Equal Rights

MagicSean

Legislation provides for a prohibition on discriminating against members of the travelling community. Does anyone know how a person would prove membership of this group in a court? What legally defines a member of the travelling community? What's to stop anyone claiming this status?

Grolschevik

I've been wondering about this myself since you asked it...

Maximilian

From the Equal Status Act 2000

“Traveller community” means the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.

It's a matter of fact/evidence as to whether someone is or is not in a given case.

MagicSean

But wouldn't that exclude "settled" travellers in that they have forefeited their nomadic lifestyle which would be the most important part of their tradition.

FreudianSlippers

k_mac wrote: »

But wouldn't that exclude "settled" travellers in that they have forefeited their nomadic lifestyle which would be the most important part of their tradition.

hm. wouldn't the fact that one may consider them "settled travellers" still flag them for unequal treatment though? I mean, one would still be differentiating them from "normal" society. Basically direct/indirect discrimination by imputation?

MagicSean

OisinT wrote: »

hm. wouldn't the fact that one may consider them "settled travellers" still flag them for unequal treatment though? I mean, one would still be differentiating them from "normal" society. Basically direct/indirect discrimination by imputation?

But at what point do they stop becoming "settled travellers" and just become settled. And what about their children? Could they still claim traveller status?

FreudianSlippers

yeah, honestly no idea what the line is on this.

drkpower

On the face of it there is no line; the use of the word 'historically, a nomadic way of life on the island of Ireland', suggests that you could be 'settled' for generations and still claim traveller status, as long as you are part of a community that identifies itself as a traveller.

Maximilian

Surely the point is moot in that you would have to prove you were firstly discriminated against. After that you would need to prove the basis for the discrimination was being a traveler.

It seems irrelevant to me whether that person was actually a traveler or not. Discrimination against a person based on the false belief that the same person was a traveler is still discrimination.

FreudianSlippers

I believe for the Equality Acts you need to make a prima facie case that you were discriminated against on the balance of probabilities and the burden is then reversed.