Social Inclusion, Integration and Citizenship

Race Relations Legislation

The Race Relations Acts provide protection from direct and indirect discrimination on racial grounds in the UK. The legislation applies in employment, housing, planning, education and the provision of goods and services. Racial discrimination is legally defined as being treated less well due to race, colour, nationality, ethnic or national origin. Under the 1976 Race Relations Act the Commission for Racial Equality (CRE) was set up and tasked with monitoring and enfrcing the legislation.

Race Relations (Amendment) Act 2000

The Race Relations (Amendment) Act 2000 added to the framework of protection. It places on a statutory duty on public authorities to promote race equality. So public authorities are required to:

• eliminate unlawful discrimination
• promote equality of opportunity
• promote good race relations between persons of different racial groups

.The amendment legislation came into force in 2002. Since then implementation of the race equality duty by public authorities has been patchy according to an Audit Commission report in 2004. The CRE has also been critical of the time taken by government departments to make race equality a reality. Its final move before its dissolution in October 2007 was to 'name and shame' 15 government departments that had failed to implement the duty and plan leagl action against them.

The EU Employment Equality Regulations 2003

The Employment Equality Regulations 2003 stem from the EU anti-discrimination directives. The regulations outlaw discrimination in employment and vocational training on the grounds of sexual orientation and religion or belief. They apply across all organisations in the spheres of employment and education. The religion and belief regulations prohibit discrimination, harassment or victimisation for reasons of actual and imputed religion or belief. The sexual orientation regulations do the same on the grounds of sexual orientation.

The scope of the regulations is less wide-ranging than that of the rece relations legislation. Their application is confined to employment and education.

Incitement to Racial and Religious Hatred Act 2006

This Act amends the Public Order Act 1986 extending protections against incitement to racial hatred to cover religious hatred. The Act comes into force in October 2007 and carries a maximum 7 year imprisonment and an unlimited fine. Incitement is defined narrowly under the Act and applies only to attempts to stir up violence and hatred while allowing for disapproval, dislike and diagreement of religious views to be lawfully expressed.

Equality Act 2006

The Equality Act establishesa single equalities and human rights body the Commission for Equality and Human Right (CEHR). The Act :

• intorduces a gender equality duty which will require public authorities to promote gender equality and eliminate sex discrimination;
• outlaws discrimination on grounds of religion or belief in providing goods, facilities or services, the disposal and management of premises, education and the exercise of public functions.
• provides a power under which the Secretary of State may make regulations that prohibit sexual orientation discrimination (including harassment) in the provision of goods, facilities and services, and in the execution of public functions.

For more information see:

The CRE website on the Race Relations Acts

The CRE website on the Race Relations (Amendment) Act 2000 here

The Employment Equality (Religion or Belief) Regulations 2003 here

The Employment Equality (Sexual Orientation) Regulations 2003 here

The Equality Act 2006 here and an overview of the Act on the CEHR website