In the Concluding Observations, the Committee expressed the following concern:
- In particular, it expresses concern that several provisions of the Equality Act 2010 have not yet been brought into legal effect, including Section 9(5)(a) on caste-based discrimination and Section 14 on dual discrimination. It also reiterates its concern that the Equality Act 2010 does not apply to Northern Ireland, where comprehensive anti-discrimination legislation has yet to be adopted (arts. 1 and 2).
The Committee recommends that the State party should:
8. (a) Invoke Section 9(5)(a) of the Equality Act 2010 without further delay to ensure that caste-based discrimination is explicitly prohibited under law and that victims of this form of discrimination have access to effective remedies, taking into account the Committee’s general recommendation No. 29 (2002) on descent;
- CERD Concluding Observations
- Alternative report submitted by DSN-UK and IDSN, “Caste-based discrimination in the UK”, July 2011
- Link to CERD website (incl. other NGO reports)
In the Concluding Observations, the Committee expressed the following concern:
- 30. While noting the assertion of the State party that there is no evidence in the State party of the existence of caste-based discrimination to any significant extent in the fields covered by the Convention, the Committee has received information from nongovernmental organizations and from recent research studies commissioned by State party institutions that such discrimination and harassment in violation of the rights to work, to education and to the supply of goods and services does exist in the State party (article 2).
Recalling its previous concluding observations (CERD/C/63/CO/11 para. 25) and its General Recommendation 29 (2002) on descent, the Committee recommends that the Minister responsible in the State party invoke section 9(5)(a) of the Equality Act 2010 to provide for “caste to be an aspect of race” in order to provide remedies to victims of this form of discrimination. The Committee further requests the State party to inform the Committee of developments on this matter in its next periodic report.”
The Committee recommends that the State party submit its combined 21st to 23rd periodic reports in a single document, due on 6 April 2014.
In the Concluding Observations, the Committee expressed the following concern:
- The Committee recalls its general recommendation XXIX, in which the Committee condemns descent-based discrimination, such as discrimination on the basis of caste and analogous systems of inherited status, as a violation of the Convention, and recommends that a prohibition against such discrimination be included in domestic legislation. The Committee would welcome information on this issue in the next periodic report.