Comprehensive Anti-Discrimination Act: Difference between revisions
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Revision as of 21:14, 13 February 2024
| Comprehensive Anti-Discrimination Act of 2015 | |
|---|---|
 | |
| An Act to make provision for legal protections against discrimination based on sexual orientation, gender identity, and expression in sectors including employment, housing, public services, and education | |
| Enacted by | Fjallting |
| Date commenced | 15 June 2015 |
| Legislative history | |
| Introduced by | Liberals |
| Third reading | 08 February 2015 |
| Status: In force | |
The Comprehensive Anti-Discrimination Act (CADA) is a landmark piece of legislation in Hverland that unifies various fragmented laws into a robust legal framework designed to prevent discrimination based on sexual orientation, gender identity, and expression. Passed in 2015, the CADA replaced, consolidated, and significantly expanded upon earlier laws, providing a comprehensive set of regulations governing issues of LGBT+ discrimination in sectors such as employment, housing, public services, and education. It also established strong penalties for hate crimes and hate speech directed at LGBT+ individuals and communities.
Historical background
Before the CADA, Hverland had various laws that provided partial protection against LGBT+ discrimination, such as the Equality Act, which was limited to employment and housing. The Criminal Code was amended in 2003 to make hate speech a punishable offense but was less comprehensive in its scope.
A wave of high-profile hate crimes in the mid-2000s catalyzed public opinion and increased pressure on the government to enact more stringent anti-discrimination laws. Various NGOs, advocacy groups, and activists collaborated in pushing for stronger legislation to protect the rights of LGBT+ individuals and other vulnerable communities.
Party positions
| Position | Political parties | |
|---|---|---|
| Supported passage | Albmotválgabealde | |
| Alternative | ||
| Centre Party | ||
| The Greens | ||
| Liberals | ||
| Social Democratic Party | ||
| Urban Progressives | ||
| Opposed passage | Conservative Nationals | |
| Moderates | ||
Provisions
- General anti-discrimination: Discrimination on the grounds of sexual orientation, gender identity, or gender expression is strictly prohibited in areas including but not limited to employment, education, and public services.
- Hate speech: Hate speech aimed at individuals or groups on the basis of their sexual orientation or gender identity is criminalized.
- Goods and services: Discrimination in the provision of goods and services based on LGBT+ status is illegal, carrying penalties that include fines and revocation of business licenses.
- Adoption rights: The Act grants equal adoption rights to LGBT+ couples, ensuring that they are not discriminated against during the adoption process.
- Education: Public schools are required to incorporate anti-discrimination education, specifically focusing on LGBT+ issues. Private schools are encouraged but not mandated to do so.
- Healthcare: The Act explicitly outlaws discrimination in healthcare settings, ensuring that LGBT+ individuals receive equitable treatment.
- Identification: Official government identification now includes an "X" gender option for individuals who do not identify as male or female.
Implementation and enforcement
The CADA includes measures for rigorous enforcement through specialized police units trained to handle hate crimes and discrimination cases related to sexual orientation and gender identity. It also mandates regular reviews of its efficacy and scope.
- Criminal penalties: Hate crimes and hate speech against protected categories are considered criminal offenses, with perpetrators facing significant fines and possible imprisonment.
- Specialized units: The police force has specialized units trained to handle cases related to hate crimes and discrimination against LGBT+ individuals.
Passage
| Party | Yes | No | Abstained |
|---|---|---|---|
| Liberals | 24 | - | 1 |
| Centre Party | 18 | 3 | - |
| Social Democratic Party | 20 | - | - |
| The Greens | 10 | - | - |
| Conservative Nationals | - | 9 | - |
| Moderates | 2 | 5 | 1 |
| Alternative | 5 | - | - |
| Other party or unaffiliated | 2 | - | 1 |
| Total | 81 | 17 | 3 |
Controversies
One of the most debated issues is the lack of compulsory LGBT+ education in private schools. Activists argue that leaving out private institutions perpetuates ignorance and discrimination.