General legal framework

• Author: Vickers, Lucy
• Pages: 12-12

12

1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the promotion of equality

The UK constitution is unwritten and so by definition contains no articles dealing with non-

discrimination.

The Human Rights Act 1998,7 however, partially incorporates the European Convention on

Human Rights (ECHR) into d omestic law , an d by so doing gives Article 14 ECHR quasi-

constitutional force. Public authorities can only act contrary to that provision if required by

primary law so to do, with a very strong interpretive obligation applying to the courts in

their interpretation of such legislation, whil e the devolved Parliam ents in Scotland, Wales

and Northern Ireland may not pass legislation incompatible with the Convention nor may

their governments act incompatibly wit h Convention rights. The provisi ons of the Human

Rights Act cannot be enforced against private individuals (althoug h they can be enforced

against the state).

7 Human Rights Act 1998, 09.11.1998, available at: www.legislation.gov.uk/ukpga/1998/42/contents.