Gender Equality in UK Law

Leading Cases
  • Fawcett Society v Chancellor of the Exchequer
    • Queen's Bench Division (Administrative Court)
    • 06 décembre 2010

    It is perfectly sensible for the government to wait until policy has been adequately formulated for there to be a clear basis upon which its gender equality impact can be assessed. The point at which that is reached is in my judgment very much a question of rationality not of duty. The judgment of whether it has reached that position is in my judgment clearly a matter for rationality and there is no prospect of the government's assessment that it is sensible to wait being shown to be unlawful.

  • James v Eastleigh Borough Council
    • House of Lords
    • 14 juin 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?

  • Lambert v Lambert
    • Court of Appeal (Civil Division)
    • 14 novembre 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.

  • Asfana Lachaux v Bruno Lachaux
    • Family Division
    • 02 mars 2017

    I do accept that the father provided the mother with no financial support; that she was impoverished; and that she was unable to work and survived on charitable handouts and money sent by her family. I do accept that the mother has suffered from depression for a long time and also PTSD resulting from her experiences in Dubai. However neither of these conditions affect her capacity or absolve her from responsibility for her conduct.

  • Fornah v Secretary of State for the Home Department
    • House of Lords
    • 18 octobre 2006

    FGM may ensure a young woman's acceptance in Sierra Leonean society, but she is accepted on the basis of institutionalised inferiority. As I have said, FGM is an extreme expression of the discrimination to which all women in Sierra Leone are subject, as much those who have already undergone the process as those who have not. I find no difficulty in recognising women in Sierra Leone as a particular social group for purposes of article 1A(2).

  • R (on the application of Brown) v Secretary of State for Work and Pensions, (Royal Mail Group Ltd and Post Office Ltd (Interested Parties); Equality and Human Rights Commission (Intervening))
    • Queen's Bench Division (Administrative Court)
    • 18 décembre 2008

    Secondly, the “due regard” duty must be fulfilled before and at the time that a particular policy that will or might affect disabled people is being considered by the public authority in question.

  • PO (Trafficked Women)
    • Asylum and Immigration Tribunal
    • 13 janvier 2009

    (c) In the absence of evidence that a trafficked victim has been trafficked by an individual, it should be borne in mind that it is likely that the trafficking will have been carried out by a collection of individuals, many of whom may not have had personal contact with the victim. One might, for example, be a photographer who takes the photograph which is used within the victim's passport, whether or not the passport is a genuine one.

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Legislation
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Books & Journal Articles
  • Federalism and Gender Equality
    • Nbr. 46-4, December 2018
    • Federal Law Review
    Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the...
  • Positive Duties and Gender Equality
    • Nbr. 8-1-2, December 2005
    • International Journal of Discrimination and the Law
    The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current...
  • Cross-Regional Support for Gender Equality
    • Nbr. 29-2, March 2008
    • International Political Science Review / Revue internationale de science politique
    Postmaterialists argue that citizens' values change when economic development expands educational opportunities. In modernized societies, people embrace postmaterialist values such as self-expressi...
  • Freedom of Religious Expression and Gender Equality: Sahin v Turkey
    • Nbr. 69-3, May 2006
    • The Modern Law Review
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Law Firm Commentaries
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Forms
  • Chapter DMBM510170
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Diversity & Equality and personal contact. Diversity is an important part of our culture and ... favourably because of obvious differences, for example age/race/gender. recognising our prejudices and then questioning them before we act or ......
  • Apply to stop a grant of probate by post
    • Court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ......Email contactprobate@justice.gov.uk. Page 4. Equality and diversity questions. (optional). • These are optional questions ...What is your sex?​. Male. Female. Prefer not to say. 12. Is your gender the same as the sex you were registered at birth?​. Yes. No, my gender ......
  • Apply for probate by post if there is not a will
    • Court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ......18. Equality and diversity questions. (optional). • These are optional questions ...What is your sex?​. Male. Female. Prefer not to say. 12. Is your gender the same as the sex you were registered at birth?​. Yes. No, my gender ......
  • Make a claim with others to an employment tribunal
    • Court and tribunal forms
    Includes the refund form for claimants.
    ......I was discriminated against on the grounds of:. age. race. gender reassignment. disability. pregnancy or maternity. marriage or civil ...Page 16. Disability. Caring responsibilites. The Equality Act 2010 defines a disabled person as ‘Someone who has a. physical or ......
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