Introduction
We have designed this page to provide a one stop reference to all the resources and decisions that were made that led to the unanimous approval of the proposals for Discrimination Legislation – July 2020. For the future key dates please go to Key Dates for the Discrimination Legislation progress and phasing Please go to our Frequently Asked Questions on Human Rights and Discrimination for further information.
July 2022
2022 Draft Prevention of Discrimination Ordinance Published
The Prevention of Discrimination Ordinance was sent to the Greffe for the States debate on 28th September 2022. This is the final version of the Ordinance for debate having been reviewed by the Legislation Review Panel. The draft Ordinance was published early on the 20th July 2022 to give everyone plenty of time to review the detailed legislation.
March 2022
G4 Business Groups Respond to Request for Consultation (Discrmination Legislation)
G4 – The Institute of Directors (IOD), Guernsey International Business Association (GIBA), Guernsey’s Chamber of Commerce and the Chartered Institute of Personnel and Development (CIPD) have jointly responded to a request for feedback on the Anti-Discrimination Legislation proposals.
Our letter, which focusses on the principles of legislation, rather than the details of the ordinance, sent to the Committee for Employment & Social Security can be read
September 2021
Policy Letter – Discrimination Ordinance: Grounds of i) Religion or Belief and ii) Sexual Orientation
The Committee for Employment and Social Security published its policy letter on the grounds of religion or belief and sexual orientation. It had been agreed by the previous States to include both these grounds in phase 1 of the discrimination ordinance, which also includes the grounds of race, disability and carer status. All 5 grounds are due to be covered in the ordinance due to be completed in 2022 as the first phase of the new Discrimination Ordinance.
May 2021
Legislation Changes from the Consultation to the resolutions
There were significant changes to the Discrimination Legislation over its proposal life time.
- The original ‘Strawman’ was drafted (best practice)
- A consultation with key stakeholders
- Draft Policy proposals were drawn up
- The ESS Committee widely consulted on these draft proposals
- The consultation took place with significant feedback
- New significantly amended proposals were drafted March 2020
- The debate on the proposals took place July 2020, a few changes were made following resolutions
- The final proposals were sent to the law officers for drafting
A summary of all the changes from the original draft policy papers to the final policy proposals are shown in the attached table
April 2021
GPEG 2nd letter – Not at any price
GPEG have released a 2nd letter in the Guernsey Press. There are a number of inaccuracies or misleading statements in it that we have highlighted in our most recent blog post.
You can also view the response to their letter in March here and view the timeline of discrimination legislation resources that we built to ensure all the data, resources and reports are in one place here
April 2021
SEND Review Published
The States have issued the Special Education Needs and Disability (SEND) review see SEND review. The review, undertaken by National Association for Special Educational Needs (nasen), was commissioned by the by the last Committee for Education Sports and Culture (ESC) but delayed due to COVID. The full report can be found here.
March 2021
Government Work Plan
On 26th March 2021, the States of Deliberation agreed the main priorities for the Plan, which included Phase 1 of the Anti-Discrmination legislation proposals .
Find out more about the Government Work Plan (GWP) on our news blog
February 2021
Training Questionnaire 2021
The States of Guernsey need to understand how best to support all organisations prior to the introduction of the discrimination legislation, which is currently planned for the latter half of 2022. The implementation of the legislation will also require training and guidance documents to be developed. A questionnaire has therefore been developed to provide answers on how organisations want this information provided.Questionnaire (Survey Monkey)
For a copy of the questionnaire in other formats and for more information…
February 2021
Discrimination Legislation Implementation External Stakeholder Group
The first meeting of the Discrimination Legislation Implementation External Stakeholder Group took place on the 25th February 2021. To find out more about this group and who is on it click the link below.
February 2021
Broad summary of the States progress in realising various Human Rights instruments
The Human Rights (Bailiwick of Guernsey) Law, 2000, came into full effect in 2006, but, so far, the States has not provided a mechanism to help all citizens to exercise them. Moreover, until recently the States has not had a programme to inform Guernsey residents about their rights. Consequently, people’s general understanding of their rights remains poor.
Fortunately, this situation in improving, with the introduction of the “rights respecting schools” programme in all States’ schools.
February 2021
GPEG Announce Focus Group
GPEG set up a focus group to assess discrimination legislation and asking for parties interested in joining the focus group to contact the GPEG team at info@gpeg.org.gg.
January 2021
Highlight reports
The Highlight reports for the Disability, Equality and Inclusion strategy provide an update on the workstreams of the strategy
December 2020
Formal extension of CRC to Guernsey and Alderney – Convention on the Rights of the Child.
The United Nations Convention on the Rights of the Child (UNCRC) has now been formally extended to Guernsey and Alderney.
The convention is the most widely ratified piece of international human rights legislation in history.
Extending the Convention to Guernsey and Alderney has been a priority action for the States since 2005, with the Children and Young People’s Plan stating signing up to the UNCRC as one of its overarching actions in the 2016-2022 plan. The CYPP also saw all Guernsey and Alderney schools achieve the Rights Respecting Schools Awards through Unicef
October 2020
Commonwealth Parliamentary Association Report on 2020 Election
The general election of 2020 had a number of firsts one of which was the first time independent election observers had been asked to Guernsey. This report is available here was undertaken by the Commonwealth Parliamentary Association.
The report had 12 recommendations including:
September 2020
Jersey Law – Physical Features of Premises Commences
The Discrimination (Disability) (Jersey) Regulations 2018 came into force on the 1st September 2018 with the exception of the provisions of indirect discrimination relating to physical features of premises, which came into force on 1st September 2020. The Regulations amended the Discrimination (Jersey) Law, 2013 to include the protected characteristic of disability.
July 2020
Historic anti-discrimination law passed in Guernsey
Guernsey’s politicians have agreed to an historic anti-discrimination law.
The law defends people being discriminated against for their race, disability, sexual orientation, religious beliefs and anyone who provides care or support for a person with a disability.
The Institute of Directors, Chamber of Commerce, international Business Association, Confederation of Guernsey Industry and the Chartered Institute of Personnel Development released a joint statement about the change.
The business groups welcome the Assembly’s decision to approve the proposals for the new discrimination ordinance. We hope to work alongside government and other stakeholders throughout the legislative process to ensure a smooth and successful implementation.
July 2020
Sexual Orientation and Religious belief debate
New grounds of religion / belief and sexual orientation added into Phase 1 of the new discrimination ordinance. A further policy letter will be required in 2021 with the details.
July 2020
ERO watered down to EEOS
July 2020
Policy proposals for multi-ground discrimination legislation
The States resolved as follows concerning Billet d’État No XV dated 6th July, 2020
Including adding sexual orientation and religion into Phase 1 (from Phase 2 of 3 phases)
July 2020
Employment & Discrimination Tribunal
changes to the ERS
June 2020
legislation to protect against racial discrimination
ESS Committee urges deputies to adopt legislation to protect against racial discrimination
May 2020
GDA Myth Busters
Reviews of a number of Myths on discrimination the Jersey law etc
March 2020
Proposals for new discrimination ordinance
The Committee of ESS published proposals for new discrimination legislation which will make it unlawful for employers and service providers to discriminate on the grounds of disability, carer status and race. The Policy Letter outlining these proposals is available here
March 2020
FAQs – Accessibility and the discrimination legislation proposals
FAQs – Accessibility and the discrimination legislation proposals
January 2020
Consultation Findings
Consultation Findings:
Draft Policy Proposals for Discrimination LegislationNovember 2019
Discrimination Legislation proposals to be re-focussed
in light of the feedback received to the public consultation on its draft policy proposals for new discrimination legislation, the Committee has decided to re-focus on the delivery of a reduced set of proposals.
July 2019
Citizen Advice report 2019
Please note that if there is no protection or legislation for discrimination it is rarely reported or seen as the primary issue. (ie might be noted as employment)
July 2019
Equality Conference
Equality Guernsey delivers the 1st Equality Conference, workshops and resources
July 2019
Public Consultation Transcript
Draft Proposals for New Discrimination Legislation: Public Consultation Transcript, Monday 15 July 2019
July 2019
List of Proposed Exceptions
This document lists the proposed exceptions to the rule of non-discrimination
July 2019
Technical Draft Proposals
Although the detail of these draft proposals may seem complicated, at its heart what we are proposing is simple: everyone in Guernsey should be included and have an equal opportunity to participate in the life of our island
July 2019
Draft policy proposals for consultation
the Committee published draft policy proposals for consultation on 9th July 2019
June 2019
Future Guernsey – Priority Policy Area update (June 2019)
January 2019
Why Not Jersey Legislation?
The GDA and experts advising the Committee for Employment and Social Security considered the Jersey legislation in 2019 prior to any wider consultation. The GDA wrote its own response regarding the suitability of the Jersey legislation Evaluation-of-the-discrimination-Jersey-Law_final.pdf (disabilityalliance.org.gg).
January 2019
review of states statutory provisions, policies, procedures,
all States service areas reviewed statutory provisions, policies, procedures, rules and criterion used to determine the provision of goods and services to the public in order to identify any necessary exceptions to the proposed discrimination legislation. This exercise is expected to lead to the identification of various issues which will require legislative or operational changes to be made in order to comply with the forthcoming legislation.
January 2019
Disability Review Board
December 2018
Sex Discrimination Ordinance – Summary of Consultation Findings
As part of the development of new discrimination legislation, the Committee for Employment & Social Security have gathered people’s views regarding the Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 (as amended), Guernsey’s only existing piece of discrimination legislation
November 2018
straw man’ model piece of legislation
Following this agreement, the ESS re-engaged the same academic advisers to produce a ‘straw man’ model piece of legislation outlining which provisions would likely be needed and drawing on what they considered to be best practice in the aforementioned Irish and Australian legislation. The straw man was presented to engaged stakeholders in November 2018. Circulated to stakeholders including businesses, third sector groups – not line
September 2018
The Discrimination (Disability) (Jersey) Regulations 2018
The Discrimination (Disability) (Jersey) Regulations 2018 came into force on the 1st September 2018 with the exception of the provisions of indirect discrimination relating to physical features of premises, which came into force on 1st September 2020. The Regulations amended the Discrimination (Jersey) Law, 2013 to include the protected characteristic of disability.
September 2018
Disability Review Report One
Report for Disability Review Project Board
September 2018
Disability Review Report Two
Report for Disability Review Project Board
June 2018
Amendment to The Policy & Resources Plan
the States of Guernsey unanimously agreed that this programme of work should be expanded to develop policy proposals for legislation to protect people from discrimination on multiple grounds, including disability
March 2018
Key Findings from the Disability & Inclusion Strategy Public Hearing
The Scrutiny Management Committee published its key findings following the January public hearings on the Disability and Inclusion Strategy.
March 2018
comparative evaluation of discrimination/equality legislation
comparative evaluation of discrimination/equality legislation from six countries carried out by academics from the Centre for Disability Law and Policy at the National University of Ireland, Galway, ESS agreed that this legislation should be based, where appropriate, on relevant provisions of the Irish Employment Equality Acts 1998-2015, the Irish Equal Status Acts 2000- 2015, and the Australian Disability Discrimination Act 1992 https://gov.gg/article/164618/New-Discrimination-Legislation-to-draw-on-Irish-and-Australian-Law
February 2018
2018 Longer Working Lives (agreement for age discrimination legislation)
A Policy Letter on Longer Working Lives was prepared, which was debated by the States on 7thFebruary 2018. The Policy Letter can be found here: A number of actions were agreed which will be taken forward by the Committee for Employment & Social Security as resources become available around the Committee’s strategic priorities (which include the Disability & Inclusion; Affordable Housing; the Supported Living & Ageing Well Strategy; and Social Welfare).
February 2018
Jersey Disability Discrimination Consultation – GDA response
2017 Jersey organised a consultation with the public in their disability discrimination legislation. The GDA gave a full response (special thanks to Rob Platts), many of our comments are included in the consultation report.The GDA has concluded that the proposed approach is discriminatory and offers inferior legislation to disabled people.Our latest response here.Link to Report hereJanuary 2018
Scrutiny Management Committee Hearing
The Scrutiny Management Committee public hearing was held on the 31st January 2018. The hearing sought to explore the progress being made on the Disability and Inclusion Strategy, together with the management of the public resources. Karen Blanchford, Arrun Wilkie and Rob Harnish gave evidence on behalf of the GDA and Deputy Sarah Hansmann Rouxel gave evidence as Disability Champion.
January 2018
ERO (Equality Rights Organisation) Project Team
Toward fairness for all: Developing Guernsey’s equality and rights organisation
The workshop was designed to solicit input on the possible scope, functions and remit of an ERO suited to Guernsey’s population. Members of the island’s Equality Working Group attended the workshop, including Citizens Advice Guernsey, Liberate, Guernsey Disability Alliance and Safer. The Children’s Convenor, Honorary Consul of Latvia and representatives of the Employment Relations Service, Chamber of Commerce and Law Officers of the Crown also participated. It was facilitated by Peter Woodward, who served as Convenor of Guernsey’s Employment and Discrimination Tribunal for 17 years
read more
January 2018
2018 Scrutiny Panel – delays to the Disability and Inclusion Strategy
GDA comment on delays to the implementation of the States’ Disability and Inclusion Strategy
Four years after the Strategy was unanimously passed by the States of Guernsey there is little tangible progress on the core Strategy workstreams, including the establishment of disability discrimination legislation and the establishment of an Equality and Rights Organisation. In addition, little has been achieved with regard to raising awareness about disability and changing attitudes towards disabled people throughout society– a core aim of the Strategy and one of the few obligations, placed upon governments by the UN Convention on the Rights of Persons with Disabilities (the Convention), which requires immediate action.
GDA Comment on delays to the implementation of the States – Jan 2018 fin…
July 2017
Business Disability Forum (BDF) reviews
the Business Disability Forum (BDF) undertook an audit to assess the States of Guernsey’s readiness for the proposed disability discrimination legislation, as both an employer and a service provider
June 2017
States of Guernsey action plan
Service areas within the States of Guernsey have been working through a series of actions as a result of audits completed by the Business Disability Forum (BDF) during 2017
January 2017
Disability Discrimination Legislation Project Team
The team included representatives from business, third sector and Government
More detail to follow
January 2017
Carers Report
PROVISION FOR CARERS IN GUERNSEY
January 2016
The Same-Sex Marriage (Guernsey) Law, 2016
January 2016
Guernsey Employment Trust
An SLA (Service Level Agreement) was entered into between the States of Guernsey and the Guernsey Employment Trust (GET) to assist employers to become prepared for the introduction of forthcoming disability discrimination legislation
January 2015
Disability Policy Implementation Group
Chaired by Peter Harwood, members including Louise Hall (Business Rep), Rob Platts (Disability Rep)
More detail to follow
January 2014
Building (Alderney) Regulations, 2014
The Building (Alderney) Regulations, 2014 came into operation in February 2014 having been made in January of the same year. These Regulations replaced the 1978 Regulations and provided Alderney with the same provisions in Part M as applied in Guernsey.
November 2013
x 2013 Convention on the Rights of Persons with Disabilities (CRPD)
In 2013, the States committed to seek extension of the UK’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) “at the earliest appropriate opportunity”
Little progress has been made in realising the Convention or in achieving extension of the UK’s ratification. Extension is dependent, amongst other things, on discrimination legislation being in place.
In July 2020 The States of Guernsey unanimously approved the proposals for Discrimination Legislation, which now go to the drafting stage, due 2022.
November 2013
The Disability and Inclusion Strategy
The Disability and Inclusion Strategy was was agreed by the States of Deliberation in November 2013. The Strategy aims to improve the quality of life of disabled Islanders and their carers through changing attitudes towards disabled people and carers so that they can be active and engaged socially, economically and culturally
November 2013
Equality and Rights Organisation (ERO)
following consideration of the DIS the States agreed: “To approve, in principle, the establishment of an equality and rights organisation, based on the Paris Principles, but defer the implementation of such an organisation dependent on: a business plan and any additional funding. An ERO is a statutory body which promotes equality and human rights and helps to protect individuals from discrimination and human rights violations
November 2013
UNCRPD
Following consideration of the DIS, the States directed the former Policy Council to seek the extension of the UN Convention on the Rights of Persons with Disabilities (CRPD) to Guernsey at the earliest appropriate opportunity
January 2013
2013 Discrimination (Jersey) Law
Discrimination (Jersey) Law 2013 phasing: (Source CAB Jersey)
- 1st September 2014 – the Law came into force providing protection initially against racial discrimination only
- 1st September 2015 – the further protected characteristics of sex, sexual orientation, gender reassignment and pregnancy and maternity came into force
- 1st September 2016 – protection against age discrimination
- 1st September 2018 – protection against disability discrimination came into force and gave two years for businesses to make reasonable adjustments to premises
- 2020 – businesses to make reasonable adjustments to premises.
January 2013
2013 Island of Equality or Oceans of Exclusion report
An extensive research report by Rob Platts evaluating more than 38 Jurisdictions Equality laws (updated 2014)
July 2012
Building (Guernsey) Regulations, 2012
The Building (Guernsey) Regulations, 2012 came into operation on the 1st July 2012 replacing the previous regulations and extended the provisions of Part M.
February 2012
Maternity and Paternity Provisions and CEDAW
The States debated the Policy Councils States report on Maternity and Paternity Provisions and the United Nations Convention on the Elimination of Discrimination against Women (CEDAW).
October 2011
2011 The States of Guernsey Strategic Plan
The States of Guernsey Strategic Plan, approved by the States on 12 October 2011, includes the following General Objectives for social policy:
January 2011
Disability Needs Survey -1st
In 2011 two disability needs surveys were undertaken.
The first survey looked at the number of people living with long-term health conditions or disabilities, as well as the number of carers. The survey provided information which informed the Disability and Inclusion Strategy.January 2011
Disability Needs Survey -2nd
The second survey looked at the experiences of disabled people and people who care for someone with a disability.
The survey provided information which informed the Disability and Inclusion Strategy.October 2010
UK Equality Act 2010
A new UK Equality Act came into force on 1 October 2010.It brings together over 116 separate pieces of legislation into one single Act.
The Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.
It provides Britain with a discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
The nine main pieces of legislation that have merged are:
- the Equal Pay Act 1970
- the Sex Discrimination Act 1975
- the Race Relations Act 1976
- the Disability Discrimination Act 1995
- the Employment Equality (Religion or Belief) Regulations 2003
- the Employment Equality (Sexual Orientation) Regulations 2003
- the Employment Equality (Age) Regulations 2006
- the Equality Act 2006, Part 2
- the Equality Act (Sexual Orientation) Regulations 2007
September 2006
Sept 2006 – The Commencement Ord for Human Rights Law
The Human Rights (Bailiwick of Guernsey) Law was brought into force on 1 September 2006.The law incorporates provisions set out in the European Convention on Human Rights into Bailiwick law. It also makes it unlawful for a public authority to act in a way which clashes with those provisions.
January 2005
2005 Convention on the Rights of the Child – approved 2020
In 2005, the States committed to request extension of the UK’s ratification of the Convention on the Rights of the Child.
Formal extension of CRC to Guernsey and Alderney was approved December 2020 (15 years later).
January 2005
The Racial Hatred (Bailiwick of Guernsey) Law, 2005
Following from the States resolution on the 23rd September 2003 the The Racial Hatred (Bailiwick of Guernsey) Law, 2005 came into force on the 23rd November 2005.
This legislation also forms part of the States obligation under The International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
January 2005
January 2004
September 2003
Legislation for Racially Motivated Crime
The States considered a report from the Advisory and Finance Committee on 24th September 2003 entitled Legislation for Racially Motivated Crime (Billet d’Etat XXI, 2003).
This lead to the drafting of The Racial Hatred (Bailiwick of Guernsey) Law, 2005 .
Read More:
September 2003
Proposals for Comprehensive Equal Status and Fair Treatment Legislation
States debated the Advisory and Finance proposals for Comprehensive Equal Status and Fair Treatment Legislation in September 2003.
January 2003
x 2003 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
In 2003, the States committed to seeking extension of the UK’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to Guernsey. Sixteen years later and this goal has not been achieved. In Guernsey, some of the most basic protections against discrimination on the basis of sex, sexual orientation and gender reassignment in the provision of goods and services, education and accommodation remain unavailable to Guernsey residents.
January 2000
2000 Human Rights (Bailiwick of Guernsey) Law
January 2000
The Equal Status Acts 2000-2018 (‘the Acts’)
Irish Human Rights and Equality Commission
The Equal Status Acts 2000-2018 (‘the Acts’) prohibit discrimination in the provision of goods and services, accommodation and education. They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community. In addition, the Acts prohibit discrimination in the provision of accommodation services against people who are in receipt of rent supplement, housing assistance, or social welfare payments.
January 1998
The Employment Equality Acts 1998–2015
The Irish Human Rights and Equality Commission
The Employment Equality Acts 1998–2015 outlaw discrimination in a wide range of employment and employment-related areas. These include recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment.
December 1993
United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
In December 1993, following the consideration of the Advisory and Finances report titled United Nations Convention on the Elimination of All
Forms of Discrimination against Women, the States resolved (inter alia):1. To condemn discrimination against women in all its forms.
2. (a) To instruct States Committees to take all reasonable steps to identify and eradicate any discrimination against women in legislation or practice and to present proposals to the State in that regard as and when practicable.
(b) To instruct the States Advisory and Finance Committee to report to the States on the progress being made in respect of Resolution 2 (a) not less than once every three years.
November 1992
Building Regulations – Part M Access and Facilities for Disabled People
Part M, access and facilities for disabled people, was introduced into the Building Regulations made on the 23rd November 1992 which came into operation in Guernsey on 1st March 1993. These Regulations replaced the 1957 regulations which had no provisions for access or facilities for anyone affected by disability.
May 1976
International Covenant on Civil and Political Rights (CCPR)
The International Covenant on Civil and Political Rights (CCPR) was ratified by Guernsey on the 20th May 1976, and came into force on the 20th August 1976.
The ICCPR provides in Article 2:
“1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”Read More…
January 1976
International Covenant on Economic, Social and Cultural Rights (ICESCR)
In 1976, The International Covenant on Economic, Social and Cultural Rights (ICESCR) was extended to Guernsey. Much of the Convention can be gradually realised. While some progress has been made, it is clear that insufficient progress has made on matters that do require immediate attention (e.g. non-discrimination), and the evidence suggests that there is no real commitment to realising other matters, such as equal pay for work of equal value, and full access to employment.March 1969
Convention on the Elimination of All Forms of Racial Discrimination (CERD)
The Convention on the Elimination of All Forms of Racial Discrimination (CERD) was Registered in Bailiwick on 18th March 1969 and came into force on 6th April 1969.
50+ years later, residents are still unable to exercise certain rights under that Convention, including the basic right of protection from discrimination on the ground of race.
October 1953
European Convention on Human Rights (ECHR)
The European Convention on Human Rights (ECHR) was extended to the Bailiwick on the 23rd October 1953.
December 1948
Universal Declaration of Human Rights (UDHR)
Following the Second World War the Universal Declaration of Human Rights (UDHR), a milestone document in the history of human rights was drafted. It was drafted by representatives from all over the world. The Declaration was proclaimed by the United Nations General Assembly in Paris on the 10th December 1948 (General Assembly resolution 217 A) as a common standard of achievements for all peoples and all nations. It set out, for the first time, fundamental human rights to be universally protected.
The United Nations Declaration of Human Rights provides in Article 1 that
“all human beings are born free and equal in dignity and rights”
and, in Article 2 says that
“everyone is entitled to all the rights and freedoms set forth in this declaration, without discrimination of any kind.”