Unjustifiable Indirect Discrimination

HL Deb 10 January 2000 vol 608 c79WA

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the concept of non-discrimination, protected by the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention for the Elimination of Discrimination Against Women, forbids unjustifiable indirect discrimination as well as direct discrimination by public authorities. [HL442]

Lord Bassam of Brighton

The texts of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention for the Elimination of Discrimination Against Women do not define, prohibit or explicitly refer to unjustifiable indirect discrimination. The case-law is sparse and open to interpretation. However, taken with relevant General Comments of the enforcement bodies, there are some suggestions that the concept of non-discrimination in these instruments may, to some extent, include some forms of unjustifiable indirect discrimination.