Indirect Discrimination In Indonesia

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Discrimination on housing can be a result of a complex web of discriminatory process related to other types of exclusions and close links to levels of education, incomes, health and living conditions. As it was discussed before certain policies, regulations and practices that apparently neutral can have disadvantage impacts on particular groups. Such disadvantaged impacts result in indirect discrimination meaning that the same or equal treatment for everyone leads to disparate impacts on certain groups. Indirect discrimination is one of discrimination types that a little challenging to be recognized. It requires states to ensure that their constitutions, laws and policies do not discriminate based on both prohibited grounds and other status.…show more content…
Moreover, it states that all human rights recognized in the Constitution should be equally treated to Indonesian without any discrimination. Indonesia does not have a specific law on prohibition of discrimination; therefore, there is no clear cut what kind of differential treatment can be categorized as either direct or direct discrimination. The same goes for the Human Rights Law 39/1999 which only enumerates the principle of equality and non-discrimination. It recognizes discrimination as a differential treatment based on prohibition grounds, such as religion, race, ethnic, social and economic status, gender, language and political beliefs that influences and hindrances the enjoyment of human rights. It does not mention further other grounds, such as place of residence or disability that could possibly affecting the enjoyment of human rights. Therefore, if a differential treatment occurs and it is not based on the listed prohibited grounds it may not fall under discriminatory…show more content…
Moreover, the idea of general welfare can be traced in the Indonesian Constitution in which shown that one of the aims of the establishment of the Indonesian state is to promote the general welfare of its inhabitants in order to achieve social justice. To implement the idea of general welfare promoted by the Indonesian founding fathers, the citizen protection as a well-being is enshrined in the Constitution and Human Rights Law. These two laws protect human rights of all inhabitants under the principle of equality and non-discrimination. In this regards, the government serves to be responsible to its inhabitants in the field of poverty, social security, public participation health service, and other public

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