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Political Opinion » LegislationLegislationFair Employment and Treatment
The Fair Employment and Treatment (Northern Ireland) Order 1998 (FETO) makes
it unlawful to discriminate against someone on the ground of religious belief
or political opinion. This includes a person's supposed religious belief or political
opinion and the absence of any, or any particular, religious belief or political
opinion.
The Order defines discrimination as the less favourable treatment of a person
on either of those grounds. It includes applying a requirement or condition, which
though applied equally to all, has the effect that a considerably smaller proportion
of people of a particular religious belief or political opinion can comply with
it and non-compliance causes detriment to individuals who cannot comply. Such
a condition or requirement would not be unlawful if it can be justified on grounds
other than religion or political opinion.
Discrimination also includes the victimisation of a person because he/she has
asserted or assisted another person to assert, their rights under the Order.
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 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 the 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 Human Rights Act 1998 Chapter 42) |
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