Originally posted here.
Sex Discrimination Act 1975
Summary: The Sex Discrimination Act 1975 ("SDA") prohibits sex discrimination against individuals in the areas of employment, education and the provision of goods, facilities or services as well as in the disposal or management of premises. No specific mention is made of discrimination with respect to the provision of healthcare services but the statute clearly bans discrimination in the provision of "goods, facilities or services," which is defined to include "any services of any profession or trade." It would, therefore, implicitly include healthcare. This statute applies to England as well as to Wales and Scotland.
The Race Relations Act 1976, Ch. 74, section 1, and Race Relations Act 1976 (Amendment) Regulations 2003 No. 1626 (effective July 19, 2003):
Summary: The Race Relations Act 1976 obliges all institutions delivering healthcare to promote race equality across all their activities, including service provision. Discrimination under the Act is defined as where a person treats another less favorably or applies a requirement not equally applied to others based on racial grounds. In the instance of healthcare, the Act also prohibits discrimination where a person applies a provision, criterion or practice equally, but even the equal application of the provision disadvantages another, and the person discriminating cannot show the provision to be a proportionate means of achieving a legitimate aim.
Race Relations (Amendment) Act 2000
Summary: The Race Relations (Amendment) Act 2000 came into force on April 2, 2001 and it amends the Race Relations Act of 1976. The 2000 Act places a general duty on all public authorities (named in Schedule 1A of the Race Relations (Amendment) Act and including the England & Wales NHS (as well as the Scotland NHS)) to promote race equality and eliminate unlawful racial discrimination. This duty covers all aspects of an organization’s activities, policy and service delivery, as well as employment practice. In everything they do all public bodies must aim to: 1. eliminate unlawful racial discrimination; 2. promote equality of opportunity; and 3. promote good relations between people of different racial groups.
Adoption Act 1976
Summary: While not precisely aimed at discrimination to access of health care, the Adoption Act makes it unlawful for a public authority to subject a person to harassment in the course of carrying out any functions of the authority, which consist of the provisions of health care.
Disability Discrimination Act (1995 and 2005)
Summary: The Disability Discrimination Act (1995 and 2005) ("DDA") prohibits disability discrimination in access to public goods, facilities and services among other areas. There is no specific reference to healthcare. However, the Act bans discrimination against persons with disabilities with respect to services provided to members of the public. The DDA was originally passed in 1995 and was amended in 2004 and 2005.
Disability Rights Commission The Disability Rights Commission was established by the Disability Rights Commission Act of 1999 to work toward the elimination of discrimination against persons with disabilities, to promote the equalization of opportunities for persons with disabilities, to take steps it considers appropriate to encourage good practice in the treatment of persons with disabilities and to review and work with the Disability Discrimination Act. The Commission may also investigate instances of discrimination. For more information on the Disability Rights Commission, visit their website: http://www.drc-gb.org/
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