The principle of Equality and non-discrimination, the legal framework and institutions for protection against discrimination in Albania and its impact of the ECHR practice on gender discrimination issues

• Author: Iris Berisha
• Pages: 114-121

114

Vol. 6 No.1

May, 2020

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

The principle of Equality and non-discrimination, the legal framework and

institutions for protection against discrimination in Albania and its impact of

the ECHR practice on gender discrimination issues

Iris Berisha

Introduction

All human beings are born free and equal in dignity and rights. They have reason and

conscience and should treat ea other with a spirit of brotherhood1. This def‌i nition is

made in Article 1 of the United Nations General Declaration of Human Rights.While

in its Article 2 it is explicitly stated that: Everyone enjoys all the rights and freedoms set

forth in this Declaration without limitation as to race, color, sex, language, religion, political

or other opinion, national origin, etc.No distinction shall be made on the basis of the political,

legal or international status of the State or country to whi ea person belongs, whether

the State or the country is independent, whether under guardianship, or not self-governing

orwhi is found in any other condition of restriction of sovereignty2.

Dignity is the essence of human rights. Throughout human history, rights have been

def‌i ned and embodied in the value of one's dignity. These values are universal. They

go beyond personal and national boundaries.

Despite the regulations that various national and international acts make in this

sensitive area, we still notice in our society behaviors that treat individuals di erently

for various reasons, one of which is gender equality.

Any unequal treatment of an individual, as opposed to an individual of the opposite sex in the

same or similar circumstances is considered direct gender discrimination. Human rights are

universal. They belong to individuals and should be enjoyed equally by all.

Inter alia, this is how respect and acceptance of human dignity by all is determined,

but that is not always the case ... This is where the birth of the non-implementation

of an important principle for jurisprudence takes shape: "The principle of Equality

and Non-Discrimination".As a universal value, equality means freedom and rights

for every individual who, although di erent at the same time, they are also equal. It

is this demand for equality between human beings that must represent that blocking

mechanism to everyone's discriminatory a itudes.

Discrimination is an early "phenomenon" of humanity, a social disease that has

appeared since the beginning of human development and collective organization.

Even the etymological decomposition of the term “Discrimination” comes from the

Latin “Dicrimino” which means division, di erent treatment, restriction of rights or

imposition of inequality.This indicates a problem that has deep roots in the human

mind.

This term evidences unfair treatment. This approach represents one of the most

common forms of violation of fundamental human rights and freedoms which is

based on dangerous doctrines and ideas such as the superiority of races, peoples,

genders, sexes, religions, etc.

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1 Article 1 general declaration of the United Nations for human rights.

2 Article 2 general declaration of the United Nations for human rights.