Abstract
Contents
Outside the Equality Act: Non-standard protection from discrimination in British law
‘Inequality in Equality’ in the EU equality directives: A friend or a foe of more systematized relationships between the protected grounds?
From Navas to Kaltoft: The European Court of Justice's evolving definition of disability and the implications for HIV-positive individuals
Culture, morality and the law: Nigeria’s anti-gay law in perspective
Editorial 15(4)
In this issue, James Hand analyses protection from discrimination for activities which are not covered by the Equality Act 2010, notably political affiliation and activities, including membership of trade unions and political groups and past misbehaviour. Hand discusses the implications of the Redfearn case, where a minibus driver was dismissed for being a member of the British National Party, which raised questions regarding his right to freedom of association. The UK government responded by amending the relevant employment law, but Hand questions whether it would be better to revise the Equality Act itself to broaden the range of protected characteristics. Although the Act was intended to harmonize different anti-discrimination statutes and simplify discrimination law, he argues that given these gaps, it may need to be revisited.
Paivi Neuvonon considers how the EU Equality Directive reconciles potential conflicts between protected grounds and the conflicting aims of integration and diversity within a multidimensional anti-discrimination regime. Modern anti-discrimination law, as Neuvonon notes, tries to reconcile an increasing number of protected grounds with the idea that all grounds are equally valuable but faces problems in treating all grounds alike. Neuvonen highlights the need for further research and debate on how to reconcile integration and diversity in a way that does not unfairly privilege some protected identities over others.
Peter McTigue questions whether the definition of disability used by the European Court of Justice for the purposes of the Employment Equality Directive is adequate for bringing people living with HIV/AIDS (PLHA) within its scope. He notes the lack of a clear consensus between states on whether PLHA should be defined as disabled and the continuing discrimination and stigma they face. He also argues strongly for a social rather than a medical model of disability in developing the relevant law and to provide enhanced protection.
Adetoun Adebanjo discusses the impact of the Nigerian Same-Sex (Prohibition) Act on the gay community, in legitimizing violence against them and the implications for Nigeria’s international human rights obligations. The Act prohibits civil unions and marriage between same-sex partners and renders void those made outside Nigeria. It also prohibits public displays of affection, gay clubs and associations. Homosexuality was already prohibited before the Act and punishable by imprisonment, and in the Northern states where Sharia law applies, penalties include stoning. But the prior law had not specifically addressed the issue of same-sex marriage. Adebanjo argues for repeal or at least modification of the Act to uphold lesbian, gay, bisexual and transgender rights. He notes that the Act received widespread public support and that this is a problem throughout Africa, with the exception of South Africa, whose Constitution recognizes and protects gay rights.