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Racial Group » LegislationLegislationRace Relations (N.I.) Order 1997
Race is protected under the Race Relations (NI) Order 1997, which also covers colour, nationality, ethnic origin, national origin and membership of the Irish Traveller community. The 1997 Order covers both employment and occupation, as well as the fields of education, housing and the provision of goods, facilities and services. Health care and social services provided by GPs, dentists, hospitals and the local Health and Social Services Boards and Trusts fall under the general provision of goods, facilities and services within the meaning of the 1997 Order. The Order makes it unlawful to discriminate either directly or indirectly by
the victimisation of an individual. The Order also allows certain areas of exemption
and exception for particular needs of individual ethnic minority groups.
General Exceptions:
The Order allows discrimination in favour of members of particular racial groups to enable their special education, training and welfare needs to be met. It also allows training or education to be provided for people from outside Northern Ireland who intend to leave the country when they complete their training or education. Providing training or encouragement for members of a particular racial group to enable them to compete for particular positions is allowed where members of that group are either absent or under-represented. The 1997 Order was amended by the Race Regulations Order (Amendment) Regulations (NI) 2003 and the Race Relations Order (Seaman Recruited Abroad)
Order (NI) 2003 effective from 19 th July 2003.
Race Regulations Order (Amendment) Regulations (NI) 2003
The Race Regulations Order is the local legislation to implement the European Union (EU) Race Directive 2000/43EC. This will for the first time guarantee a common legal framework of minimum protection across all 15-member states of the European Union. The scope of the Race Directive includes the provision of, and access to, goods and services, including health. However the Race Regulations do not apply to all the categories under the Race Relations Order (colour is not included and nationality is excluded), therefore a two tier system may develop with colour and nationality having less protection and other categories having higher protection as the result of the Race Regulations. (For details please contact the organisations below). The Race Regulations will improve the 1997 Order in the following key areas:
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
Human Rights Act 1998 (Source:Human Rights Impact leaflet. Northern Ireland Human Rights Commission and the 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 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 it was committed. Nor shall a heavier penalty be imposed than the one that was appicable 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. Further information on the legislation contact : Equality Commission Equality House 7-9 Shaftesbury Square Belfast BT2 7DP Tel: 028 9050 0600 www.equalityni.org Northern Ireland Council for Ethnic Minorities Ascot House 24-31 Shaftesbury Square Belfast BT2 7DB Tel: 028 9023 8645 www.nicem.org.uk |
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