Date: Sat, 28 Mar 1998 20:56:57 +0000
From: jgh <jgh@intonet.co.uk>
Subject: OutRage! amendments to U.K. Human Rights Bill

      Amendments to outlaw discrimination against gay people and people with
HIV are being proposed by OutRage! 

      The proposed amendments are to the Human Rights Bill, which is
currently going through Parliament. 

      If amended to include an explicit ban on discrimination based on
sexual orientation, this Bill would do more for gay equality than any other
single legislative reform.

      It would enable many different forms of homophobic discrimination to
be overturned in the British courts. The gay-only offence of gross
indecency, for example, would be declared illegal.

      OutRage! is extremely concerned that few lesbian and gay organisations
seem to realise the huge potential benefits that would result from a
successful amendment of the Human Rights Bill. 

      We plan to get a backbench MP to table an amendment, hopefully with
Government supportt. Unfortunately, most other gay groups, including
Stonewall, seem to be doing very little. We would appreciate their support.

      The Human Rights Bill incorporates the European Covention on Human
Rights (ECHR) into UK law. It will enable violations of the Convention to be
overturned in the British courts, without the need for lengthy and expensive
appeals to the ECHR in Strasbourg. 

      The European Convention does not explicitly prohibit discrimination
based on sexual orientation or medical status. This means that the
incorporation of the Convention into UK law may not be sufficient to protect
lesbians, gay men, and people with HIV against unequal treatment. 

      It all depends on how judges choose to interpret the Convention's
crucial anti-discrimination clause, Article 14. In the past, they have
decided that Article 14 does not outlaw discrimination on the grounds of
sexual orientation.


      A copy of the Human Rights Bill amendment follows. 


Proposed amendment by OutRage!

Introduction

1.-(3) 
(a) Article 14 of the Convention shall be interpreted to prohibit any form
of discrimination on any grounds whatsoever, including but not limited to
the grounds set out in Article 14 and to the grounds of age, disability,
sexual orienation and medical condition. 

Explanation

1. The European Convention of Human Rights was drafted half a century ago,
when there was very little acknowledgement of the rights of the disabled,
lesbians and gay men and other excluded social groups. It needs modernising.
The Human Rights Bill should be amended to guarantee explicitly equal
treatment and non-discrimination to everyone. 

2. The European Commission and the Court of Human Rights have often
interpreted the non-discrimination provisions of Article 14 as being limited
to the stated grounds when, in fact, Article 14 is meant to be read as
comprehensive and all-inclusive. To remedy this misinterpretation of Article
14, the Human Rights Bill needs to make explicit Article 14's prohibition of
all forms of discrimination, including very obvious omissions such as age,
disability, sexual orientation and medical condition. 

3. Age, disability and sexual orienation are straightforward. The insertion
of the term medical condition is in order to prohibit discrimination against
people with illnesses such as HIV/AIDS, and against people on the basis of
their genetic make-up, (a likely area of serious discrimination in
employment and insurance, unless it is outlawed). 

4. This amendment does not amend the European Convention of Human Rights. It
amends the Human Rights Bill. Moreover, it is merely interpretive,
attempting to ensure that Article 14 is interpreted in the comprehensive,
all-inclusive manner that was originally intended by the drafters of the
Convention. 

Further Information: PETER TATCHELL, Tel. (+44)-171 403 1790

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Please feel free to disseminate this message in furtherance of equality.

A copy of this press release may be found on
        http://www.OutRage.cygnet.co.uk/HumanRig.htm

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Reminder:

        The first meeting of the U.K. Equality Standing Forum will be
on Saturday, 4th April, at 1:30 p.m. at Conway Hall, Red Lion Square, London
WC1, (Holborn tube).
To register, please contact Ian Farmer, (coordinator): 0171-231 5183 (evenings).

        If you are a member of a U.K. group which has not yet registered,
bring this to their attention, and find out why they haven't.

Further details:  http://www.OutRage.cygnet.co.uk/FUKQ.htm

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