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other law
This page points to some overseas anti-discrimination legislation
and international agreements.
It covers -
Particular
enactments are discussed in more detail in pages relating
to online Accessibility,
politics and Hate Speech,
and debate about free speech and Censorship.
New Zealand
In New Zealand the keystone enactments are -
Bill
of Rights Act 1990 (BRA)
Human Rights Act 1993 (HRA)
and
the Treaty of Waitangi.
Canada
Canada has a package of federal and provincial legislation
-
Ontario
Human Rights Code (HRC)
Canadian Human Rights Act (HRA)
Canadian Charter of Rights & Freedoms (Charter)
Canadian Bill of Rights
For
the Charter see in particular Christopher MacLennan's Toward
the Charter: Canadians and the Demand for a National Bill
of Rights, 1929-1960 (Montreal: McGill-Queen's Uni Press
2003).
US
The two significant federal Acts are the -
Americans
with Disabilities Act 1990 (ADA)
Hate Crimes Prevention Act 1999 (HCPA)
Several
states have developed complementary or independent legislation.
UK
In the UK the main enactment remains the Disability Discrimination
Act 1999 (DDA),
supplemented by the Special Educational Needs & Disability
Act 2001. They are underpinned by the Human Rights
Act 1998 (HRA),
in line with pan-EU legislation such as the 1950 European
Convention for the Protection of Human Right & Fundamental
Freedoms (PDF),
the ECHR.
Online
aspects are discussed in Martin Sloan's 2001 paper
in the UK Journal of Information, Law & Technology.
There is a broader discussion in Alison Young’s Parliamentary
Sovereignty and the Human Rights Act (Oxford: Hart 2008)
and Making Rights Real: Enforcing the Human Rights Act
(Oxford: Hart 2008) by Ian Leigh & Roger Masterman
European Union
The 1950 European Convention for the Protection
of Human Rights & Fundamental Freedoms is discussed
in AW Brian Simpson's exhaustive Human Rights & The
End of Empire (Oxford: Oxford Uni Press 2002).
The Treaty of Amsterdam for member states of the European
Union makes specific provision for measures against discrimination.
An overview is here.
Article 13 of the Treaty complement existing powers regarding
discrimination against people on the grounds of specific characteristics,
notably Article 141 (gender discrimination), Article 137 (measures
to tackle exclusion from the labour market) and Article 12
(discrimination on the grounds of nationality).
In addition to works cited on the preceding pages of this
profile we recommend the paper
by Philip Alston & J H Weiler on An 'Ever Closer Union'
in Need of a Human Rights Policy: The European Union &
Human Rights and Steven Greer's The European Convention
on Human Rights: Achievements, Problems, and Prospects
(Cambridge: Cambridge Uni Press 2006).
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