5. Balancing of Competing Rights


page 20

Balancing of competing rights

72. Concerning the issue of balancing competing rights, the Special Rapporteur would like to emphasize that there exists no hierarchy of discrimination grounds. She welcomes the fact that the mandate of the recently established Commission for Equality and Human Rights includes promoting understanding and encouraging good practices concerning relations between members of groups who share a common attribute in respect of age, disability, gender, race, religion or belief and sexual orientation. The approach taken by the pertinent anti-discrimination legislation seems to be quite balanced and there are specific exemptions or transitional provisions for organizations relating to religion and belief. Ultimately, balancing different competing rights can only be decided on a casebycase basis taking into account the particular circumstances and implications of the case.

Return to Report’s Thematic Overview concerning the Balancing of Competing Rights


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