This thesis identifies existing legislation that can provide an adequate system of regional and domestic rights based on a critique of existing protections applicable to Gypsy/Travellers in Scotland. A definition of Gypsies/Travellers is established and analysis of ethnicity undertaken focusing on race relations legislative definition and anthropological/sociological ethnicity definition, identifying obstacles to recognition, however concluding that all Gypsies/Travellers could satisfy these definitions. It is however identified that, to achieve equality, additional measures are necessary in the interpretation and application of existing human rights law with a need for positive action to achieve equality not only in law but in fact. International law is examined regarding minority protection and racial discrimination examining their relevance domestically in the United Kingdom. Regional legislation is similarly examined, in particular developing ECHR jurisprudence, the European Social Charter, the Framework Convention for the Protection of National Minorities and potential remedies in EU legislation. The Human Rights Act 1998 is also examined as potentially offering a compliance mechanism regarding obligations contained in the ECHR. Domestic race relations legislation is examined, particularly regarding positive duties and mechanisms for ensuring compliance with these duties, identifying shortcomings. Lastly future domestic equality legislation is examined and shortcomings identified in the current proposals of the United Kingdom. Legislation and case law referred to is correct at 1 November, 2008.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:499733 |
| Date | January 2008 |
| Creators | Taggart, Ian |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25967 |
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