Discrimination is any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on prohibited grounds of discrimination, and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Harassment is a form of discrimination when it is also based on prohibited grounds of discrimination.
Harassment may take the form of words, gestures or actions, which tend to annoy, alarm, abuse, demean, intimidate, belittle, humiliate or embarrass another or which create an intimidating, hostile or offensive environment. While generally involving a pattern of behaviours, harassment can take the form of a single incident. International human rights law provides lists of the prohibited grounds of discrimination. The inclusion of “other status” in these lists indicate that they are not exhaustive and that other grounds may be recognized by international human rights mechanisms. A review of the international human rights normative framework helps identify a list of grounds that includes race, colour, sex, language, religion, political or other opinion, national origin, social origin, property, birth status, disability, age, nationality, marital and family status, sexual orientation, gender identity, health status, place of residence, economic and social situation, pregnancy, indigenous status, afro-descent and other status.3 In practice, it will be difficult to include all potentially relevant grounds of discrimination in household survey questions. For this reason, it is recommended that data collectors identify contextually relevant and feasible lists of grounds, drawing on the illustrative list and formulation of prohibited grounds of discrimination outlined in the methodology section below, and add an “other” category to reflect other grounds that may not have been listed explicitly.