The principle of equality is enshrined in Irish, European and international law, including in:
- Art. 1 of the United Nations Universal Declaration of Human Rights which states that ‘All human beings are born free and equal in dignity and rights’,
- Art 40.1 of the Irish Constitution which states that ‘All citizens shall as human persons, be held equal before the law’.
In Ireland, the key pieces of equality legislation are:
- The Employment Equality Acts - prohibit discrimination, harassment and victimisation in employment, including discrimination in relation to recruitment, promotion, pay and other conditions of employment.
- The Equal Status Acts – promote equality and prohibit discrimination in access to and provision of services, accommodation and educational establishments.
These pieces of legislation prohibit discrimination and harassment on the following nine grounds:
1. Gender
If you are a woman, a man, or a transgender person.
2. Civil status
Whether or not you are single, married, separated, divorced, widowed or in a civil partnership.
3. Family status
If you are pregnant, the parent or person responsible for a child under 18, or if you are the main carer or parent of a person with a disability who needs ongoing care.
4. Sexual Orientation
Whether or not you are gay, lesbian, bisexual or heterosexual.
5. Religion
No matter what your religious beliefs are, or if you have no religious beliefs.
6. Age
Whatever your age, so long as you are over the legal school-leaving age (Employment Equality Acts) /over 18 (Equal Status Act).
7. Race/Ethnicity
No matter what race you belong to, or what colour your skin is, or your nationality or ethnic background.
8. Traveller Community
If you are a member of the Traveller community.
9. Disability
If you have a disability. For definitions of what is meant by the word disability, see here.
For more information on the Employment Equality Acts & Equal Status Act and to see specific exemptions, see www.ihrec.ie.
Note:
Discrimination is the treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation on any of the nine equality grounds. Discrimination can be direct, indirect, by association or imputation.
Harassment is any form of unwanted conduct related to any of the nine discriminatory grounds that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
- The Disability Act 2005 - places significant obligations on public bodies in terms of providing integrated access to services and information to people with disabilities, as well as promoting the employment of people with disabilities.
- The Irish Human Rights and Equality Commission Act 2014 & the Public Sector Duty – places a statutory obligation for public bodies in Section 42 of the Irish Human Rights and Equality Commission Act 2014. Section 42(1) requires public bodies, in the performance of their functions, to have regard to the need to eliminate discrimination, promote equality and protect human rights of staff and people availing of their services. Section 42(2) requires public bodies to assess, address and report on progress in relation to equality and human rights in their strategic plan and annual reports in a manner that is accessible to the public. Click here for more information.
In addition, the Institutes of Technology Act 2006 places obligations on Governing Bodies to promote equality, diversity and inclusion, specifically with regard to gender balance, and access.
SETU is committed to discharging its obligations under these provisions.