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United Kingdom and Northern Ireland

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69
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Country
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1005

Domestic Violence, Crime and Victims Act

The Domestic Violence, Crime and Victims Act of 2004 was enacted to protect victims of crime and specifically domestic violence. It amends non-molestation orders under Family Law Act 1996 to provide a criminal sanction for non-compliance, with a maximum sentence of five years' imprisonment and fines. See Section 1. It amends the Protection from Harassment Act 1997 to allow restraining orders to be imposed upon even acquitted defendants, if the court “considers it necessary to do so to protect a person from harassment by the defendant.” 

Driskell v. Peninsula Business Services & Others

D described, amongst others, how her manager suggested the day before her appraisal interview that, at that discussion, she should wear a short skirt and a low-cut or see-through blouse – the inference being that doing so would further her chances of a favorable appraisal. The EAT held that the “lewd words” acted as a detriment. The Court concluded that the correct approach when dealing with a course of conduct of harassment should be to limit judgment to the finding of all facts that are prima facie relevant.

Dudgeon v. United Kingdom

The applicant was a gay man from Northern Ireland. He filed a complaint with the European Commission on Human Rights claiming that (a) the existence, in the criminal law in force in Northern Ireland, of various offences capable of relating to male homosexual conduct and the investigation into his activities constituted an unjustified interference with his right to respect for his private life, in breach of Article 8 of the Human Rights Convention; (b) he had suffered discrimination, within the meaning of Article 14 of the Convention, on grounds of sex, sexuality, and residence.

Equality Act

This Act is a comprehensive act that replaced several pieces of legislation, including the Sex Discrimination Act of 1975. In general, The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society, and provides equality provisions, including the following:

Family Planning Association of Northern Ireland v. Minister for Health, Social Services and Public Safety

The Northern Ireland Court of Appeal reversed a trial court dismissal of an application by the Family Planning Association of Northern Ireland (FPANI) seeking a declaration that the Northern Ireland Minister for Health, Social Services and Public Safety acted unlawfully in failing to issue advice and/or guidance to women of child-bearing age and to clinicians in Northern Ireland on the availability and provision of termination of pregnancy services in Northern Ireland. 

Female Genital Mutilation Act

The Female Genital Mutilation Act of 2003 restated and amended the law prohibiting female genital mutilation, and further prohibits assistance in mutilation, failing to protect a girl from risk of mutilation, and assistance in transporting girls overseas for the purpose of female genital mutilation. It establishes a maximum penalty of 14 years imprisonment.

Fornah (FC) v. Secretary of State for the Home Department

The appellant arrived in the UK in March 2003, aged 15, and claimed asylum on the basis that she would be at risk of subjection to female genital mutilation if she was returned to Sierra Leone.   The House of Lords held that women in societies who practiced female genital mutilation were 'members of a particular social group' for the purposes of the Refugee Convention and affirmed that FGM was considered a form of torture.  

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