A/HRC/41/54/Add.2 II. Law and policy governing racial equality A. Legal framework 5. The United Kingdom of Great Britain and Northern Ireland is a State party to the International Convention on the Elimination of All Forms of Racial Discrimination and to other international and regional human rights treaties that enshrine the principles of equality and non-discrimination.2 By ratifying these instruments, the United Kingdom has accepted legally binding obligations to respect and ensure racial equality and to uphold the right of all persons to be free from racial discrimination. 6. The United Kingdom has not fully incorporated the International Convention on the Elimination of All Forms of Racial Discrimination into domestic law (CERD/C/GBR/CO/21-23, para. 7) but it has adopted two overarching laws central to the implementation of its human rights, equality and non-discrimination obligations. The Human Rights Act 19983 incorporates the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) into national law, such that this treaty’s provisions are justiciable in United Kingdom courts. Article 14 of the Act prohibits any form of discrimination in the enjoyment of rights and freedoms set out in it, including on grounds of “sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”.4 The Equality Act 20105 is a broad anti-discrimination law that prohibits various forms of discrimination, harassment and victimization in the workplace and in wider society. Pursuant to its article 9, race is one of the nine protected characteristics; race is defined as including colour, nationality, citizenship,6 and ethnic or national origin. 7. In conformity with the definition of racial discrimination in article 1 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination, the Equality Act not only prohibits intentional or purposeful discrimination but also de facto or unintentional discrimination. 7 As such, the United Kingdom has made a commitment to racial equality that goes beyond a concern only with explicit prejudice or racial animus. Instead, its legal commitment extends to include prohibition of policies and practices that result in differential or disparate effects on the basis of race, ethnicity, national origin, gender and other protected categories even in the absence of explicit prejudice. United Kingdom law directly governing racial equality thus provides a firm basis for tackling structural and institutional forms of racism. 8. Section 149 of the Equality Act stipulates a “public sector equality duty” 8 that requires public bodies to have due regard for the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities. Notably, this public sector equality duty is qualified in its application to immigration law and policy and their enforcement, which is a significant shortcoming. 9 9. The Special Rapporteur notes with concern that the Equality Act does not apply to Northern Ireland, where a comprehensive anti-discrimination law has yet to be adopted. Instead, Northern Ireland prohibits racial discrimination under the Race Relations (Northern 2 3 4 5 6 7 8 9 https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=185. See, e.g., the International Covenant on Civil and Political Rights, arts. 2 (1) and 26; the International Covenant on Economic, Social and Cultural Rights, art. 2 (2); and the Convention on the Elimination of All Forms of Discrimination against Women, art. 1. The Act applies throughout the United Kingdom of Great Britain and Northern Ireland. www.equalityhumanrights.com/en/human-rights-act/article-14-protection-discrimination. The Act applies in England, Wales and Scotland. See www.gov.uk/guidance/equality-act-2010guidance and www.equalityhumanrights.com/en/equality-act. The Government of the United Kingdom has clarified that nationality is understood to include citizenship (CERD/C/GBR/21-23, para. 3). See article 19 (prohibiting indirect discrimination). www.equalityhumanrights.com/en/advice-and-guidance/public-sector-equality-duty. www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/35. 3