Act of the Scottish Parliament | |
Long title | An Act of the Scottish Parliament to make provision about gender representation on boards of Scottish public authorities. |
---|---|
Citation | 2018 asp 4 |
Introduced by | Shirley-Anne Somerville MSP |
Territorial extent | Scotland |
Dates | |
Royal assent | 8 March 2018 |
Commencement | 1 December 2018 (in part), 29 May 2020 (in part) |
Status: Amended | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Gender Representation on Public Boards (Scotland) Act 2018 is an Act of the Scottish Parliament which received royal assent on 9th March 2018. [1]
The Act is designed to make more public boards in Scotland more diverse in terms of gender to be more representative of Scotland.
The Act requires all organisations with public boards to encourage applications from women. The Act requires that when there is a vacancy, there must be more than one candidate and at least one candidate must be a woman and one candidate must not be a woman. [1]
Originally, the act specified that the definition of a woman "includes a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female." [1]
For Women Scotland initially won a judicial review against the act: the definition of "woman" was deemed to be outside of the scope of the Scottish Parliament. [2] This was reversed upon appeal on the basis that the definition of sex was "not limited to biological or birth sex". [3]
After the Gender Representation on Public Boards (Amendment) (Scotland) Act 2024 was passed, the definition of "women" was removed. [4]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows adults in the United Kingdom who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005.
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.
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The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the Republic of Singapore Independence Act 1965, and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
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Illinois is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
Lesbian, gay, bisexual and transgender (LGBTQ) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the state parliament passing comprehensive law reforms in 2002. The state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002. As of 2024, Western Australia is the only place within Australia to ban altrustic surrogacy for same-sex couples and also the only mainland state to still legally allow conversion therapy practices.
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Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
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Lady Dorrian said: "The fact that an appropriate percentage for a representation objective in relation to one protected characteristic may not be proportionate and appropriate to another characteristic highlights why it is important to apply an individual approach to the characteristics and to focus in each case on those who share a relevant protected characteristic. ... the definition of woman adopted in the 2018 legislation includes those with the protected sex characteristic of women, but only some of those with the protected characteristic of gender reassignment."