Article 14 of the Human Rights Act prohibits discrimination in the application
of human rights. While this article doesn’t give a free-standing right to
non-discrimination, it does require that all the other rights in the Human
Rights Act be secured without discrimination. This means, for example, that
protection against torture
does not apply only to people of certain faiths; your right to liberty does not
depend on your nationality; the right to protest
does not depend on your political views.
Discrimination can be both direct and indirect. Direct discrimination – which we
are all most likely to be more aware of - occurs when a person is treated less
favourably than others on the basis of their race, ethnicity, nationality,
disability, age, gender, sexual orientation, marital status etc. Less familiar,
but just as important, is indirect discrimination - this can occur when a person
applies policies and criteria that, while not discriminatory on their face, have
a discriminatory effect.
For example, Aberdare Girls School’s blanket no jewellery policy meant
that Sarika Singh was excluded from school for wearing the kara (a plain single
bangle widely accepted as a central tenet of the Sikh race and religion).
not the case that all discrimination breaches Article 14 – but there must be an
objective and reasonable justification for the discriminatory law or treatment
to be lawful. It must be to pursue a legitimate aim and the measure taken must
be a proportionate way to achieve that aim. However there would need to be
particularly weighty reasons to justify discrimination on certain grounds such
as race or gender.
Article 14 is probably a right that many of us take for granted - but we should never forget how important it is. Protection from discrimination is one of the most fundamental human rights without which many other rights would be meaningless.