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Section 28 after the Human Rights Act

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Abstract:

In 1988, the infamous 'section 28' inserted a provision in the Local Government Act 1986, forbidding local authorities from the promotion of homosexuality. During 1999/2000, attempts were made in Scotland, and in England and Wales, to repeal and replace this provision. Whereas the Edinburgh Parliament was successful in this endeavour, political opposition in the House of Lords prevented repeal at Westminster. This article argues that section 28 must be removed because it is incompatible with the Human Rights Act 1998. In particular, it examines the evolution of Convention case-law in relation to issues of free expression, protection of family life, the right to education and non-discrimination.

Keywords: discrimination; education; free expression; homosexuality; human rights; sexual orientation

Document Type: Research Article

DOI: https://doi.org/10.1080/0964906032000145957

Affiliations: University of Leicester

Publication date: 2003-09-01

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