Discrimination means prohibited different treatment the purpose or result of which is placing an individual into situation that is less favorable in comparison to another individual in comparable situation, based on expression of prohibited different treatment, including infringement of an individual and instructing discrimination of an individual.

The prohibition of discrimination applies to all and any relations between the State and an individual, and it also applies to certain areas of private law, for example employment relations.

Different treatment is not treated as discrimination if the difference is based on an objective requirement, provided that the purpose of such requirement is legitimate and the tools selected to ensure compliance are adequate. Social protection measures, such as special rights related to pregnancy and maternity, do not amount to discrimination. Positive discrimination in the form of various positive measures aimed at protection of the rights of a vulnerable group of individuals also should not be treated as discrimination.