MercoPress. South Atlantic News Agency

Falklands, modernized, phased anti-discriminatory legislation approved

The protected characteristics will take place across four phases, Phase 1 – Race; Phase 2/ Age and Disability; Phase 3 - Sex and associated characteristics; Phase 4 - Religion or belief

The Falkland Islands Government has approved a program of work to modernize anti-discrimination legislation, ensuring that everyone in the Falkland Islands is protected from unlawful discrimination.

Discrimination is not acceptable and prevents people from accessing the opportunities available in our society. This work will ensure that the Falkland Islands protect the rights of all the people whilst meeting its international obligations and commitments made in the Islands Plan 2022-2026.

The policy paper and proposals have been formulated following a data driven process and community engagement through Community Views Survey, Focus Group Discussions and In-Depth Discussions. A continuous consultative process has been followed to design policy proposals that are fit-for-purpose for the Falkland Islands.

Legal protection from discrimination needs modernizing because whilst there are protections from sex discrimination, other characteristics have limited or no protection. This will mean it will be unlawful to treat a person or group 'less favorably' because of a “protected characteristic”.

It is envisaged that protected characteristics will be introduced in a phased approach in order to bring all protection from unlawful discrimination under a single Ordinance. The protected characteristics will be introduced across four phases in the following order:

• Phase 1 - Race

• Phase 2 - Age and Disability

• Phase 3 - Sex and associated characteristics (Includes: sex, marriage, sexual orientation, gender identity, pregnancy and maternity)

• Phase 4 - Religion or belief

The approach allows for the detailed policy, legislative drafting and consultation to be completed in each phase before moving on to the next phase. Given the complex nature of each phase it is recognized that a balance is needed between the desire to protect people’s rights as soon as possible, and the need to ensure the pace can be maintained to bring about the relevant changes.

The modernized legislation will make clear what constitutes unlawful discrimination by detailing the forms of discrimination and prohibited conduct, alongside the range of circumstances in which the legislation will apply for example employment, education, and access to goods and services.

It is anticipated that a complaints resolution process will be designed including a ‘Discrimination and Employment Tribunal’. This will be established to resolve discrimination claims (whether employment related or otherwise) and all employment related disputes. Further work to develop rules and procedures for the Tribunal will be undertaken to ensure access to justice.

There may be times when differential treatment is necessary and permitted, for example where there is a genuine and occupational requirement. Exceptions will be considered and made clear.

As the law develops, accompanying guidance and training material will be produced. This will help people and organizations better understand rights, roles and obligations and can help people across the community make a more informed decision about whether the treatment they have faced may amount to unlawful discrimination and what avenues are available to them for a resolution.

You can find the policy paper 174-25P which details the strategic approach here.