Legislation

Sex Discrimination

The Sex Discrimination (Northern Ireland) Order 1976 amended 1988 (SDO).

The Order makes it unlawful to discriminate against married people in employment

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

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 married people or an individual who cannot comply

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

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.

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

(Source:Human Rights Impact Leaflet. Northern Ireland Human Rights Commission and Human Rights Act 1998 Chapter 42)

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 fo 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 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 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.

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