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Such, persons have to envisage discriminatory policies and practices, on account of their health problems and disabilities. This discrimination can be witnessed amongst people suffering from neglected diseases, such as leprosy, lymphatic filariasis and leishmaniasis 1. These diseases cause physical disabilities and physical deformities to the persons who have been infected with them.
Diseases like HIV/ AIDS, cause greater anxiety among the members of society. Consequently, those who suffer from such diseases are stigmatised to a greater extent, in respect of their right to health2.
Such individuals are commonly subjected to discriminatory practices at their workplace. Moreover, these people may find it difficult to access education and health care. This situation persists in both the public and private sectors; and women who are afflicted with these neglected diseases are more prone to undergo social discrimination and stigma3.
The Disability Discrimination Act 1995 prohibits any sort of discrimination against disabled persons. Under the provisions of the Disability Discrimination Act, discriminatory policies and practices have been deemed to be illegal. This Act prohibits discrimination in employment and promotion opportunities. In addition, employers should not dismiss or subject disabled persons to any disadvantageous situation in the course of their employment. Therefore, employers in the public, as well as the private sector are required to comply with the provisions of the Disability Discrimination Act4.
In the UK, apart from the DDA, there are a number of other statutes and regulations that deal with disability. These are the Disability Discrimination (Meaning of Disability) Regulations 1996 (SI 1996/1455), the Disability Rights Commission Act 1999, the Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003 (SI 2003/ 712), the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (SI 2003/ 1673), the
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Under the EU law, a “direct effect” action is available for union citizen. Direct effect is a principle under EU law by which Union Citizens can bring action within their own Member State instead of as above whether or not the Member State has transposed the directive into its national law.
The researcher compares employment procedures of the USA and UK. The important difference between the USA and the UK employment procedures are that in the UK an employer cannot fire an employee at will. They believe that the relationship between the employer and the employee is always contractual in nature whether written contract between the employer and the employee exists or not.
The idea behind the anti discriminatory laws to provide equal and just treatment to every one residing in the UK without taking into consideration their cultural, social and economical background, physical appearance or religious beliefs whatsoever he or she has to perform.
Thus, the safeguarding the individual rights emanating from the Community law has received very little significance as yet. Hence, the Court of Justice is belligerent to break these inherent ambiguities of the Treaty all these years.
According to Article 101 of the Treaty of European Union, there is a duty imposed in every Member State to adopt necessary evaluations and regulations in order to make sure that provisions in the Treaty are well imposed along with the incidental duty of avoiding any acts and implementing any laws that will jeopardize the realization of the objectives of the Treaty.
This has far reaching effect not only on the economic policy making of the member countries but also on their political and legal systems. Common policy implementation requires great political integration of the various member states.
The important distinction between services and establishment is that ‘establishment’ is in respect of an act which is undertaken on a ‘stable and continuous basis’ which is pursued in another Member State, on the other hand services are not permanent in nature. The act falling in the aforementioned depends on ‘duration, regularity, periodicity and continuity of the provision of the services’.