Includes any distinction, exclusion or restriction due to gender that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of human rights and fundamental freedoms. Direct discrimination occurs when a difference in treatment relies directly on distinctions based exclusively on characteristics of an individual related to their sex and gender, which cannot be justified on objective and reasonable grounds (e.g. laws excluding women from serving as judges). Indirect discrimination occurs when a law, policy, programme or practice appears to be neutral but has a disproportionately negative effect on women or men when implemented (e.g. pension schemes that exclude, for instance, part time workers, most of whom are women).
Integrating a Gender Perspective into Human Rights Investigations, OHCHR