• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discuss the extent to which discrimination is prohibited under English and Welsh law (25 marks)

Extracts from this document...

Introduction

Discuss the extent to which discrimination is prohibited under English and Welsh law (25 marks) Article 14 of the European convention on Human rights protects individuals from discrimination. Traditionally English law has intervened to control discrimination in a very limited way, it is initially applied only to the areas of race and sex and only in relation to discrimination for certain purposes. E.g. they targeted race discrimination after WW2 when we had significant immigration from the commonwealth. Whereas the coverage is much larger today and broadly apply to employment discrimination, housing, education and the provision of services. The English law previously provided no remedy against unjustifiable discrimination, therefore in Applin v Race Relations Board (1975) Lord Simon referred to the "unbridled capacity to discriminate" at common law. This was in line with the traditional civil liberties in Britain and the view that an individual could do anything that the law does not prohibit. Therefore if sexual discrimination were to be tackled legislation would have to be passed. The First but limited attempt to prevent racial discrimination was the Race Relations Act 1965 which was later followed by the Race Relations Act 1968 which had a wider scope and extended this prevention of discrimination in law into further areas. ...read more.

Middle

Although the Sex Discrimination Act 1975 covers discrimination in employment, Tran sexuality is different to usual sex discrimination, if the man where to have registered his new gender the Gender recognition Act (2004) would have covered him but he was still in the planning stages. Some discrimination on the grounds of sex is lawful where the services provided are generally different from both men and women. Sex discrimination is also permitted for religion or the participants in single-sex sports or for annuities and insurance polices in which discrimination is reasonable. E.g. Women tend to live longer (life insurance), Female doctors; some women may ask to be seen by a female doctor. Females often pay lower driving insurance compared to their male counterparts. The Race Relations Act 1976 is the relative legislation for race discrimination and covers discrimination on the grounds of race/ colour and ethnic background in matters of employment, education, housing or the provision of services e.g. hotels. The Race Relations (amended) Act (2000) was passed because of the Macpherson Report which required public bodies to become more pro-active in terms of promoting racial equality E.g. the police. Examples of direct racial discrimination include Lambeth LBC v CRE where the council advertised a job vacancy for a manager or assistant manager in their housing benefits departments, and specified that only ...read more.

Conclusion

the applicants who are accusing them of discrimination cannot afford to pay for their own solicitor which highlights, the lack of legal aid. Simply they must fund their own case. There is also a lack of expertise that tribunal members have of discrimination cases, this is worse for applicants as the tribunal will not be much help to them. Over the last few years the influence of EU law on British law has been pretty obvious in the terms of sex discrimination, along with the implementation of the Equality Framework Directive recently. These two measures both aid to push law in the right direction in relation to discrimination on all levels. Also the Equality Act 2006 has replaced both equal the opportunities commission and the commission for racial equality with equality and the human rights commission. This new system has powers to enforce rules and regulations to launch pfficial enquires and investigations in to cases and it can also help the individual because it can take action on behalf of the person in question, it also provies advice with a new help line being set up and the government is also working towards creating s=a signle equality legislation e.g. The Equality Act 2010 Therefore discrimination is widely prohibited amongst law in England and Wales . ?? ?? ?? ?? Katherine Davies ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Tort section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

5 star(s)

Excellent essay.

5 Stars.

Marked by teacher Edward Smith 18/07/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Tort essays

  1. Marked by a teacher

    "The Nedrick/Woolin direction on intention manages to produce a clear distinction between intention and ...

    4 star(s)

    In order for a defendant to be convicted of murder under the Nedrick/Woollin direction, the consequences of their actions must have been virtually certain and they must have known them to be. In the terrorist example, 'it might realistically be said that the terrorist did not foresee the killing of

  2. Marked by a teacher

    Questions related to the tort of negligence.

    3 star(s)

    usually a lot more able to pay out large amounts of compensation than the employee. It probably won't hurt the company to pay the compensation as much as it would hurt the employee. And the company will probably have insurance to cover just such an eventuality, meaning that an insurance group will pay the compensation.

  1. Examine the arguments for and against strict liability illustrating your answer with example of ...

    them such as blasphemous libel and/or criminal cases for example Lemon and Gay New ltd (1979). The defendants were charged with the offence of blasphemous libel concerning 'an obscene poem and illustration homosexual acts performed on Christ's dead body. The defendants were convicted and appealed but the House of Lords

  2. Consider the meaning and importance of fault-based liability in English law

    Without this element being satisfied the defendant cannot be found to be criminally liable, with the exception of crimes of strict liability. There are three distinct degrees of fault in criminal law, namely, intention, recklessness and negligence. The more at fault a defendant is, the highest degree being intention, then the more they will be held responsible for their crimes.

  1. Discuss the meaning of fault on the basis for criminal liability. Explain and evaluate ...

    Full and partial defences are allowed to reduce the responsiblilty of the D's if they are not entirely blameworthy. The defendant may have committed the actus reus with appropriate mens rea, but can still not be at fault. For example, using reasonable force to defend yourself or if victim consented harm.

  2. negligence in tort

    such that he came under an obligation to use care towards him. This relationship is sometimes referred to as 'proximity'. In cases of personal injury, the necessary relationship is established if the defendant ought to have foreseen damage to the claimant.

  1. UNIT3 ASSIGNMENT4 LAW OF TORT

    The present law of private nuisance developed from the old 'Assize of Nuisance', which was only available to freeholders (people who owned the freehold of land). Today, the claimant (Leonard) must still prove interference with occupation of their property, or enjoyment of rights over their property, such as the right

  2. Contributory negligence and volenti non fit injuria are very similar in nature and effect. ...

    The difference in the valuation showed that the claimant knew of the risk and in using it they had been contributory negligent. However, there are some cases where volenti is not applicable. Drivers can never plead volenti. The Road Traffic Act 1988 excludes the use of volenti to allow drivers to avoid liability to passengers.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work