юнит 5

UNIT 5. Human Rights Basics
Starting up
1. Let’s investigate the idea of Human rights / freedoms.
a) Write down some words and phrases related to Human
rights.
b) Divide into groups. With your group, discuss the following
statements. Which ones do you think are always true, which are
sometimes true, and which are never true? Explain why. In what
circumstances might these statements not be true?
2. When did people start to have human rights? Where does the notion
of human rights come from?
3. With your partner, read the quotation from the Magna Carta and
answer the questions below.
Magna Carta
No free man shall be seized or imprisoned, or stripped of his rights or
possessions, or outlawed or exiled. Nor will we proceed with force against
him. Except by the lawful judgment of his equals or by the law of the land.
To no one will we sell, to no one deny or delay right or justice.
1. Which human rights are covered in this extract from the Magna Carta?
2. Is there a group of people in society who are not mentioned in this
document? Who are they? Why is this, do you think?
3. Which other important human rights would you include if you had to
write a similar charter?
Main part
Listening
1. a)
In this video, tutor Genevieve White tells you what historic events led tothe
adoption ofThe Universal Declaration of Human Rights.
b)
You are going to watch a speech by the former First Lady Eleanor
Roosevelt: Address to the United Nations General Assembly On the
Adoption of the Universal Declaration of Human Rights, delivered 9
December
1948
in
Paris,
France.
She lays out the aspirations of the declaration with the hope that it will
become the "international Magna Carta". She emphasizes that the
declaration is not a binding treaty or law, but rather a moral standard of
achievement for all nations concerning basic principles of human rights and
freedoms.
You might find it helpful to follow the transcript, which you can find in the
Appendix.
http://www.americanrhetoric.com/speeches/eleanorrooseveltdeclarationhum
anrights.htm
https://www.youtube.com/watch?v=_6YNIXPGXKo
Take notes while watching.Highlight key phrases reflecting the content her
speech.
Use your notes to write an abstract to the video.
Vocabulary
Key terms and concepts.
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Task 1.
a) Match the words with their definitions.
1. inalienable
a) hearing in court to decide whether someone is
guilty or innocent of a crime
2. violate
b) being able to keep one’s own personal life a
secret
3. injustice
c) protect from harm
4. responsibility
d) freedom or power to act or think in the way one
chooses
5. trial
e) destroy or disobey a law or right
6. safeguard
f) unfair treatment
7. right to privacy
g) duty to act in a particular way
8. liberty
h) cannot be removed or taken away
b) Use one of the words from the list above to complete the following
expressions.
1. Everyone has a _____________ to protect the rights of others.
2. Documents such as the Magna Carta established the notion that we all
have _______________ rights, and nobody can take these from us.
3. It is illegal to ______________ someone’s human rights.
4. In some places, there are many examples of ________________, in spite
of international human rights legislation.
5. _______________ is one of the most fundamental human rights.
6. The right to a fair _______________ in court and to be judged by one’s
peers was established by the Magna Carta.
7. Amnesty International exists to _________________ human rights all
over the world.
8. “No person shall be deprived of his life or personal
_______________________ except according to a procedure established by
law”.
Task 2.Match each legal concept (1-27) with its definition (A-AA).
1)race
a) the same (adjective)
b) the things that you should be
2) political
allowed to have (noun)
c) a feeling you have that you have
3) slavery
done right or wrong (noun)
d) to have the right to do or have
4) constitution
something (verb)
e) difference (noun)
5) detention
f) a group of people with distinct
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physical characteristics or culture
(noun)
g) referring to government or party
politics (adjective)
h) having the legal power over
someone or something (adjective)
i) the act of limiting something
(noun)
j) the situation of being free (noun)
k) the situation of being a person
who belongs to someone and works
for them without payment (noun)
l) the situation of having to work
very hard for someone, usually in
poor conditions and with very time
or no pay (noun)
m) the buying and selling of people
against their will (noun: 2 words)
n) to say that something must not
happen (verb)
o) hurting someone badly so that
they are forced to give information
(noun)
p) causing fear, anguish and
inferiority (adjective)
q) the unfair treatment of someone
because of their colour, class,
religion, language, etc (noun)
r) the act of breaking a rule (noun)
s) the act of encouraging,
persuading or advising someone to
do something morally or legally
wrong (noun)
t) a court, often one which
specialises in a particular area of
law (noun)
u) basic, essential (adjective)
v) laws and principles under which a
country is governed (noun)
w) done at random, without reason
(adjective)
6) tribunals
7) violation
8) liberty
9) fundamental
10) equal
11) rights
12) conscience
13) entitled
14) obligations
15) degrading
16) impartial
17) jurisdictional
18) servitude
19) distinction
20) limitation
21) exile
22) torture
23) prohibited
24) slave trade
25) discrimination
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26) incitement
x) the act of keeping someone so
that he/she cannot escape or enjoy
freedom (noun)
y) the punishment of being made to
live in another country, or another
part of a country (noun)
z) not biased or prejudiced
(adjective)
aa) duty to do something (noun)
27) arbitrary
Task 3. Fill in the blanks in the paragraphs below, using the words
provided.
The Declaration of Human Rights
сharge, detention, discrimination, exile, freedoms, law, liberty, punishment,
race, remedy, rights, slavery, tribunal, free
Article 1
All human beings are born free and equal in dignity and rights.
Article 2
Everyone is entitled to all the rights and _________________ set forth in
this Declaration, without distinction of any kind, such as
_________________, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Article 3
Everyone has the right to life, ________________ and security of person.
Article 4
No one shall be held in __________ or servitude; slavery and the slave and
the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or ____________ .
Article 6
Everyone has the right to recognition everywhere as a person before the
________________ .
Article 7
All are equal before the law and are entitled without any
________________ to equal protection of the law.
Article 8
Everyone has the right to an effective ______________ by the competent
national tribunals for acts violating the fundamental rights granted him by
the constitution or by law.
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Article 9
No one shall be subjected to arbitrary arrest, __________________ or
____________ .
Article 10
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial _______________, in the determination of his
______________ and obligations and of any criminal ____________
against him.
Reading
1. Read the text and do the activities after it.
The United Nationsand Human Rights
The pursuit of human rights was the central reason for creating the UN,
World War II atrocities and genocide led to a ready consensus that the new
organization must work to prevent any similar tragedies in the future. An
early objective was creating a legal framework for considering and acting
on complaints about human rights violations. The UN Charter obliges all
member nations to promote “universal respect for, and observance of,
“human rights” and to take “joint and separate action” to that end. The
Universal Declaration of Human Rights, though not legally binding, was
adopted by the General Assembly in 1948. The Assembly regularly takes up
human rights issues.
The UN and its agencies are implementing the principles enshrined* in the
Universal Declaration of Human Rights. A case in point is support by the
UN for countries in transition to democracy, technical assistance in
providing free and fair elections, improving judicial structures, drafting
constitutions, training human rights officials. The UN has helped run
elections in countries with little democratic history, including Afghanistan
and East Timor. The UN is also a forum to support the right of women to
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participate fully in the political, economic, and social life of their countries.
The UN contributes to raising consciousness of the concept of human rights
through its covenants* and its attention to specific abuses through its
General Assembly, Security Council resolutions, or International Court of
Justice rulings.
The purpose of the United Nations Human Rights Council, established in
2006, is to address human rights violations. The Council is the successor to
the United Nations Commission on Human Rights, which was often
criticised for the high-profile positions it gave to member states that did not
guarantee the human rights of their own citizens. The council has 47
members distributed by region, each serve a three year term, and may not
serve three consecutive* terms. A candidate to the body must be approved
by a majority of the General Assembly.
The rights of some 370 million indigenous* peoples around the world is
also a focus for the UN, with the Declaration on the Rights of Indigenous
Peoples being approved by the General Assembly in 2007. The declaration
outlines the individual and collective rights to culture, language, education,
identity, employment and health, thereby addressing post-colonial issues
which have confronted indigenous peoples for centuries. The declaration
aims to maintain, strengthen and encourage the growth of indigenous
institutions, cultures and traditions. It also prohibits discrimination against
indigenous peoples and promotes their active participation in matters which
concern their past, present and future.
In conjunction with other organizations such as the Red Cross, the UN
provides food, drinking water, shelter and other humanitarian services to
populaces suffering from famine*, displaced by war, or afflicted by other
disasters. Major humanitarian branches of the UN are World Food
Programme (which helps feed more than 100 million people a year in 80
countries), the office of the High Commissioner for Refugees*with projects
in over 116 countries, as well as peacekeeping projects in over 24 countries.
Glossary
enshrine –toenclose in,to preserve or cherish as sacred
covenant –a usually formal, solemn, and binding agreement
consecutive–following one after another in a series, without interruption
indigenous –produced, growing, living, or occurring naturally in a
particular region or environment
famine –an extreme scarcity of food,a great shortage of food
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refugee –one that flees; especially: a person who flees to a foreign country
or power to escape danger or persecution
Task 1.Answer the questions.
1. What was the central reason for creating the UN?
2. When was the Universal Declaration of Human rights adopted?
3. What principles enshrined in the Declaration are being implemented by
the UN and its agencies?
4. What is the purpose of the United Nations Human Rights Council?
5. What does the Declaration on the Rights of Indigenous Peoples outline?
6. What does the Declaration on the Rights of Indigenous Peoples prohibit?
Task 2.Do the following statements agree with the information? Write
YES if the statement agrees with the information. Write NO if the
statement contradicts the information. Make these statements correct.
1. The Universal Declaration of Human Rights was adopted by the Security
Council in 1945.
2. The UN Charter obliges all member nations to promote respect for and
observance of human rights.
3. The UN does not support the rights of women.
4. The UN Human Rights Council was established in 2000.
5. The UN Commission on Human Rights was criticized for not taking up
human rights issues regularly.
6. The Declaration of Human Rights of Indigenous Peoples does not
promote the active participation in matters which concern their life
2.Read Articles 11-20 of the Declaration of Human Rights below.
Highlight a key phrase reflecting the content of each article.
Article 11
(1) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which
he/she has had all the guarantees necessary for his/her defence.
(2) No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
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Article 12
No one shall be subjected to arbitrary interference with his/her privacy,
family home or correspondence, nor to attacks upon his/her honour and
reputation. Everyone has the right to the protection of the law against such
interference or attacks.
Article 13
(1) Everyone has the right to freedom of movement and residence within the
borders of each state.
(2) Everyone has the right to leave any country, including his/her own, and
to return to his/her country.
Article 14
(1) Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrary deprived of his/her nationality nor denied the
right to charge his/her nationality.
Article 16
(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They
are entitled to equal rights as to marriage, and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
(3) The family is the natural and fundamental group unit of society and is
entitled to protection by society and state.
Article 17
(1) Everyone has the right to own property alone, as well as in association
with others.
(2) No one shall be arbitrarily deprived of his/her property.
Article 18
Everyone has the right to freedom of thought, conscience and religion: this
right includes freedom to change his/her religion or belief, and freedom,
either alone or in community with others and in public or private, to
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manifest his/her religion or belief in teaching, practice, worship and
observance.
Article 19
Everyone has the right to freedom of opinion and expression, this right
includes freedom to hold opinions interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
Article 20
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one shall be compelled to belong to an association.
3.Read Articles 21-30 of the Declaration of Human Rights below. The
right column gives a brief summary of these articles. Find their full
version in the left column.
Freedom
from
Article 21
Everyone has the right to take part in their interference in all of
country’s political affairs either by belonging to the the above rights.
government themselves or by choosing politicians
who have the same ideas as them. Elections should Right to desirable
take place regularly and voting should be a secret. work and to join
Every adult should have the right to vote and all trade unions.
votes should be equal.
Right to rest and
Article 22
The society in which you live should help you to leisure.
develop and to make the most of all the advantages
(culture, work, social welfare) which are offered to Right to adequate
you.
living standards.
Article 23
Every adult has the right to a job, and to receive a Right
to
social
salary that can support him/her and his/her family. security.
Men and women should get paid the same amount
of money for doing the same job. Anyone can join Duty to preserve
a trade union.
other people’s rights
and freedoms.
Article 24
Everyone should have the right to rest from work
and to take regular paid holidays.
Right to education.
Article 25
Everyone has the right to a good life, with enough Free elections and the
food, clothing, housing and healthcare. You should right to participate in
be helped if you are out of work, if you are ill, if government
you are old or if your husband or wife is dead.
Women who are going to have a baby should Right to participate in
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receive special help. All children should have the
same rights, whether their mother is married or
unmarried.
Article 26
Everyone has the right to go to school and should
go to school. Primary schooling should be free.
Everyone should be able to learn a profession or
continue their studies as far as people. Every-one
others from different races and backgrounds.
Parents should have the right to choose how and
what their children lean.
Article 27
Everyone should have the right to share in their
community`s arts and sciences. Works by artists,
writers or scientists, should be protected benefit
from them.
Article 28
There should be an order to protect your rights. It
should be both local and worldwide
Article 29
Everyone should have duties to other people.
Human rights should be observed and protected by
everyone in a spirit of mutual respect
Article 30
Nobody should take away these rights and
freedoms from us
the cultural life of the
community.
Right to peace and
other.
4. Read the textand match the information to the following headings.
You will need to use some of the headings more than once.
The International Court of Justice
The International Court of Justice is the principal judicial body of the
United Nations. Its seat is in The Hague (Netherlands). It began work in
1946, when it replaced the Permanent Court of International Justice which
had functioned in The Hague since 1922.
Below is some information about the court and its activities.
• Functions of the Court
• Composition
• The Parties in Cases between States
• Jurisdiction in Cases between States
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•
•
•
Procedure in Cases between States
Sources of Applicable Law
Advisory Opinions
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International Court of Justice
Headings
One of the roles of the Court is to settle in
accordance with international law the legal disputes Functions of the Court
submitted to it by States.
The Court decides in accordance with international
treaties and conventions in force, international
custom, the general principles of law and, as
subsidiary means, judicial decisions and the
teachings of the most highly qualified publicists.
The Members of the Court do not represent their
governments but are independent magistrates.
The advisory procedure of the Court is open solely to
international organizations.
The Court is competent to entertain a dispute only if
the States concerned have accepted its jurisdiction.
The other role is to give advisory opinions on legal
questions referred to it by duly authorized
international organs and agencies.
Only States may apply to and appear before the
Court.
The Court is composed of 15 judges elected to nineyear terms of office by the United Nations General
Assembly and Security Council.
After the oral proceedings, the Court deliberates in
camera and then delivers its judgement at a public
sitting.
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If one of the States involved fails to comply with it,
the other party may have recourse to the Security
Council of the United Nations.
The Court may not include more than one judge of
any nationality.
The judgement is final and without appeal.
Speaking
1. Place the rights below in what you consider to be the correct order,
from 1 (most important) to 10 (least important). Be prepared to give
reasons for your choices.
The right to
an
education
The right to
liberty
The right to
freedom of
expression
(including
freedom of
the press)
The right to
vote
The right to
privacy
The right to
choose who
to marry —
or not to
marry
The right to
a fair trial
The right to
freedom of
movement
The right not
to be
harmed by
others, to be
safe and
secure
The right to
work
Use the following expressions to organize your answer: ……. is of
more/less (greater/lesser) importance than ……..
…….. is of
little/great/fundamental/ paramount importance
……… is fairly
(un)important/inconsequential/ trivial/(in)significant/(ir)relevant compared
with …….
2. Read these five clauses from the Declaration of Human Rights.
Which one do you think is the most important?
- The Right to Equality. We are all born free. We all have our own
thoughts and ideas. We should all be treated in the same way.
- The Right to Trial. If we are put on trial this should be in public. The
people who try us should not let anyone tell them what to do.
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- The Right to Marriage and Family. Every grown-up has the right to
marry and have a family if they want to. Men and women have the same
rights when they are married, and when they are separated.
- The Right to Freedom of Thought. We all have the right to believe in
what we want to believe, to have a religion, or to change it if we want.
- The Right to Education. Education is a right. Primary school should be
free. We should learn about the United Nations and how to get on with
others. Our parents can choose what we learn.
© British Council
3. a) Divide into two - three groups. Read the scenario below, identify
which rights/freedoms are at risk in this scenario.
b) Subdivide into group a) and group b). Debate one side of the
scenario, acting as an advocate for the individual. Try to convince the
other group that your side of the argument is more important.
a Mr Nick O’Teen likes to go to his local bar and have a pint and a few
cigarettes with his friends. He doesn’t see why he should be made to stand
outside to smoke in winter when it’s cold. Surely he has the freedom to do
as he chooses and he can smoke indoors if he likes?
b Ms Lily Fragrant is a vehement anti-smoker. She enjoys going to bars, but
she hates the smell of tobacco on her clothes and hair, and furthermore, she
doesn’t want to breathe in all that nasty smoke - after all, it’s bad for her
health as well as everyone else’s.
c) Using the information discussed in class and your own ideas answer
the following guestions in writing:
People have rights, but they also have responsibilities. What responsibilities
do we have as citizens? Which are the most important of these, in your
view, and why?
4. Why is it important we have a Supreme Court?
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Cases heard by the highest court in the land:
Identifying significant ‘points of law’
Can you work out which specific human rightswere raised as points of
law in the following recent cases heard at TheSupreme Court, or its
predecessor, the Appellate Committee of the Houseof Lords (“The Law
Lords”)?
• The right to life
• The right not to be tortured or treated in an inhuman or degrading way
• The right to be free from slavery or forced labour
• The right to liberty
• The right to a fair trial
• The right to not to be punished except in accordance with law
• The right to respect for private and family life, home and correspondence
• The right to freedom of thought, conscience and religion
• The right to freedom of expression
• The right to freedom of assembly and association
• The right to marry and found a family
• The right not to be discriminated against in relation to any of the rights
contained in the European Convention on Human Rights
• The right to peaceful enjoyment of possessions
• The right to education
• The right to free elections
• Abolition of the death penalty (abolished in the UK in the 1960s).
1) Naomi Campbell sued
The Mirrornewspaper, which had printedphotographs of her
withoutpermission, coming out of a drugsrehabilitation centre. Her
lawyerstook the case all the way to theAppellate Committee of the House
ofLords after The Mirror won its case in the (lower) Court of Appeal.
Thenewspaper argued that publishing the story was in the public interest.
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2) A man from Iran and a man fromCameroon, who were asylumseekers,
wished to appeal against thedecision which denied them asylumin the UK.
They appealed on thegrounds that they were bothhomosexual and would
facepersecution in their home countries if sent back to their home
countries.Iran imposes the death penalty for homosexual practices and
Cameroonpunishes such practices with imprisonment.
3) A student took her case to the AppellateCommittee of the House of Lords
as shewas denied the right to attend her schoolwearing a religious form of
clothingknown as a Jilbab. She wished to wear thisform of clothing because
she found theschool uniform was too revealing andtherefore went against
her religious beliefs.
4) The ‘Countryside Alliance’, a pro-hunting group, wanted to challenge
thelegality of the Hunting Bill 2005which sought to outlaw huntingwith
dogs (particularly fox hunting,but also the hunting of deer, haresand mink
and organised harecoursing) in England and Wales
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3.Name
the
Articles
oftheDeclarationofHumanRightsthathavebeenbroken in the cases given
below.
1. Children between the age of 5 and 11 have to go to school, but their
parents must pay for it.
2. A man has his house broken into and his television stolen. He goes to the
police but they tell him to go away because they have more important things
to do.
3. Archie White, a magistrate, has his car stolen. The police arrest and
charge the man they think is responsible. The next day the man is taken to
court for an initial hearing. The chairman of the justices (the head
magistrate) in the courtroom is Archie White. He tells the members of the
public that they have to leave the courtroom.
4. Staff employed by Kaput Computers have to start work at 7 in the
morning and work until 7 in the evening, with only a half hour break for
lunch. They work from Monday to Saturday, and do not get paid leave.
5. A couple wants to have a baby. The government says that the country is
overpopulated and tells them that they cannot have a baby yet.
6. A new government tells all public servants that they have to become a
member of their political party. Anyone who refuse will lose their job.
7. John Doe is arrested because the police think he has killed someone.
Before his trial has begun, a popular newspaper publishes an article about
him (complete with photographs of his arrest) with the headline “Vicious
murderer John Doe caught!”
8. Two friends, one white and one black, have been threatened with
violence. They go to the police to ask for protection. The police agree to
help the white man, but not the black man.
9. A journalist writes a newspaper article explaining why he opposes his
country`s foreign policy. He is told by the government that he has become
persona non-grata, he must leave the country immediately and never return.
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10. A woman who lives in a capital city wants to visit her sick father, who
lives 200 km away. She is told that she cannot leave the city to visit him.
11. A poor man murders someone and is sent to prison. A rich man commits
a murder in similar circumstances but is allowed to go free.
12. A robber is sent to prison for 5 years. While he is in prison, the
government confiscates all his belongings, and then destroys his house.
13. A man travels to another country where he asks to stay because he is
frightened of remaining in his home country. He is immediately sent back to
the country he came from.
14. The Republic of Istanata has never given women the right to vote.
15. At a party, a woman tells a group of friends that she thinks the
government of her country is corrupt and incompetent. The next day she is
arrested and never seen again.
16. A newspaper editor dislikes a famous popular actress, he publishes an
article about her. The article describes the actress as ‘ugly, stupid and
unable to act.’
17. A group of about 200 people hold a meeting in a public building to
discuss their government’s policies. The police arrive and arrest them all.
18. The government intercepts, opens and reads one of their key opponent’s
letters and other mail.
19. A famous political author writes a book criticizing the police. She then
leaves her home to go on a tour to promote her book. While she is away, the
police start harassing her husband and children.
20. A husband and wife get divorced. The law in their country says that in
any divorce case the man automatically gets custody of the children.
21. A woman joins a trade union. The company she works for discovers this
and immediately dismisses her.
22. A man loses his job and cannot find work. His country does not offer
financial support for people who are out of work.
23. A 17-year-old boy murders someone a few days before his 18th
birthday. He is arrested, and six months later the case goes to court. His
country has the death penalty for murder if the murderer is 18 or over. The
judge sentences him to death and he is executed.
24. A policeman does not like the look of a young man sitting on a park
bench, so arrests him, takes him to the police station and puts him in a
police cell.
25. The police suspect that a man is a member of a terrorist organization.
They hit him, deprive him of food, water and sleep, and burn him with
cigarettes until he confesses.
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26. A poor man borrows money from a wealthy factory owner. He is unable
to pay the money back. The factory owner takes the man’s 12 year-old son
and makes him work in the factory to pay off the debt.
27. A new government closes all the churches, temples, mosques and
synagogues in its country, and forbids anyone from attending services there.
28. A family want to take a holiday abroad, and apply for passports. They
are told that they cannot have passports and cannot go abroad.
29. Mr. Smith and Ms Jones do exactly the same job for the same company.
They have the same qualifications and the same experience. Mr. Smith
receives $35000 a year, and Ms. Jones receives $28000 a year.
4. Look throughthe UK Supreme Court Annual Report 2017–2018.
Section three Performance report: Jurisdiction and casework. Cases
and judgements
https://www.supremecourt.uk/docs/annual-report-2017-18.pdf
Although every appeal heard by the UKSC is of importance, many also
attract considerable public interest owing to their impact on wider society or
legal interest because of the scope of the precedent set.
Choose one out of the most prominent cases determined by the Court
and write down a summaryof the case.
For example, you might find it interesting to get to know about the case
“Walker v Innospec Limited and others [2017] UKSC 47”.
An important case on discrimination on grounds of sexual orientation held
that the current law, which in respect of employees in civil partnerships
denied pension benefits accruing before 2005, when civil partnerships were
introduced, was contrary to European Union law and must therefore be
disapplied.
Mr Walker had worked for Innospec from 1980 until his retirement in 2003.
He had lived with his male partner since 1993. They entered into a civil
partnership in 2006 and are now married, but Innospec refused to confrm
that in the event of his death, it would pay the spouse’s pension under the
scheme to his civil partner.
The domestic law of the UK, now found in the Equality Act 2010, had not
properly transposed the prohibition ondiscrimination in the relevant EU
Directive. EU law did not impose a requirement on member states to
recognise same-sex marriages but, if a status equivalent to marriage was
available under national law, an employer must treat both equally. Unless
there would be unacceptable economic or social consequences of giving
effect to Mr Walker’s entitlement to a survivor’s pension for his husband at
the time this pension would fall due, there was no reason why he should be
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subjected to unequal treatment as to the payment of that pension, calculated
on the basis of all his years of service with Innospec.
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