How can discrimination and horizontal inequality be combated? Many societies exhibit strong horizontal inequality, meaning gaps in well-being between clearly defined groups (for example, along lines of gender or ethnicity). Frequently, a lack of respect for equal rights and difficulties in claiming entitlements are major factors underlying poverty, contributing to economic and social exclusion. This Overseas Development Institute background paper reviews the importance of human rights, the extent, nature and processes of discrimination and how far states combat it. It presents the potential contribution of rights-based approaches by governments, civil society and international donors to combating discrimination and inequalities.
A rights approach enables beneficiaries of development to make legitimate claims on governments, and international human rights law highlights that combating inequalities is important in itself, not purely instrumental. The concept of social exclusion highlights how people are often deprived of several things simultaneously. Membership of a particular group (especially by race, ethnicity or gender) can mean a disproportionate chance of being poor, suggesting discriminatory structures and processes exist.
Overlapping forms of discrimination create a complex interaction between economic, social and political exclusion.
- Poverty can be a direct source of discrimination: Social stigma and lack of income and capabilities prevent people from claiming rights. Inequality and discrimination may also exist without poverty.
- Intra-group inequalities may be more significant than inter-group ones, meaning interventions may not capture the most disadvantaged within target groups.
- Discrimination processes can be formal (officially sanctioned) and informal (based on perceptions and attitudes), and these can be either direct or indirect (due to the cumulative effects of historical discrimination).
- Formal processes include unequal recognition before the law, failure to enforce non-discrimination, and unequal access to services, while informal discrimination includes stigmatisation in the public and private sphere. Indirect discrimination creates uneven human capital, with continuing disadvantage and stereotypes mutually reinforcing each other.
- Affirmative action recognises indirect discrimination and responds with time bound corrective measures. To avoid backlash, developmental affirmative action seeks to promote the participation of a target group without using differentiated standards of evaluation.
- Collective rights are claimed by particular groups in order to preserve their identity and recognise difference. They are increasingly recognised but may conflict with individual rights.
The following policy responses are outlined, with the caveat that successful measures need to be tailored to the specific context, and based on an analysis of the particular causes of discrimination:
- Admission by the international community, states, and society that discriminatory practices are ongoing and harmful, and collection of disaggregated data to enable adequate policy responses.
- Constitutional and legal frameworks embodying non-discrimination and equality, available mechanisms to sanction discriminatory behaviour, and institutional reforms to build awareness and prevent institutional discrimination.
- Priority areas for social investments depending on patterns of discrimination, with access to education, health, housing and land of particular importance.
- Affirmative action policies until an equal playing field has been established, with awareness of the possibility of backlash and difficulty in suspending temporary entitlements.
- Reforms to ensure political participation and adequate representation in public institutions, and advocacy activities to raise awareness, educate and initiate processes of social and cultural transformation.
- Support to the international human rights system, setting new standards and revoking treaty reservations.
- Rights based development assistance, with agencies ensuring that they do not encourage discriminatory practice; raise awareness; adopt participatory approaches rather than tokenistic consultations; and promote socially inclusive responses.
