Improve The Theoretical Basis Of The Anti-discrimination And Countermeasures

The concept of non-discrimination lies at the heart of human rights. Twenty-six of the Universal Declaration's 30 Articles begin with the words"Everyone…"or"No one…"Everyone should enjoy all human rights. No one should be excluded. All human beings are born free and equal in dignity and rights. Non-discrimination must prevail. As said by Navi Pillay, United Nations High Commissioner for Human Rights, "Discrimination lies at the root of many of the world's most pressing human rights problems. No country is immune from this scourge. Eliminating discrimination is a duty of the highest order." Therefore,"embrace diversity, end discrimination"has been designated as the official theme of Human Rights Day of 2009. In the modern country under the rule of law, it's an urgent and necessary task to theoretically analysis anti-discrimination and take eliminating discrimination into the vision of law. This paper will analyze the reason and significance of anti-discrimination from the perspective of jurisprudence, and seek legal measures on basis of these analysis along with the society practice of China.In addition to the introduction and conclusion, the full text can be divided into three parts. The first part focuses on what is discrimination and anti-discrimination, including the explanation of the definition, classification and exceptions of discrimination. As well in this part, the international and domestic legal source of anti-discrimination has been sort out. International legal source can make the direction of anti-discrimination; domestic legal source make us a good understand of the actual situation. The second part explains why we should eliminate discrimination. The reason will be analyzed from the perspective of human dignity, equal rights, social benefits, governmental responsibility and the duty of individuals. The third part gives the suggestion how to eliminate discrimination with legal action on the basis of the analysis of the former two parts, following the actual situation of the society. The suggestions are given from a legal perspective systematically in accordance with the dimensions of legislative, judicial and policy.