非歧视在很多场合被视为平等的等意词,俨然已经成为衡量平等的重要标准。但是歧视一词有不公正的区分和区别对待两层含义,且存在贬义和中性两种词性。作为平等衡量标准的非歧视中的歧视应是不公正的区别,指的是贬义词意义上的歧视。同时,不公正的区分可以由区分目的的不公正和区分实行效果的不公正两方面构成。歧视的两层含义紧密相关,基于对合理区别的考虑所给予的特殊保护会可能随着社会的发展成为不公正的区分,从而违反平等原则。 The idea that non-discrimination is regarded as equal on many occasions seems to have become an important criterion for measuring equality. However, there is an unfair distinction and discrimination between the two meanings of discrimination, and there are two types of derogatory and neutral. Discrimination in non-discrimination as an equal measure should be an unjust distinction, referring to discrimination in the sense of derogatory term. At the same time, unfair distinctions can be made by distinguishing between the injustices of purpose and the injustices that differentiate between effects. The two layers of discrimination are closely related, and special protection based on reasonable discrimination may become an unfair distinction with the development of society and violate the principle of equality.