Different forms of discrimination

I have learnt so much from your column. When I read the article on the difference between a governor and a senator, I thought you could clarify something for me. Does Kenya need equality legislation? Distinguish the following terms:

Discrimination, direct discrimination, indirect discrimination, multiple discrimination, equal opportunities and differential treatment.

Thank you for your compliments. Kenya needs an equality legislation that encompasses all forms of discrimination in one document.

Discrimination is a general term that connotes prejudice /bias or unfair treatment to a person or a group of persons.

Direct discrimination, in effect, is a form of discrimination that expressly highlights unfairness to a person or group of persons, for instance, an employee who expressly states that only male candidates qualify for a certain job or position.

On the basis of indirect discrimination, this could be more of implied than direct. This means the accord for such discrimination is not stated clearly but through practice, the victim faces such bias.

Multiple discrimination is a situation where one faces discrimination in more than one way. For instance, a physically challenged person who is employed but does not fit to undertake a senior position, at the same time, the facilities therein do not favour his or her condition and the same person is never involved in decision making.

Equal Opportunities is a state where all persons are accorded fair treatment and without prejudice, this includes involving all persons despite their physical ability, sexual orientation or religion to participate in nation building and enjoy the resources as should be provided by the Government.

Differential treatment is a situation that is different from the other forms of discrimination. In this situation, persons might have similar qualities but are handled in a different manner from what is expected or natural.

Discrimination exists in Kenya and it needs redress so that all persons can enjoy their fundamental rights and freedoms. For this reason, equality legislation would be of great importance for implementation purposes.

—By Fida-Kenya