Ontario’s Human Rights Commission recognizes caste-based discrimination

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The Ontario Human Rights Commission (OHRC) recently released a policy statement acknowledging caste-based discrimination and the legal obligations to prevent it as per Ontario’s Human Rights Code.

“Caste-based discrimination is an internationally recognized violation of human rights,” OHRC said in its statement, adding that Ontario’s Code “has the necessary protections to deal with any potential form of discrimination related to a person’s caste or descent”.

“The OHRC takes the position that caste-based discrimination is an intersectional system of discrimination that can be covered under any combination of ancestry, creed, colour, race, ethnic origin, place of origin, family status, or possibly other grounds, under Ontario’s Code.

“Discriminatory treatment based on xenophobia, that is, dislike of or prejudice against people from other countries, is also contrary to the Code. So is discrimination based on a stereotype or perception that an individual or group practices a religion or comes from a community associated with the caste system,” the statement read.

The provincial human rights body also states that organizations have a legal obligation under the Code to make sure their environments are free from discrimination and harassment, bullying or a poisoned environment based on caste and the related grounds.

“Organizations must respond to and investigate claims of caste-based discrimination, and remedy situations when discrimination is found,” OHRC said. “They should have a human rights complaint procedure in place and could also recognize caste-based discrimination in a corporate human rights policy.”

“Training and public awareness for staff and service recipients, such as students, may also be necessary to help prevent and address misinformation, prejudice and other barriers that contribute to caste-based discrimination, especially when caste-based discrimination is or ought to be a known problem within the organization or sector,” it said.

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