不受歧视权可以看作是从平等权中发展起来的一项独立法律权利。不受歧视权与其他各项人权的主要区别是:各项人权约束的对象都是国家,它们要求国家不得侵犯或者制定法律予以保障;不受歧视权则既约束国家也限制私人,即私人对不特定的人提供就业、教育和公共服务等准公共领域的行为时,都要直接受到不得进行任何不合理的区别对待的约束。在法律理论上明确不受歧视权是一项独立的法律权利,是我国法律现实的实际需要。当事人主张不受歧视权被侵犯,犹如主张财产权、人身权被侵犯一样,应当可以在法院裁判中作为具体的案由予以确认,这不仅是理论所需,也是审判实践的必要。 The right to non-discrimination can be seen as an independent legal right developed from the right to equality. The main difference between non-discrimination and other human rights is that each of the objects of human rights restraint is a state, which requires that the state should not violate or make laws to protect it. The right to non-discrimination is not only a constraint on the state but also a private right When an unspecified person provides employment, education and public service in the public domain, he or she should be directly bound by any unjustifiable distinction. It is an independent legal right to clearly state the right to non-discrimination in legal theory, which is the actual need of legal reality in our country. The parties claim that the right to non-discrimination is violated, just as claiming property rights and personal rights are violated should be confirmed as a specific case in the court judgment, which is not only required by theory but also necessary for trial practice.