National originis thenationwhere a person wasborn,or where that person'sancestorscame from. It also includes thediasporaofmulti-ethnic states and societiesthat have a shared sense of common identity identical to that of a nation while being made up of several component ethnic groups. National origin can be the same, different from, or a combination of a person'snational identity,which is the nation with which a person subjectively identifies with; in some cases, such as children born to expatriates, temporary residents or diplomatic and consular staff, a person may not identify with the nation in which they were born. National origin and national identity which can be tied to each other should also be distinguished from a person'snationalityorcitizenshipwhich is a legal status in which a sovereign state recognizes someone as belonging to their country.
Discrimination
editIn Europe, discrimination against a person on the basis of national origin is considered a type of racial discrimination.[1]The UK'sRace Relations Act 1976names discrimination on the basis of national origin as discrimination on racial grounds.[1]The European Union'sRacial Equality Directiveprohibits discrimination on the basis of national origin.[1]
In the US, it is illegal to discriminate against a person on the basis of national origin in education, employment,housing,lending, or other specified areas.[2]For example, employers cannot refuse to hire job applicants or treat employees differently because of where they were born, their ancestry, theirculture,the languages they speak, or speaking with anaccent.[2]Workplace rules that require employees in the US to speak only English on the job can be a form of discrimination on the basis of national origin, but employers may have a legitimate business need for employees to speak English at work, such as to provide adequate supervision or to prevent the isolation and alienation of employees and customers that do not speak the same non-English language.[3]
Under Australian law, discrimination on the basis of national origin is illegal, whereas discrimination on the basis ofnationalityorcitizenshipis not; national origin is determined only by the situation at an individual's time of birth (their birthplace or the national origin of their parents), not by factors subsequent to their birth (such asnaturalisationorRenunciation of citizenship).[4]
References
edit- ^abcSchiek, Dagmar; Waddington, Lisa; Bell, Mark; Choudhury, Tufyal; Schutter, Olivier De; Gerards, Janneke; QC, Aileen McColgan; Moon, Gay (2007-08-31).Cases, Materials and Text on National, Supranational and International Non-Discrimination Law: Ius Commune Casebooks for the Common Law of Europe.Bloomsbury Publishing.ISBN978-1-84731-697-4.
- ^abFederal Protections Against National Origin Discrimination.U.S. Department of Justice, Civil Rights Division. 2001.
- ^Notestine, Kerry E.; Section, American Bar Association Tort and Insurance Practice (2000).Fundamentals of Employment Law.American Bar Association. pp. 63–64.ISBN978-1-57073-806-7.
- ^"National Origin | Australian Human Rights Commission".humanrights.gov.au.Retrieved2021-04-02.