Legislation

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Legislation on Disability Rights: Key Acts and Protections

Overview of Relevant Legislation

Several pieces of legislation are crucial for understanding disabilities and the rights of affected individuals. Key laws include the Equality Act 2010, the Human Rights Act 1998, the UN Convention on Disability Rights, and the Health and Safety at Work Act 1974.

The Equality Act 2010

The Equality Act 2010 consolidates nine separate pieces of legislation into a single act. It simplifies and strengthens the law to combat discrimination and inequality. Previously, separate laws protected individuals; the Equality Act unifies these laws and establishes protected characteristics to shield individuals from discrimination.

Protected Characteristics

The following characteristics are protected under the Equality Act 2010:

  • Race: Defined as a category of humankind that shares certain distinctive physical traits. Ethnicity is broader, classing groups of people according to a common racial, national, religious, tribal, or cultural background.
  • Sex: Defined by physiological and biological characteristics that classify humans as male or female.
  • Sexual Orientation: Protection against discrimination for being lesbian, gay, bisexual, or heterosexual.
  • Disability: Protection against discrimination due to disability or related conditions.
  • Religion or Belief: Protection for belief in a religion's central tenets or the acceptance that something is true and exists.
  • Gender Reassignment: Protection for individuals undergoing, proposing, or having completed gender reassignment, also known as transsexuality.
  • Pregnancy and Maternity: Ensures fair treatment and reasonable adjustments to working conditions for those who are pregnant or have just had a baby.
  • Marriage and Civil Partnership: Protection against discrimination at work or during work training.
  • Age: Protection against discrimination at work or during work training.

The Human Rights Act 1998

The Human Rights Act 1998 incorporates the rights contained in the European Convention on Human Rights (ECHR) into UK law, providing further protections for individuals, including those with disabilities.

UN Convention on Disability Rights

The UN Convention on Disability Rights aims to protect and promote the rights and dignity of persons with disabilities on an international scale, influencing national laws and policies.

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 ensures employers provide a safe working environment, which is particularly important for employees with disabilities, requiring reasonable adjustments and considerations for their safety and wellbeing.