The right not to be discriminated against
This right is a right not to be discriminated against in the enjoyment of the other human rights contained in the Human Rights Act. It is not a free standing right, so if no other right in the
Human Rights Act is engaged then this right will not come into play.
Discrimination takes place when someone is treated in a different way compared with someone else in a similar situation.
Indirect discrimination happens when someone is treated in the same way as others that does not take into account that persons different situation. However, an action or decision will only be considered discriminatory if the distinction in treatment cannot be reasonably and objectively justified.
From the Human Rights in Healthcare
Document downloaded from Department of Health website
Human Rights in Healthcare