Discrimination fondée sur le sexe

Under the Belgian Gender Equality Law of 10 May 2007, 'discrimination fondée sur le sexe' (gender-based discrimination) refers to any direct or indirect distinction, exclusion, or restriction based on sex. This definition is expansive, explicitly covering not only biological sex but also grounds assimilated to sex, such as pregnancy, medically assisted procreation, childbirth, breastfeeding, maternity, family responsibilities, gender identity, gender expression, sexual characteristics, and social or medical transition. It aims to prohibit unequal treatment in comparable situations across various domains, particularly employment.

Gender-based discrimination, as defined by the Act on Equality Between Women and Men, encompasses both direct and indirect forms of unequal treatment. Direct discrimination occurs when individuals are treated differently on the basis of gender, pregnancy, childbirth, gender identity, or gender expression. Indirect discrimination arises when a seemingly gender-neutral provision, criterion, or practice places persons of a particular gender, gender identity, or gender expression at a disadvantage, unless such treatment is justified by a legitimate aim and the means used are appropriate and necessary to achieve that aim. This broad definition ensures comprehensive protection against various forms of gender-related disadvantage in society and working life.

Gender-based discrimination, as defined within the Uruguayan legal framework, encompasses any distinction, exclusion, limitation, or omission that is rooted in gender, whether directly or indirectly. Its objective or result is to diminish or nullify the recognition, enjoyment, or exercise of human rights and fundamental freedoms across all spheres, including political, social, economic, and cultural domains. This broad definition ensures that both overt and subtle forms of discrimination are addressed, aiming to dismantle systemic barriers that perpetuate inequality between women and men. It specifically includes direct discrimination, where a person is treated less favorably due to their gender, and indirect discrimination, where seemingly neutral rules or practices disproportionately disadvantage individuals of a particular gender.