Gender Discrimination in UK Law

Leading Cases
  • James v Eastleigh Borough Council
    • House of Lords
    • 14 Junho 1990

    This is because, as I see it, cases of direct discrimination under section 1(1)( a) can be considered by asking the simple question: would the complainant have received the same treatment from the defendant but for his or her sex?

  • R v Immigration Appeal Tribunal, ex parte Shah
    • House of Lords
    • 25 Março 1999

    To identify a social group, one must first identify the society of which it forms a part. Within that society, it seems to me that women form a social group of the kind contemplated by the Convention. Discrimination against women in matters of fundamental human rights on the ground that they are women is plainly in pari materiae with discrimination on grounds of race. It offends against their rights as human beings to equal treatment and respect.

    What is the reason for the persecution which the appellants fear? Here it is important to notice that it is made up of two elements. First, there is the threat of violence to Mrs Islam by her husband and his political friends and to Mrs Shah by her husband. This is a personal affair, directed against them as individuals. Secondly, there is the inability or unwillingness of the State to do anything to protect them. The evidence was that the State would not assist them because they were women.

  • R (Carson) v Secretary of State for Work and Pensions
    • House of Lords
    • 26 Maio 2005

    If this prerequisite is satisfied, the essential question for the court is whether the alleged discrimination, that is, the difference in treatment of which complaint is made, can withstand scrutiny. There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous.

    In its judgments the European Court of Human Rights often refers to "very weighty reasons" being required to justify discrimination on these particularly sensitive grounds. This appears, for instance (in relation to cases of discrimination on the ground of sex) in Abdulaziz, Cabales and Balkandali v United Kingdom (1985) 7 EHRR 471, 501, para 78; Schmidt v Germany (1994) 18 EHRR 513, 527, para 24; Van Raalte v Netherlands (1997) 24 EHRR 503, 518-519, para 39.

  • R Navarro v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 05 Fevereiro 2014

    I then raised with the Claimant if that is the case, what else can be done to ameliorate the historic discrimination and I am satisfied that there is no other remedy available to him within the British Nationality Act 1981, as amended. He, of course, is no longer a child under 18 and therefore cannot pursue a claim for discretionary registration.

  • Lambert v Lambert
    • Court of Appeal (Civil Division)
    • 14 Novembro 2002

    Whilst I accept Mr Pointer's submission that the judge has a duty to assess each and every one of the section 25(2) criteria that bear on outcome and equally that judges of the Family Division have great expertise in making value judgments, I do not accept that the duty requires a detailed critical appraisal of the performance of each of the parties during the marriage.

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Legislation
  • Equality Act 2010
    • UK Non-devolved
    • 01 de Janeiro de 2010
    ...... and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable ... . age;. . . disability;. . . gender reassignment;. . . marriage and civil partnership;. . . pregnancy and ......
  • Sex Discrimination (Gender Reassignment) Regulations 1999
    • UK Non-devolved
    • 01 de Janeiro de 1999
  • Gender Recognition Act 2004
    • UK Non-devolved
    • 01 de Janeiro de 2004
    ...... 13 Social security benefits and pensions . Schedule 5 (entitlement to benefits and pensions) has effect. S-14 . Discrimination 14 Discrimination . 14 Discrimination . Schedule 6 (amendments of Sex Discrimination Act 1975 (c. 65) and Sex Discrimination (Northern Ireland) ......
  • Equality Act 2006
    • UK Non-devolved
    • 01 de Janeiro de 2006
    ...... the Disability Rights Commission; to make provision about discrimination on grounds of religion or belief; to enable provision to be made about ... . (a) age,. . . (b) disability,. . . (c) gender,. . . (d) proposed, commenced or completed reassignment of gender ......
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Books & Journal Articles
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Law Firm Commentaries
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