Osservatorio delle libertà ed istituzioni religiose

Olir

Osservatorio delle Libertà ed Istituzioni Religiose

Documenti • 30 Marzo 2006

Legge 2000

EQUAL STAT US ACT 2000

An act to promote equality and prohibit types of discrimination, harassment and related behaviour in connection with the provis ion of services, property and other opportunities to which the public generally or a section of the public has access, to provide for inves tigating and remedying certain discrimination and other unlawful activities, to provide for the adminis tration by the equality authority of various matters pertaining to this act, to amend the employment equality act, 1998, in relation thereto and in certain other respects and to provide for related matters .

(omissis)

Art. 2.

(1) In this Act, unless the context otherwise requires-
[…]
”religious belief” includes religious background or outlook;
[…]

Art.3.

(2) As between any two persons, the discriminatory grounds (and the descriptions of those
grounds for the purposes of this Act) are:
[…]
(e) that one has a different religious belief from the other, or
that one has a religious belief and the other has not (the ”religion ground”),
[…]

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Art. 5.

(1) A person shall not discriminate in disposing of goods to
the public generally or a section of the public or in providing a
service, whether the disposal or provision is for consideration or otherwise
and whether the service provided can be availed of only by a section of the public.

(2) Subsection (1) does not apply in respect of-
[…]
(e) differences in the treatment of persons on the religion
ground in relation to goods or services provided for a
religious purpose
[…]

Art. 6

[…]
(5) Where any premises or accommodation are reserved for the
use of persons in a particular category of persons for a religious
purpose or as a refuge, nursing home, retirement home, home for persons
with a disability or hostel for homeless persons or for a similar
purpose, a refusal to dispose of the premises or provide the
accommodation to a person who is not in that category does not, for that
reason alone, constitute discrimination.
[…]

Art. 7.

(1) In this section ”educational establishment” means a
pre-school service within the meaning of Part VII of the Child Care Act,
1991, a primary or post-primary school, an institution providing
adult, continuing or further education, or a university or any other
third-level or higher-level institution, whether or not supported by
public funds.

(2) An educational establishment shall not discriminate in relation
to-

(a) the admission or the terms or conditions of admission of a
person as a student to the establishment,

(b) the access of a student to any course, facility or benefit
provided by the establishment,

(c) any other term or condition of participation in the
establishment by a student, or

(d) the expulsion of a student from the establishment or any
other sanction against the student.

(3) An educational establishment does not discriminate under
subsection (2) by reason only that-

(a) where the establishment is not a third-level institution and
admits students of one gender only, it refuses to admit as
a student a person who is not of that gender,

(b) where the establishment is an institution established for the
purpose of providing training to ministers of religion and
admits students of only one gender or religious belief, it
refuses to admit as a student a person who is not of that
gender or religious belief,

(c) where the establishment is a school providing primary or
post-primary education to students and the objective of
the school is to provide education in an environment
which promotes certain religious values, it admits persons
of a particular religious denomination in preference to
others or it refuses to admit as a student a person who is
not of that denomination and, in the case of a refusal, it
is proved that the refusal is essential to maintain the
ethos of the school,
[…]

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Art. 9.

(1) For the purposes of section 8, a club shall not be
considered to be a discriminating club by reason only that-

(a) if its principal purpose is to cater only for the needs of-
(i) persons of a particular gender, marital status, family
status, sexual orientation, religious belief, age, disability,
nationality or ethnic or national origin,
ii) persons who are members of the Traveller community,
or
(iii) persons who have no religious belief,
[…]

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Art.15.

(1) For greater certainty, nothing in this Act prohibiting
discrimination shall be construed as requiring a person to dispose of
goods or premises, or to provide services or accommodation or
services and amenities related to accommodation, to another person
(”the customer”) in circumstances which would lead a reasonable
individual having the responsibility, knowledge and experience of the
person to the belief, on grounds other than discriminatory grounds,
that the disposal of the goods or premises or the provision of the
services or accommodation or the services and amenities related to
accommodation, as the case may be, to the customer would produce
a substantial risk of criminal or disorderly conduct or behaviour or
damage to property at or in the vicinity of the place in which
the goods or services are sought or the premises or accommodation are
located.
[…]

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