Home » Our Voice » Discrimination Legislation Resources

Discrimination Legislation Resources

Introduction

DRAFT page: We have designed this page to provide a one stop reference to all the resources and decisions that were made that led to the unanimous approval of the proposals for Discrimination Legislation – July 2020. The timeline is a history.

For the future key dates please go to Key Dates for the Discrimination Legislation progress and phasing

March 2021

P&R budget debate

March 1st, 2021|

phase 1 (we believe is started and not up for debate) Phase 2 is open for debate

Read More…

February 2021

Broad summary of the States progress in realising various Human Rights instruments

February 15th, 2021|

The Human Rights (Bailiwick of Guernsey) Law, 2000, came into full effect in 2006, but, so far, the States has not provided a mechanism to help all citizens to exercise them. Moreover, until recently the States has not had a programme to inform Guernsey residents about their rights. Consequently, people’s general understanding of their rights remains poor.

Fortunately, this situation in improving, with the introduction of the “rights respecting schools” programme in all States’ schools.

GPEG Announce Focus Group

February 10th, 2021|

GPEG set up a focus group to assess discrimination legislation and asking for parties interested in joining the focus group to contact the GPEG team at info@gpeg.org.gg.

Read More:

January 2021

Highlight reports

January 1st, 2021|

The Highlight reports for the Disability, Equality and Inclusion strategy provide an update on the workstreams of the strategy

Read More…

December 2020

Formal extension of CRC to Guernsey and Alderney – Convention on the Rights of the Child.

December 9th, 2020|

The United Nations Convention on the Rights of the Child (UNCRC) has now been formally extended to Guernsey and Alderney.

The convention is the most widely ratified piece of international human rights legislation in history.

Extending the Convention to Guernsey and Alderney has been a priority action for the States since 2005, with the Children and Young People’s Plan stating signing up to the UNCRC as one of its overarching actions in the 2016-2022 plan. The CYPP also saw all Guernsey and Alderney schools achieve the Rights Respecting Schools Awards through Unicef

Read more

October 2020

Commonwealth Parliamentary Association Report on 2020 Election

October 1st, 2020|

The general election of 2020 had a number of firsts one of which was the first time independent election observers had been asked to Guernsey. This report is available here was undertaken by the Commonwealth Parliamentary Association.

The report had 12 recommendations including:

Read More…

July 2020

Historic anti-discrimination law passed in Guernsey

July 17th, 2020|

Guernsey’s politicians have agreed to an historic anti-discrimination law.

The law defends people being discriminated against for their race, disability, sexual orientation, religious beliefs and anyone who provides care or support for a person with a disability.

The Institute of Directors, Chamber of Commerce, international Business Association, Confederation of Guernsey Industry and the Chartered Institute of Personnel Development released a joint statement about the change.

The business groups welcome the Assembly’s decision to approve the proposals for the new discrimination ordinance. We hope to work alongside government and other stakeholders throughout the legislative process to ensure a smooth and successful implementation.

Joint statement

Read More…

ERO watered down to EEOS

July 1st, 2020|

Read More…

Policy proposals for multi-ground discrimination legislation

July 1st, 2020|

The States resolved as follows concerning Billet d’État No XV dated 6th July, 2020

Including adding sexual orientation and religion into Phase 1 (from Phase 2 of 3 phases)

Read More:

Employment & Discrimination Tribunal

July 1st, 2020|

changes to the ERS

Read More…

June 2020

legislation to protect against racial discrimination

June 1st, 2020|

ESS Committee urges deputies to adopt legislation to protect against racial discrimination

Read More…

May 2020

GDA Myth Busters

May 1st, 2020|

Reviews of a number of Myths on discrimination the Jersey law etc

Read More…

March 2020

Proposals for new discrimination ordinance

March 1st, 2020|

The Committee of ESS published proposals for new discrimination legislation which will make it unlawful for employers and service providers to discriminate on the grounds of disability, carer status and race. The Policy Letter outlining these proposals is available here

Read More…

FAQs – Accessibility and the discrimination legislation proposals

March 1st, 2020|

FAQs – Accessibility and the discrimination legislation proposals

Read More…

January 2020

Consultation Findings

January 1st, 2020|

Consultation Findings:
Draft Policy Proposals for Discrimination Legislation

Read More…

November 2019

Discrimination Legislation proposals to be re-focussed

November 1st, 2019|

in light of the feedback received to the public consultation on its draft policy proposals for new discrimination legislation, the Committee has decided to re-focus on the delivery of a reduced set of proposals.

Read More…

July 2019

Citizen Advice report 2019

July 1st, 2019|

Please note that if there is no protection or legislation for discrimination it is rarely reported or seen as the primary issue. (ie might be noted as employment)

Read more here

Equality Conference

July 1st, 2019|

Equality Guernsey delivers the 1st Equality Conference, workshops and resources

Read More…

Public Consultation Transcript

July 1st, 2019|

Draft Proposals for New Discrimination Legislation: Public Consultation Transcript, Monday 15 July 2019

Read More…

List of Proposed Exceptions

July 1st, 2019|

This document lists the proposed exceptions to the rule of non-discrimination

Read More…

Technical Draft Proposals

July 1st, 2019|

Although the detail of these draft proposals may seem complicated, at its heart what we are proposing is simple: everyone in Guernsey should be included and have an equal opportunity to participate in the life of our island

Read More…

Draft policy proposals for consultation

July 1st, 2019|

the Committee published draft policy proposals for consultation on 9th July 2019

Read More…

June 2019

June 1st, 2019|

Future Guernsey – Priority Policy Area update (June 2019)

Read More…

January 2019

review of states statutory provisions, policies, procedures,

January 1st, 2019|

all States service areas reviewed statutory provisions, policies, procedures, rules and criterion used to determine the provision of goods and services to the public in order to identify any necessary exceptions to the proposed discrimination legislation. This exercise is expected to lead to the identification of various issues which will require legislative or operational changes to be made in order to comply with the forthcoming legislation.

Read More…

Disability Review Board

January 1st, 2019|

Read More…

December 2018

Sex Discrimination Ordinance – Summary of Consultation Findings

December 1st, 2018|

As part of the development of new discrimination legislation, the Committee for Employment & Social Security have gathered people’s views regarding the Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 (as amended), Guernsey’s only existing piece of discrimination legislation

Read More…

November 2018

straw man’ model piece of legislation

November 1st, 2018|

Following this agreement, the ESS re-engaged the same academic advisers to produce a ‘straw man’ model piece of legislation outlining which provisions would likely be needed and drawing on what they considered to be best practice in the aforementioned Irish and Australian legislation. The straw man was presented to engaged stakeholders in November 2018. Circulated to stakeholders including businesses, third sector groups – not line

Read More…

September 2018

Disability Review Report One

September 1st, 2018|

Report for Disability Review Project Board

Read More…

Disability Review Report Two

September 1st, 2018|

Report for Disability Review Project Board

Read More…

June 2018

Amendment to The Policy & Resources Plan

June 1st, 2018|

the States of Guernsey unanimously agreed that this programme of work should be expanded to develop policy proposals for legislation to protect people from discrimination on multiple grounds, including disability

Read More…

March 2018

comparative evaluation of discrimination/equality legislation

March 1st, 2018|

comparative evaluation of discrimination/equality legislation from six countries carried out by academics from the Centre for Disability Law and Policy at the National University of Ireland, Galway, ESS agreed that this legislation should be based, where appropriate, on relevant provisions of the Irish Employment Equality Acts 1998-2015, the Irish Equal Status Acts 2000- 2015, and the Australian Disability Discrimination Act 1992 https://gov.gg/article/164618/New-Discrimination-Legislation-to-draw-on-Irish-and-Australian-Law

Read More…

February 2018

2018 Longer Working Lives (agreement for age discrimination legislation)

February 7th, 2018|

A Policy Letter on Longer Working Lives was prepared, which was debated by the States on 7thFebruary 2018. The Policy Letter can be found here:  A number of actions were agreed which will be taken forward by the Committee for Employment & Social Security as resources become available around the Committee’s strategic priorities (which include the Disability & Inclusion; Affordable Housing; the Supported Living & Ageing Well Strategy; and Social Welfare).

Read more

Jersey Disability Discrimination Consultation – GDA response

February 1st, 2018|

2017 Jersey organised a consultation with the public in their disability discrimination legislation. The GDA gave a full response (special thanks to Rob Platts), many of our comments are included in the consultation report.
 The GDA has concluded that the proposed approach is discriminatory and offers inferior legislation to disabled people.
Our latest response here.
Link to Report here

January 2018

ERO (Equality Rights Organisation) Project Team

January 16th, 2018|

Toward fairness for all: Developing Guernsey’s equality and rights organisation

The workshop was designed to solicit input on the possible scope, functions and remit of an ERO suited to Guernsey’s population. Members of the island’s Equality Working Group attended the workshop, including Citizens Advice Guernsey, Liberate, Guernsey Disability Alliance and Safer. The Children’s Convenor, Honorary Consul of Latvia and representatives of the Employment Relations Service, Chamber of Commerce and Law Officers of the Crown also participated. It was facilitated by Peter Woodward, who served as Convenor of Guernsey’s Employment and Discrimination Tribunal for 17 years

read more

2018 Scrutiny Panel – delays to the Disability and Inclusion Strategy

January 1st, 2018|

GDA comment on delays to the implementation of the States’ Disability and Inclusion Strategy

Four years after the Strategy was unanimously passed by the States of Guernsey there is little tangible progress on the core Strategy workstreams, including the establishment of disability discrimination legislation and the establishment of an Equality and Rights Organisation. In addition, little has been achieved with regard to raising awareness about disability and changing attitudes towards disabled people throughout society– a core aim of the Strategy and one of the few obligations, placed upon governments by the UN Convention on the Rights of Persons with Disabilities (the Convention), which requires immediate action.

GDA Comment on delays to the implementation of the States – Jan 2018 fin…

July 2017

Business Disability Forum (BDF) reviews

July 1st, 2017|

the Business Disability Forum (BDF) undertook an audit to assess the States of Guernsey’s readiness for the proposed disability discrimination legislation, as both an employer and a service provider

Read More…

June 2017

States of Guernsey action plan

June 1st, 2017|

Service areas within the States of Guernsey have been working through a series of actions as a result of audits completed by the Business Disability Forum (BDF) during 2017

Read More…

January 2017

Disability Discrimination Legislation Project Team

January 17th, 2017|

The team included representatives from business, third sector and Government

More detail to follow

Carers Report

January 1st, 2017|

PROVISION FOR CARERS IN GUERNSEY

Read More…

January 2016

The Same-Sex Marriage (Guernsey) Law, 2016

January 1st, 2016|

Read more

Guernsey Employment Trust

January 1st, 2016|

An SLA (Service Level Agreement) was entered into between the States of Guernsey and the Guernsey Employment Trust (GET) to assist employers to become prepared for the introduction of forthcoming disability discrimination legislation

Read More…

January 2015

Disability Policy Implementation Group

January 1st, 2015|

Chaired by Peter Harwood, members including Louise Hall (Business Rep), Rob Platts (Disability Rep)

More detail to follow

January 2014

Building (Alderney) Regulations, 2014

January 30th, 2014|

The Building (Alderney) Regulations, 2014 came into operation in February 2014 having been made in January of the same year. These Regulations replaced the 1978 Regulations and provided Alderney with the same provisions in Part M as applied in Guernsey.

Read More: 

November 2013

x 2013 Convention on the Rights of Persons with Disabilities (CRPD)

November 1st, 2013|

In 2013, the States committed to seek extension of the UK’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) “at the earliest appropriate opportunity”

Little progress has been made in realising the Convention or in achieving extension of the UK’s ratification. Extension is dependent, amongst other things, on discrimination legislation being in place.

In July 2020 The States of Guernsey unanimously approved the proposals for Discrimination Legislation, which now go to the drafting stage, due 2022.

The Disability and Inclusion Strategy

November 1st, 2013|

The Disability and Inclusion Strategy was was agreed by the States of Deliberation in November 2013. The Strategy aims to improve the quality of life of disabled Islanders and their carers through changing attitudes towards disabled people and carers so that they can be active and engaged socially, economically and culturally

Read More…

Equality and Rights Organisation (ERO)

November 1st, 2013|

following consideration of the DIS the States agreed: “To approve, in principle, the establishment of an equality and rights organisation, based on the Paris Principles, but defer the implementation of such an organisation dependent on: a business plan and any additional funding. An ERO is a statutory body which promotes equality and human rights and helps to protect individuals from discrimination and human rights violations

Read More…

UNCRPD

November 1st, 2013|

Following consideration of the DIS, the States directed the former Policy Council to seek the extension of the UN Convention on the Rights of Persons with Disabilities (CRPD) to Guernsey at the earliest appropriate opportunity

Read More…

January 2013

2013 Discrimination (Jersey) Law

January 1st, 2013|

Discrimination (Jersey) Law 2013 phasing: (Source CAB Jersey)

  1. 1st September 2014 – the Law came into force providing protection initially against racial discrimination only
  2. 1st September 2015 – the further protected characteristics of sex, sexual orientation, gender reassignment and pregnancy and maternity came into force
  3. 1st September 2016 – protection against age discrimination
  4. 1st September 2018 – protection against disability discrimination came into force and gave two years for businesses to make reasonable adjustments to premises
    • 2020 – businesses to make reasonable adjustments to premises.

Read more

2013 Island of Equality or Oceans of Exclusion report

January 1st, 2013|

An extensive research report by Rob Platts evaluating more than 38 Jurisdictions Equality laws (updated 2014)

Request a copy

July 2012

February 2012

Maternity and Paternity Provisions and CEDAW

February 21st, 2012|

The States debated the Policy Councils States report on Maternity and Paternity Provisions and the United Nations Convention on the Elimination of Discrimination against Women (CEDAW).

Read More: 

October 2011

2011 The States of Guernsey Strategic Plan

October 12th, 2011|

The States of Guernsey Strategic Plan, approved by the States on 12 October 2011, includes the following General Objectives for social policy:

January 2011

Disability Needs Survey -1st

January 1st, 2011|

In 2011 two disability needs surveys were undertaken.
The first survey looked at the number of people living with long-term health conditions or disabilities, as well as the number of carers. The survey provided information which informed the Disability and Inclusion Strategy.

Read More…

Disability Needs Survey -2nd

January 1st, 2011|

The second survey looked at the experiences of disabled people and people who care for someone with a disability.
The survey provided information which informed the Disability and Inclusion Strategy.

Read More…

October 2010

UK Equality Act 2010

October 1st, 2010|

A new UK Equality Act came into force on 1 October 2010.

It brings together over 116 separate pieces of legislation into one single Act.

The Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.

It provides Britain with a discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The nine main pieces of legislation that have merged are:

  1. the Equal Pay Act 1970
  2. the Sex Discrimination Act 1975
  3. the Race Relations Act 1976
  4. the Disability Discrimination Act 1995
  5. the Employment Equality (Religion or Belief) Regulations 2003
  6. the Employment Equality (Sexual Orientation) Regulations 2003
  7. the Employment Equality (Age) Regulations 2006
  8. the Equality Act 2006, Part 2
  9. the Equality Act (Sexual Orientation) Regulations 2007

Read more

September 2006

January 2005

2005 Convention on the Rights of the Child – approved 2020

January 1st, 2005|

In 2005, the States committed to request extension of the UK’s ratification of the Convention on the Rights of the Child.

Formal extension of CRC to Guernsey and Alderney was approved December 2020 (15 years later).

January 2004

September 2003

January 2003

x 2003 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

January 1st, 2003|

In 2003, the States committed to seeking extension of the UK’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to Guernsey. Sixteen years later and this goal has not been achieved. In Guernsey, some of the most basic protections against discrimination on the basis of sex, sexual orientation and gender reassignment in the provision of goods and services, education and accommodation remain unavailable to Guernsey residents.

January 2000

The Equal Status Acts 2000-2018 (‘the Acts’)

January 1st, 2000|

Irish Human Rights and Equality Commission

The Equal Status Acts 2000-2018 (‘the Acts’) prohibit discrimination in the provision of goods and services, accommodation and education. They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community. In addition, the Acts prohibit discrimination in the provision of accommodation services against people who are in receipt of rent supplement, housing assistance, or social welfare payments.

read more

January 1998

The Employment Equality Acts 1998–2015

January 1st, 1998|

The Irish Human Rights and Equality Commission

The Employment Equality Acts 1998–2015 outlaw discrimination in a wide range of employment and employment-related areas. These include recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment.

Read more

December 1993

United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

December 1st, 1993|

In December 1993, following the consideration of the Advisory and Finances report titled United Nations Convention on the Elimination of All
Forms of Discrimination against Women, the States resolved (inter alia):

1. To condemn discrimination against women in all its forms.

2. (a) To instruct States Committees to take all reasonable steps to identify and eradicate any discrimination against women in legislation or practice and to present proposals to the State in that regard as and when practicable.

(b) To instruct the States Advisory and Finance Committee to report to the States on the progress being made in respect of Resolution 2 (a) not less than once every three years.

Read More…

November 1992

Building Regulations – Part M Access and Facilities for Disabled People

November 23rd, 1992|

Part M, access and facilities for disabled people, was introduced into the Building Regulations made on the 23rd November 1992 which came into operation in Guernsey on 1st March 1993. These Regulations replaced the 1957 regulations which had no provisions for access or facilities for anyone affected by disability.

Read More:

May 1976

International Covenant on Civil and Political Rights (CCPR)

May 20th, 1976|

The International Covenant on Civil and Political Rights (CCPR) was ratified by Guernsey on the 20th May 1976, and came into force on the 20th August 1976.

The ICCPR provides in Article 2:
“1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Read More…

January 1976

International Covenant on Economic, Social and Cultural Rights (ICESCR)

January 1st, 1976|

In 1976, The International Covenant on Economic, Social and Cultural Rights (ICESCR) was extended to Guernsey. Much of the Convention can be gradually realised. While some progress has been made, it is clear that insufficient progress has made on matters that do require immediate attention (e.g. non-discrimination), and the evidence suggests that there is no real commitment to realising other matters, such as equal pay for work of equal value, and full access to employment.

March 1969

Convention on the Elimination of All Forms of Racial Discrimination (CERD)

March 18th, 1969|

The  Convention on the Elimination of All Forms of Racial Discrimination (CERD) was Registered in Bailiwick on 18th March 1969 and came into force on 6th April 1969.

50+ years later, residents are still unable to exercise certain rights under that Convention, including the basic right of protection from discrimination on the ground of race.

Read More…

October 1953

December 1948

Universal Declaration of Human Rights (UDHR)

December 10th, 1948|

Following the Second World War the Universal Declaration of Human Rights (UDHR), a milestone document in the history of human rights was drafted. It was drafted by representatives from all over the world.  The Declaration was proclaimed by the United Nations General Assembly in Paris on the 10th December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It set out, for the first time, fundamental human rights to be universally protected.

The United Nations Declaration of Human Rights provides in Article 1 that

“all human beings are born free and equal in dignity and rights”

and, in Article 2 says that

“everyone is entitled to all the rights and freedoms set forth in this declaration, without discrimination of any kind.”

Read More…

Go to Top