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Sexual Orientation » LegislationLegislationSex Discrimination The Sex Discrimination (Northern Ireland) Order 1976 (amended 1988) (SDO) makes
it unlawful to discriminate against an individual on the grounds of his or her
sex in the fields of employment, training and related matters, education, the
provision of goods, facilities and services, and the disposal and management of
premises. The Order also makes it unlawful to discriminate against married persons
in employment; on grounds of gender reassignment in employment and training; and
prohibits discrimination against contract workers.
The Order defines discrimination as the less favourable treatment on the grounds of the sex of a man or a woman, or of his or her marital status or because a person intends to undergo, is undergoing or has undergone gender reassignment. Indirect discrimination occurs when a condition or requirement that is applied to all has the effect that a considerably smaller proportion of women (or men) can comply with it, and non-compliance causes detriment to an individual who cannot comply. Such a condition or requirement would not be unlawful if it could be justified on grounds not related to sex. Discrimination also includes the victimisation of a person who has brought, or given evidence in proceedings under the Order, or the Equal Pay Act (Northern Ireland)1970 (amended 1984) or provisions of the Pensions (NI) Order 1995. (Source: Equality Commission for Northern Ireland)
Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 Council Directive 2000/78/EC ('the directive')
The regulations implement Northern Ireland's obligations in relation to discrimination
on grounds of sexual orientation under Council Directive 2000/78/EC ('the directive')
which establishes a general framework for equal treatment in the field of employment.
The sexual orientation aspects of the Directive are to implemented by Member states
by 2 December 2003.
The regulations are broadly similar in structure and form to the Sex Discrimination (Northern Ireland) Order 1976 (amended 1988) (SDO) and the Race Relations (Northern Ireland) Order 1997 (RRO). Some provisions are also similar to those in the Disability Discrimination Act 1995 (DDA).The regulations are to come into operation on 1 December 2003. (Source: Promoting equality of opportunity. Implementing EU Equality Obligations in Northern Ireland. Office of the First Minister and Deputy First Minister.) Legislation Northern Ireland Act 1998 - Section 75 and Schedule 9. Section 75 and Schedule 9 to the Northern Ireland Act 1998, came into force on 1 January 2000. Responsibility for these provisions lies with the Secretary of State. The provisions place a statutory obligation on public authorities (Northern Ireland departments, most non-departmental public bodies, District Councils and other bodies including UK departments designated by the Secretary of State) to carry out their functions relating to Northern Ireland with due regard to the need to promote equality of opportunity
In addition, without prejudice to this obligation, public authorities must have regard to the desirability of promoting good relations between persons of different religious belief, political opinion, or racial group (Source Equality Commission for Northern Ireland)
Human Rights Act 1998
In legal terms, the Human Rights Act incorporates the rights and freedoms of the European Convention on Human Rights (ECHR) into UK law, confirms the abolition of the death penalty and enables individuals to bring cases to court in Northern Ireland, who will enforce these rights if necessary. It empowers UK courts to award damages and provide other remedies to those whose rights have been violated.
It also embraces limitations on rights which the ECHR included to cover unusual circumstances such as war or a public emergency, known legally as 'derogating' from the overall standard of protection, this applied in Northern Ireland where the exceptional level of violence led to limits on legal rights, such as allowing police to detain a terrorist suspect for up to five days without charge instead of the usual 48 hours.
Article 1 is introductory
Article 2 Everyone's right to life shall be protected by law.
Article 3 No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4 No one shall be held in slavery or servitude or be required to perform forced or compulsory labour.
Article 5 Everyone has the right to liberty and security of person.
Article 6 Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Article 7 No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
Article 8 Everyone has the right to respect for their private and family life, home and correspondence.
Article 9 Everyone has the right to freedom of thought, conscience and religion.
Article 10 Everyone has the right to freedom of expression.
Article 11 Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of their interests.
Article 12 Men and women of marriageable age have the right to marry and found a family.
Article 14 The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political, or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16 Restrictions on political activity of aliens.
Article 17 Prohibition of abuse of rights.
Article 18 Limitations on use of restrictions of rights.
Article 1 of Protocol 1 (a later addition to the convention) Everybody is entitled to the peaceful enjoyment of his or her possessions.
Article 2 of Protocol 1 No person shall be denied the right to education.
Article 3 of Protocol 1 There shall be free elcetions at reasonbale intervals by secret ballot, inder conditions which ensure the free expression of the opinion of the people in all choice of legislature.
Article 1 of Protocol 6 Abolition of the death penalty.
Article 2 of Protocol 6 Death penalty in time of war. (Sources:Human Rights Impact Leaflet. Northern Ireland Human Rights Commission and Human Rights Act 1998 Chapter 42)
New Rights For Transsexual People. July 2003 The Department of Constitutional Affairs, on behalf of the Government, published a draft Gender Recognition Bill to give legal recognition to transsexual people who can demonstrate that they have taken decisive steps towards living permanently and fully in their acquired gender, as opposed to the gender in which they were registered at birth. Applications for legal recognition in the acquired gender will be considered by a Gender Recognition Panel. If the Panel issues a Gender Recognition Certificate, a new birth certificate will be available. The draft Bill as published relates only to England and Wales, but Northern Ireland clauses will be included before introduction to Parliament. (Source:www.nics.gov.uk)
New Rights For Gay People. December 2005
The Civil Partnership Act 2004 became law on 5 th December 2005 – it will enable same sex couples to form a civil partnership. Once registered, civil partners will generally enjoy all the same rights and responsibilities as married couples in terms of financial matters, employment and children and maintenance.
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