Mandla v Dowell-Lee | |
---|---|
Court | House of Lords |
Decided | 24 March 1983 |
Citations | [1982] UKHL 7, [1983] 2 AC 548 |
Case history | |
Prior action | [1983] QB 1 |
Court membership | |
Judges sitting | Lord Fraser of Tullybelton, Lord Edmund-Davies, Lord Roskill, Lord Brandon of Oakbrook and Lord Templeman |
Keywords | |
Race discrimination, Sikh, protected characteristic, ethnicity |
Mandla v Dowell-Lee [1982] UKHL 7 is a United Kingdom law case on racial discrimination. It held that Sikhs are to be considered an ethnic group for the purposes of the Race Relations Act 1976.
A Sikh boy was refused entry to Park Grove School, Birmingham by the headmaster because his father refused to make him stop wearing a dastar and cut his hair. The boy went to another school, but the father lodged a complaint with the Commission for Racial Equality (CRE), which brought the case. Derry Irvine, a future Lord Chancellor, appeared for the CRE.
The CRE lost in the Court of Appeal. [1] Lord Denning, M. R. held the following:
The statute in section 3(1) contains a definition of a "racial group". It means a "group of persons defined by reference to colour, race, nationality or ethnic or national origins." That definition is very carefully framed. Most interesting is that it does not include religion or politics or culture. You can discriminate for or against Roman Catholics as much as you like without being in breach of the law. You can discriminate for or against Communists as much as you please, without being in breach of the law. You can discriminate for or against the "hippies" as much as you like, without being in breach of the law. But you must not discriminate against a man because of his colour or of his race or of his nationality, or of "his ethnic or national origins." You must remember that it is perfectly lawful to discriminate against groups of people to whom you object - so long as they are not a racial group. You can discriminate against the Moonies or the Skinheads or any other group which you dislike or to which you take objection. No matter whether your objection to them is reasonable or unreasonable, you can discriminate against them - without being in breach of the law.’
He held that Sikhs were not a racial or ethnic group.
The CRE won the Appeal to the House of Lords, [2] where Lord Fraser of Tullybelton held the following.
For a group to constitute an ethnic group in the sense of the 1976 Act, it must, in my opinion, regard itself, and be regarded by others, as a distinct community by virtue of certain characteristics. Some of these characteristics are essential; others are not essential but one or more of them will commonly be found and will help to distinguish the group from the surrounding community. The conditions which appear to me to be essential are these: (1) a long shared history, of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive; (2) a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance. In addition to those two essential characteristics the following characteristics are, in my opinion, relevant: (3) either a common geographical origin, or descent from a small number of common ancestors; (4) a common language, not necessarily peculiar to the group; (5) a common literature peculiar to the group; (6) a common religion different from that of neighbouring groups or from the general community surrounding it; (7) being a minority or being an oppressed or a dominant group within a larger community, for example a conquered people (say, the inhabitants of England shortly after the Norman conquest) and their conquerors might both be ethnic groups.
He went on to approve the test set out by Richardson, J. in the County Court.
"... a group is identifiable in terms of its ethnic origins if it is a segment of the population distinguished from others by a sufficient combination of shared customs, beliefs, traditions and characteristics derived from a common or presumed common past, even if not drawn from what in biological terms is a common racial stock. It is that combination which gives them an historically determined social identity in their own eyes and in the eyes of those outside the group. They have a distinct social identity based not simply on group cohesion and solidarity but also on their belief as to their historical antecedents."
They held that Sikhs were a racial or ethnic group.
The outcome of this case has been that it has led to a legal definition of the term ethno-religious. [3] [4]
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: CS1 maint: archived copy as title (link)Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, religion, physical attractiveness or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group.
Racism is discrimination and prejudice against people based on their race or ethnicity. Racism can be present in social actions, practices, or political systems that support the expression of prejudice or aversion in discriminatory practices. The ideology underlying racist practices often assumes that humans can be subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as inferior or superior. Racist ideology can become manifest in many aspects of social life. Associated social actions may include nativism, xenophobia, otherness, segregation, hierarchical ranking, supremacism, and related social phenomena. Racism refers to violation of racial equality based on equal opportunities or based on equality of outcomes for different races or ethnicities, also called substantive equality.
Racial discrimination is any discrimination against any individual on the basis of their race, ancestry, ethnicity, and/or skin color and hair texture. Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain group. Governments can discriminate explicitly in law, for example through policies of racial segregation, disparate enforcement of laws, or disproportionate allocation of resources. Some jurisdictions have anti-discrimination laws which prohibit the government or individuals from being discriminated based on race in various circumstances. Some institutions and laws use affirmative action to attempt to overcome or compensate for the effects of racial discrimination. In some cases, this is simply enhanced recruitment of members of underrepresented groups; in other cases, there are firm racial quotas. Opponents of strong remedies like quotas characterize them as reverse discrimination, where members of a dominant or majority group are discriminated against.
The term "minority group" has different usages, depending on the context. According to its common usage, the term minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals, or less than half, is a "minority". Usually a minority group is disempowered relative to the majority, and that characteristic lends itself to different applications of the term minority.
The Commission for Racial Equality (CRE) was a non-departmental public body in the United Kingdom which aimed to address racial discrimination and promote racial equality. The commission was established in 1976, and disbanded in 2007 when its functions were taken over by the newly created Equality and Human Rights Commission.
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Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex, religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group.
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Walter Ian Reid Fraser, Baron Fraser of Tullybelton, was a British judge.
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