Abstract
On 6 April 2011 a new general positive equality duty was imposed by law on all
public bodies in the UK. This article sets out the effect of its predecessors, the new
law and the principal case law which has arisen. It identifies five equality variables
which make conceptions of equality diverse and contestable. It argues that there is
a distinctive liberal-democratic conception of equality on grounds of religion or
belief, which is rendered vulnerable by the new positive duty. In response, the new
duty should be restrictively interpreted to focus on ensuring respect for equality
rights.
public bodies in the UK. This article sets out the effect of its predecessors, the new
law and the principal case law which has arisen. It identifies five equality variables
which make conceptions of equality diverse and contestable. It argues that there is
a distinctive liberal-democratic conception of equality on grounds of religion or
belief, which is rendered vulnerable by the new positive duty. In response, the new
duty should be restrictively interpreted to focus on ensuring respect for equality
rights.
| Original language | English |
|---|---|
| Pages (from-to) | 386-401 |
| Number of pages | 15 |
| Journal | Oxford Journal of Law and Religion |
| Volume | 1 |
| Issue number | 2 |
| Early online date | 12 Jan 2012 |
| DOIs | |
| Publication status | Published - 2012 |