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Anti-Discrimination Law

Key information

  • Module code:

    6FFLX021

  • Level:

    6

  • Semester:

      Autumn

  • Credit value:

    15

Module description

This module covers only the Semester 1 part of a full year module

This course will appeal to students who enjoyed the anti-discrimination aspects of European Law, Public Law, or Human Rights Law, and would like to develop their interest in this topic. It expands greatly on, and complements, the anti-discrimination content of these three subjects. Students may wish to take it concurrently with, or after, Human Rights Law. The right to be free from discrimination (based on such grounds as sex, race, religion, disability, age or sexual orientation) is a human right, and is now taken very seriously in the Council of Europe, the European Union, Canada, and the United States. Indeed, in some affluent democracies, it is arguably the most important human right, and the "Human Rights Act (or Commission)" is in fact an "Anti-Discrimination Act (or Commission)". The majority of people currently face the possibility of public or private sector discrimination based on one of the grounds mentioned above. As they grow older, everyone is likely to face the possibility of age discrimination.

The course places anti-discrimination law in a broader context: theoretical justifications for the anti-discrimination principle will be examined, and use will be made of historical and social science material where appropriate. The course will make clear the assumptions which underlie traditional thinking concerning anti-discrimination law, and expose these to critical scrutiny. This task is especially important because of the recent expansion and consolidation of anti-discrimination law in Great Britain, as a result of the Human Rights Act 1998, the new anti-discrimination directives under Article 19 TFEU, the Equality and Human Rights Commission, and the Equality Act 2010.

The first semester of the course introduces students to the general principles of anti-discrimination law, as well as the historical and social context within which these have emerged and developed, and the theoretical justifications for anti-discrimination law. All the main sources of anti-discrimination law in Great Britain are considered. These include "constitutional" prohibitions of discrimination applying to the public sector (the European Convention's Article 14 and Protocol No. 12, which are similar to the US Constitution's Fifth and Fourteenth Amendments, and the Canadian Charter's Section 15), and more detailed "statutory" prohibitions applying to both the public and private sectors: Article 157 TFEU and EU anti-discrimination directives (including those adopted under Article 19 TFEU), and the legislation that implements (and sometimes goes beyond) the EU provisions in Great Britain (the Equality Act 2010).

FIRST SEMESTER

Seminar 1 - Introduction to the Course and the Historical and Social Context of Anti-Discrimination Laws in the US, the UK and the EU

Seminar 2 - Overview of the Sources of UK Anti-Discrimination Law (including Remedies)

Seminar 3 - Prohibited Grounds (protected groups and characteristics: sex, race, religion, disability, age, sexual orientation)

Seminar 4 - Theoretical Justifications for the Anti-Discrimination Principle

Seminar 5 - Direct Discrimination (less favourable treatment)

Seminar 6 - Indirect Discrimination (disproportionate impact)

Seminar 7 - Material Scope (areas covered: employment, housing, education, services) and Exceptions (direct discrimination permitted; cutting back on initial scope)

Seminar 8 – Conflicts of Rights: "Constitutional" Exceptions (freedom of expression, association, religion) to "Statutory" Anti-Discrimination Law

Seminar 9 - Harassment and Violence (Hate Crimes)

Seminar 10 - Hate Speech (inciting violence, harassment, or discrimination)

 

Assessment details

Coursework 100%

Teaching pattern

Seminar (1 x 2 hour per week),

Subject areas

Department

Module description disclaimer

King’s College London reviews the modules offered on a regular basis to provide up-to-date, innovative and relevant programmes of study. Therefore, modules offered may change. We suggest you keep an eye on the course finder on our website for updates.

Please note that modules with a practical component will be capped due to educational requirements, which may mean that we cannot guarantee a place to all students who elect to study this module.

Please note that the module descriptions above are related to the current academic year and are subject to change.