What is racial discrimination?
Learn what constitutes racial discrimination, your legal safeguards under Australian law, and where to access support and help if you experience discrimination.
Introduction
Racial discrimination is when someone is treated unfairly or denied the same opportunities as others because of their race, skin colour, or where they come from.
While it's now widely accepted that there's no scientific basis for biological categories of race, the idea of race is relevant.
This is because ideas of race (and ideas that are racist) are at the heart of many of today’s laws, cultures and societies, with certain racial identities seen as 'normal’, while others are seen as ‘different’ or worse.
Discrimination happens when people act on those unfair thoughts, like not giving people a job or a place to live. It also happens when we fail to provide for a group’s needs, limiting their participation in everyday life. For example, when a government doesn't provide translation support for access to essential services.
Know your rights
Everyone has the right to feel safe and be free from discrimination, regardless of race, colour or national or ethnic origin or immigrant status.
If you experience racial discrimination, you can tell:
- A trusted person: Talk to a friend or a family member if you feel comfortable doing so.
- Your employer: Report the discrimination to your employer or HR department in writing or in person. You can also contact your workplace health and safety or union representative.
- A helpline: Organisations including 1800 RESPECT, Lifeline, or Beyond Blue offer free counselling.
- The Commission: helps resolve complaints of discrimination based on a person’s race.
You can find more information about responding to racism, support services and how to report it at Racism. It stops with me.
We cannot effectively address racism and the harmful impacts it has without acknowledging its existence and then taking powerful action to confront it.
Examples of racial discrimination
There are 2 types of racial discrimination
- Direct discrimination is when someone is treated unfairly because of their race, colour, descent, national, ethnic origin or immigrant status.
For example, if a doctor provides a lower standard of care to patients of a particular race.
- Indirect discrimination happens when policies or practices are put in place which appear to treat everyone the same but disadvantage some people because of their race, colour, descent, national or ethnic origin or immigrant status.
For example, if a company bans all headwear at work, it might unfairly impact people from specific racial or ethnic backgrounds who wear headwear such as a scarf or turban for cultural or religious reasons.
Here's a real example of how we helped someone who experienced racial discrimination.
Personal stories
Video: Let's talk about racism
What is racism?
Learn about the different forms of racism, who it affects and how to take anti-racist action.
Laws about racial discrimination
In Australia, there are laws to protect people from being treated unfairly because of their race. The main law is the Racial Discrimination Act 1975 (Cth).
This Act makes it unlawful to mistreat someone because of their race, colour, where they come from, or their ethnic background or immigrant status.
It covers many areas, including:
- Jobs - making sure everyone gets a fair chance at getting hired, promoted, and treated well at work.
- Education - protecting students from being treated unfairly in childcare, schools and universities.
- Services - ensuring everyone has equal access to services like healthcare, aged care, banking, and shopping.
- Housing - preventing unfair treatment when renting or buying a home.
- Access to public places - ensuring everyone has equal access to public spaces such as parks, government offices, restaurants, hotels or shopping centres.
It’s up to everyone to know the signs of racism and act against it. This creates a fairer and more inclusive society.
This includes employers and educators.
International laws
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a major United Nations treaty that aims to end racial discrimination. A treaty is a kind of official agreement that countries can sign up to. Australia is one of many countries which have signed up to this treaty. It did this in 1966.
Countries that sign a treaty agree to take action against racial discrimination.
The treaty also set up the Committee on the Elimination of Racial Discrimination (CERD) to check if countries are following the rules.
Downloadable resources
National Anti-Racism Framework
A roadmap for governments, business and community organisations to address all forms of racism in Australia.
An Anti-Racism Framework: Voices of First Nations Peoples
This report draws from extensive consultations with First Nations peoples and recommends systemic solutions.
An Anti-Racism Framework: Experiences and perspectives of multicultural Australia
Findings and recommendations drawn from consultations with more than 1200 people with lived experience of racism.
Race reporting handbook
How to combat structural and systemic racism in Australia's media landscape.
