British Case Law and Wider International Debate - Essay Example

? Unit Introduction The British case-law and wider international academic debate was the last measure that was enacted under the government of labour which lost office in May 2010, in U.K. It is also a result of 14 years campaign by human rights and equality specialists. This Act covers Great Britain matters on equality powers and has continued to fight for legislation anti-discrimination instead of a single act. This is because of power-sharing disagreements in the government. The equality law has failed since it has only produced a collision between competing equality strands. However, there must be better ways of resolving conflicts between faith-based and sexuality- based equality rights. In this regard, this essay will expound on equality law failure having produced collision between competing equality strands and better ways of resolving conflicts between-faith based and sexuality-based equality rights, in reference to the British case-law and wider international academic debate. British case law and wider international debate The British case law adopts an integrated and unitary perspective of equality law which in enforced by the commission. It also clarifies various definitions of victimization, discrimination and harassment which it applies as well as expands positive duties on public authority in terms of authority. Therefore, equality law having in reference to the new single equality Act in Britain. It will also base on the struggles outcome between competing ideologies and different interest groups. The first generation of British was under formal equality, where it demanded “that likes must be treated alike”. 1965 Act on race Relations was a response by the labour Government among other members of Campaign against Racial Discrimination that came up to fight for equal rights. Evidence to be used in this section will be (Sex discrimination Act 1975 &Equal Pay Act 1970). Equality and Diversity This part will examine the competing interests and conflicts in the context of equality and diversity. It will also expound on discrimination laws on sex and race which will include identity, belief, religion, gender and sexual orientation, which has made diversity and equality, is an important issue. Additionally, the increase of equality and diversity is significant in the sense that it raises questions of conflicts with human rights commission. In this subtopic, the essay will set out general principles, as well as an approach to policy and equality law conflicts. Evidence to be used will be Equality Act 2006 and recent Equality Act 2010 which has established a less or more cross-ground legislative comprehensive framework which forbids discrimination on basis of protected characteristics. This will also include some of the grounds that are covered under the European Law. Power sharing disagreements Power sharing disagreements have evolved quickly within a short episode of time. This subtopic will argue on the ground that power should be shared on both sexes. This issue has imposed a huge debate on courts in regard to British case law and wider international debate which does not contain any direct protection against power sharing agreements. However, it aims at achieving modernization, harmonization and simplification on equality law. This is in relation to several principles that declare the right to equality in all sexes and equal protection in terms of discrimination regardless of sex. The state gives a full effect on the right to equality in all its activities. Additionally, there must be no hierarchy of equality. The law does not expect women and disabled people to be treated the same way as men. Evidence will be from Discrimination Act of 2008 , British Act. Discrimination challenges Every individual has a right to treated equally and fairly. This sub-topic will explain some of the challenges that indiscrimination offers in reference to the right of individuals to fight for compensation in case of unlawful discrimination in tribunal and industrial courts. Following Act 1976 on new Race Relations and Equal opportunities Commission was formed in order to undertake discrimination enforcement to help such individuals. New Race Relations Act 1976 will be the evidence to be used. To add to this, Disability Discrimination Act 1995 will also be evidence because it sheds some light on discrimination based on disabled people and the challenges they face. This act protects such individuals. Approach on Problem solving Problem solving presents the problem of conflicts in both policy and equality law which are intractable and widespread. High media coverage is said to have contributed to such image, but a number of ways have been intractable and vast conflict between groups and individuals which even exaggerates the problem more. This is because equality law failure has produced collision between competing equality strands and better ways of resolving conflicts between-faith based and sexuality-based equality rights. This is because the law only deals with multiple discrimination. It only recognizes direct and indirect discrimination. Evidence to be used is Declaration of Principles on Equality Act. Ways of resolving conflicts There are other ways of solving conflicts between faith based and sexuality-based equality rights. Equality law failure has produced collision between competing equality strands and better ways of resolving conflicts between-faith based and sexuality-based equality rights. Therefore, there should be other ways of solving conflicts than what British case-law and wider international academic debate stands for. (Declaration of Principles on Equality Act). Conflicts have been exaggerated in both policy and equality law. This subtopic will summarize better ways of solving conflicts in terms of gender equality. Conclusion In summary the essay on the equality law has failed since it has only produced a collision between competing equality strands. However, there must be better ways of resolving conflicts between faith-based and sexuality-based equality rights will expound on the topic in reference to British case-law and wider international academic debate. The British case law adopts an integrated and unitary perspective of equality law which in enforced by the commission. The essay will expound on relevant topics like; British case law and wider international debate, Power sharing disagreements, Discrimination challenges, Approach on Problem solving and ways of resolving conflicts. British case-law and wider international academic debate has failed to produce a collision between competing strands will be explained in terms of equality law. Bibliography Hepple, B. 2010. "The New Single Equality Act in Britain." The Equalities Rights Review 5. Spencer, S. 2008. "Equality and Human Rights Commission: A Decade in the Making." The Political Quarterly 79 (1): 6-16. Conaghan, J. 2007. "Intersectionality and UK Equality Initiatives." South African Journal of Human Rights 23 (2): 317-334. Maleiha Malik, “‘From conflict to cohesion’: competing interests in equality law and policy” A paper for the Equality and Diversity Forum 2008 http://www.edf.org.uk/blog/wp-content/uploads/2009/02/competing-rigts-report_web.pdf Read More