OSCE field operations have often been faced with individual complaints of discrimination.
To establish that a case of discrimination may have taken place, it is necessary to conduct a
comparative test:
Is any distinction between similarly situated individuals justified by reasonable
and objective criteria?
Is the distinction objectively or reasonably related to the aim of the law and practice,
and is that aim itself consistent with recognized principles of human rights?
Does a law or practice have a discriminatory impact, i.e., “hidden” discrimination that
routinely affects a certain group in the society?
Under international human rights instruments, so-called affirmative action, which is undertaken in order to diminish or eliminate conditions that cause or help to perpetuate discrimination, constitutes legitimate differentiation. Moreover, discrimination is not restricted to action by, or on behalf of, governments. States have an obligation to take
measures to eliminate discrimination in the private sector.
Because the issue of discrimination is so broad and may manifest itself in so many different ways, OSCE field operations will need to consider carefully their ability to pursue various types of individual complaints of human rights violations in this field. It is likely well
beyond the means of even the largest OSCE missions to deal with certain legitimate complaints, e.g., involving the employment conditions of an individual at a private enterprise.
Such cases might be better referred to appropriate national authorities for redress. On the
other hand, even the smallest missions should consider following up on certain individual
complaints of discrimination, e.g., if a candidate for election is arbitrarily refused registration because he or she does not speak the national language. Missions should also be alert
to individual complaints that may reflect a pattern of discrimination, such as unequal opportunities for persons belonging to minorities.
5.7
FREEDOM OF THOUGHT, CONSCIENCE, RELIGION, OR BELIEF
OSCE commitments on freedom of thought, conscience, religion, or belief were first enshrined in the Helsinki Final Act (1975), making them among the longest-standing OSCE
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