| Summary: | This article uses a socio-historical approach to analyze the displacement in the definitions of the concept of discrimination. Based on two case-studies dealing with the process of recognition of same-sex couples and the struggle against AIDS in Switzerland, this article highlights that this displacement, starting with a legal definition then transformed and conveyed by social science research, had a significant impact: once in the hands of lawmakers, the concept of discrimination indirectly undercuts the equality principles in legal reforms concerning the same-sex couples institutionalization. The way Swiss lawmakers understand the concept of discrimination relies on the register of recognition, which doesn’t hold the legal force of the concept of discrimination.
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