CERD concluding observations 2016, paragraph 8
Plain English recommendation
make CERD part of UK and devolved law, and:
(a) Ensure caste-based discrimination is banned by immediately bringing into force section 9(5) (a) of the Equality Act 2010. Ensure victims can access effective remedies, in line with UN advice on descent.
(b) Ensure equality laws across the UK protect victims of dual or multiple discrimination (including by bringing into force section 14 of the Equality Act 2010 on dual discrimination), in line with UN advice on gender dimensions of racial discrimination.
(c) The Northern Ireland Government should promptly adopt comprehensive laws banning racial discrimination.
Original UN recommendation
The Committee recommends that the State party ensure that the principles and the provisions of the Convention are directly and fully applicable under domestic law in England, Northern Ireland, Scotland and Wales, as well as in the overseas territories and Crown dependencies. In particular, the State party should:
(a) Invoke section 9 (5) (a) of the Equality Act 2010 without further delay to ensure that caste-based discrimination is explicitly prohibited under law and that victims of this form of discrimination have access to effective remedies, taking into account the Committee’s general recommendation No. 29 (2002) on descent.
(b) Taking into account the Committee’s general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, ensure that equality legislation in all jurisdictions of the State party provides effective protection to victims of dual or multiple discrimination, including, in the case of England, Scotland and Wales, by bringing into force section 14 of the Equality Act 2010 on dual discrimination.
(c) Ensure that the authorities of Northern Ireland act without further delay to adopt comprehensive legislation prohibiting racial discrimination, in accordance with the provisions of the Convention.
Date of UN examination
UN article number
1 (definition of discrimination), 2 (general obligations)