Working With Diversity in Northern Ireland - for local health and social services staff providing information, practical advice, guidance and examples of best practice on equality and diversity under Section 75 legislation. Working With Diversity in Northern Ireland - for local health and social services staff providing information, practical advice, guidance and examples of best practice on equality and diversity under Section 75 legislation. Working With Diversity in Northern Ireland - for local health and social services staff providing information, practical advice, guidance and examples of best practice on equality and diversity under Section 75 legislation. Working With Diversity in Northern Ireland - for local health and social services staff providing information, practical advice, guidance and examples of best practice on equality and diversity under Section 75 legislation.
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Age » Legislation

Legislation

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 constitue a criminal offence under national or international law at the time when 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 elections at reasonable intervals by secret ballot, under conditions which ensure the free expression of the opinion of the people in the choice of legislature.
 
 Article 1 of Protocol 6
 Abolition of the death penalty.
 
Article 2 of Protocol 6
Death penalty in time of war.
 
(Source: Human Rights Impact Leaflet. Northern Ireland Human Rights Commission and the Human Rights Act 1998 Chapter 43)


The United Nations Convention on the Rights of the Child (UNCRC) (Information taken from DHSS )

The Convention is a set of minimum standards - the bottom line-in protecting children rights. It is a binding international treaty which the British government has signed at the United Nations committing itself to give children the rights and protections written in the Convention.  

In the Convention 'a child' means anyone who is under 18 years of age.

There are many rights written into the Convention which include for example rights relating to:    
 
  • Children having a say in their education, protection of the environment in which children live, reasonable standards of living. 

  •  Protection from violence, abuse and exploitation. 

  •  Protection for children cared away from home and for children with a disability. 

  •  Children being able to use their own language, enjoy their own culture and practice their own religion. 

  •  Reasonable standards of health and development. 

  •  Children suspected of committing a crime and children convicted of crimes.
 There are four articles which are especially important for everyone:
  
Article 2
Discrimination
The government must make sure that children get equal rights and protection no matter what race, religion, nationality, political opinion or disability they have.
 
Article 3
The Child's Best Interest.
The government has also agreed that, in all decisions concerning children, adults should put their best interest first. That includes in courts, in schools or hospitals or if children are in care or custody. Even in parliament decisions should be taken in the child's best interests.
 
Article 4
Making it Happen.
The government has promised to make laws and change policies and procedures to give children these rights.
 
Article 12
The Childs Right to Express an Opinion.
Children should have the right to a say in all decisions affecting them, for example in court, in school, in hospital. Their opinions should be given more 'weight' depending on their age and maturity.
 
 

Children (NI) Order 1996

The introduction of the Children (NI) Order 1996 requires Boards and Trusts to take account in their work of the different racial groups and places an obligation on childcare agencies to consider the child's religious persuasion, racial origin and cultural and linguistic background in their dealing with families.

(Source: Equality Commission for Northern Ireland. Racial Equality in Health and Social Care. A Good Practice Guide.)

Race Relations (NI) Order 1997
The Race Relations (NI) Order 1997 (RRO) follows closely the provisions of the 1976 Race Relations Act in GB. It outlaws discrimination on grounds of colour, race, nationality or ethnic or national origin. The Irish Traveller community is specifically identified in the Order as a racial group against which racial discrimination is unlawful.
The Order makes it unlawful to discriminate either directly to indirectly or through the victimisation of an individual using definitions similar to those found in the Fair Employment and Treatment (NI) Order 1998 (FETO). The Race Order adds a further ground by providing that segregation on racial grounds also constitutes discrimination.

Main Exceptions
  • Employment in private household
      
  • Training for Work outside Northern Ireland
     
  • Seamen recruited abroad
     
  • Disposal of land without estate agent or advertisements
     
  • Small shared premises
     
  • Care provided in the home
     
  • Association aimed at particular racial group, defined other than by colour
      
  • Sports and competitions
     
  • Acts done under statutory authority
     
  • National security etc
     
  • Public Service employment rules
(Source:Equality Commission for Northern Ireland)

 

Northern Ireland Act 1998 - Section 75 and Schedule 9.

Section 75 and Schedule 9 of 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 Department, 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.

  • between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation. 

  • between men and women generally; 

  •  between persons with a disability and persons without, and 

  •  between persons with dependants and persons without  

  •  between men and women generally; 
 
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)
 
Age Discrimination Legislation
 
What the regulations say – in summary

The regulations on age discrimination apply to all employers, private and public sector vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. In this context an employer is anyone who has employees or who enters into a contract with a person for them to do work. The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not cover the provision of goods and services.

The regulations make it unlawful on the grounds of age to:

  • discriminate directly against you – that is, to treat you less favourably than others because of your age – unless objectively justified
  • discriminate indirectly against you – that is, to apply a criterion, provision or practice which disadvantages your particular age unless it can be objectively justified
  • subject you to harassment. Harassment is unwanted conduct that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you having regard to all the circumstances including your perception of the issue
  • victimise you because you have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of age
  • discriminate against you, in certain circumstances, after the working relationship has ended.

Employers could be responsible for the acts of employees who discriminate on grounds of age. This makes it important for them to train staff about the regulations.

Upper age limits on unfair dismissal and redundancy have been removed.

There is a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified.

You have the right to request to work beyond 65 or any other retirement age set by the company. The employer has a duty to consider such requests.
 
The government introduced age discrimination legislation on 1st October 2006  - the Employment Equality (Age) Regulations 2006.
These regulations arrived in advance of the December deadline set by the Equal Treatment Framework Directive (2000/78/EC) which required the UK to implement national legislation preventing age discrimination.
 
 
For further information go to:
 
http://www.acas.org.uk/
 
http://www.agepositive.gov.uk/
 
http://www.agepositive.gov.uk/agepartnershipgroup/
 
http://www.efa.org.uk/
 
http://www.taen.org.uk/
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