From: "BRIAN DEMPSEY" <elu9441@srv0.law.ed.ac.uk>
Date: Tue, 16 Jul 1996 14:54:01 +0000
Subject: *QL*: A Claim of Right - [Scotland]

Outright Scotland's _A Claim of Right_ was launched before 
the press on 15/7/96 at the Glasgow Gay and Lesbian Centre.  
The text of the document is given below - comments are welcome.

__________________page one______________
A CLAIM OF RIGHT 

A Claim of Right by lesbians, gay men and bisexuals in Scotland

Outright Scotland campaigns for continuing changes in Scottish society, 
its laws and institutions so that discrimination against lesbian, gay, 
bisexual and trans-gendered people is eradicated.  
_A Claim of Right_ is part of _EQUALITY 2000_, a continuing 
campaign by Outright Scotland.  For membership and all other enquires 
please contact us at 58A Broughton Street, Edinburgh, EH1 3SA.

__________________page two _____________
This document sets out the demand for equality of treatment for lesbians,
 gay men and bisexuals with a view to the probable setting up of a Scottish 
Parliament after the next general election.  The principles contained 
should not, of course, apply only here and we would commend them to all 
people concerned with ending prejudice.  We will continue to work for 
equality with other groups and individuals throughout the world.
 We are inspired by the growing respect for our human rights across the world.  
>From Canada to Australia, South Africa to Ireland there have been a number 
of significant gains for equality.  Many European countries, including 
Spain, Norway and the Netherlands, are currently using law reform to 
improve the rights of their lesbian, gay and bisexual citizens.
 The reality of anti-gay legislation and of everyday prejudice casts a pall over 
all our lives in Britain.  Outright Scotland welcomes all moves to eliminate 
prejudice, whether these are specific to Scotland, or relate to the UK as a 
whole.  We take our place among the many organisations which support the work 
of the Scottish Constitutional Convention.  
 We believe that it is essential to have, in whatever form, protection of 
human rights enshrined in Scots law.  We will work with all other groups 
who support the principle of equality for all who live and work in Scotland. 
 Many unions, employers, churches, local authorities and other important 
groups recognise the damage done to all of society by prejudice and hate.  All 
major political parties in Scotland and in the UK support equality of 
treatment and opportunity for all people with the exception of the 
Conservatives.  While this level of support has to be built upon and made 
concrete it is an encouraging sign for the future of an egalitarian Scotland.  Even 
within the Conservative Party there are a growing number of voices 
raised against prejudice and bigotry.
 Lesbians, gay men and bisexuals will continue to play a part in all areas of 
society just as we have done in the past.  We insist upon the recognition of 
our rights as well as of our responsibilities and will accept nothing less than 
equality.  
 This document represents what we believe is needed for recognition of our 
human rights - we commend it to you.
Outright Scotland 
Edinburgh May 1996

____________________page three________________

Outright Scotland calls on all parties to support the inclusion of this 
Draft Article in any Bill or Charter of Rights and Freedoms.


EQUALITY ARTICLE
All persons are equal before the law and are entitled 
without any discrimination to the equal protection of the 
law.

The equal protection of the law and the enjoyment of the 
rights set out this Bill (or Charter) of Rights and Freedoms 
shall be secured without discrimination on any ground such 
as actual or perceived sex, race, colour, language, 
religion, political or other opinion, national or social 
origin, association with a national minority, property, 
birth, sexual identity or orientation, disability, age or 
other status.

This Article shall not preclude any law, programme or 
activity that has as its object the amelioration of 
conditions of individuals or groups disadvantaged on any of 
the grounds listed in this Article.  Neither shall it 
preclude any different services or entitlements based on 
special needs or genuine occupational qualifications.

[Note - This draft Article is based on Article Nine of the Scottish Council 
for Civil Liberty's _A Bill of Rights for Scotland_.  That in turn is based on a 
number of sources including the European Convention on Human Rights, the 
International Covenant on Civil and Political Rights, the Canadian Charter 
of Rights and Freedoms and UK anti-discrimination legislation.]

_______________________page four____________________

IMPLEMENTATION
It shall be unlawful to discriminate against a person, or 
group of persons,

a) in any circumstances whatsoever including laws and 
practice concerning employment, partnership, housing, 
education, health-care, censorship, political asylum, child 
custody, immigration, fostering and adoption, military 
service, donor insemination, government and judicial 
administration, and the provision of goods and services; and

b) on any grounds including actual or perceived sexual 
identity or orientation, sex or gender, race, national or 
social origin, religion, language, political opinion or 
belief, age, disability, HIV status or other medical 
condition.

All persons suffering discrimination shall be entitled to 
legal redress, including the restitution of their rights and 
compensation.

[Note - The implementation text is based upon Peter Tatchell's draft European 
anti-discrimination directive in _Europe in the Pink_ Gay Men's Press 1992] 


Action
Where can you raise this demand for equality for all?
You can make your views known to your MP, your MEP, and your local 
councillor.  Find out their opinion on equality.  When you get a response, 
tell Outright Scotland.
If you are a member of a trade union, ask your branch to support the equality 
demand and request that this support is communicated to your local Trades 
Council and to the STUC in Glasgow.
 Other important bodies who can support this Claim of Right include religious 
groups, student associations, community councils and political party branches.
 Finally, letters to local and national newspaper editors help to show that the 
Claim of Right has broad support in the community at large.



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