The concept of racial origin relies on the notion that human beings can be separated into biologically distinct "races", an idea generally rejected by the scientific community. Since all human beings belong to the same species, the ECRI (European Commission against Racism and Intolerance) rejects theories based on the existence of different "races". However, in its Recommendation ECRI uses this term in order to ensure that those persons who are generally and erroneously perceived as belonging to "another race" are not excluded from the protection provided for by the legislation. The law claims to reject the existence of "race", yet penalize situations where someone is treated less favourably on this ground.

What relies on the idea humans can be divided into biologically distinct races?