What is the "subjective component" of discrimination?
British Columbia, Canada
The following excerpt is from School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (CanLII):
The "subjective component" of discrimination focuses not on the actual characteristics of the person but on the attitudes, prejudices and stereotypes of others that impose limitations on that person's human dignity, respect and right to equality (see Quebec v. Montréal (City) at para. 77). The emphasis of the analysis is on "the effects of the distinction, exclusion or preference rather than the precise nature" of the person's condition (at para. 81).
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