The LGBT community face discrimination across many policy areas, including housing. Prejudice and discrimination have affected their rights to access safe and affordable housing. Laws such as the Equality Act 2010 and the Human Rights Act 1998 empower them to enjoy their right to freedom, private life and family, and enjoyment of life. Courts and their case law principles engage and enforce anti-discriminatory practices against LGBT. Cases such as (Hall v Bull, [2013] 1 W.L.R. 3741 (2013), 2013; Rodriguez v Minister of Housing of Gibraltar, 2009 WL 4666936 (2009), 2009) are enforceable principles protecting rights of LGBT against discrimination in housing provisions and services. For civil engineering dissertation help, understanding the legal framework and case precedents related to discrimination in housing can provide valuable insights into addressing social justice issues within the LGBT community.
LGBT is the initial for lesbian, gay, bisexual, and transgender people. The LGB people face discrimination, disadvantage, harassment, and inequality in across different policy areas and experiences and fears of associated phobias. Assumption of heterosexuality norm and associated discrimination are prevalent (National Institute of Economic and Social Research, 2016).
Stonewall (2017) reported the prevalence of discrimination against LGBT community in housing services. One in ten LGBT people looking for a house or flat to rent or buy are discriminated against because of their sexual orientation and gender identity. They are denied even a visit to see the house or the flat and face discriminatory behaviour and hate (Stonewall, 2017).
Changing societal attitudes is challenging. The justice system must serve the needs of the society irrespective of the race, sexual orientation, gender or religion. Address the societal attitudes requires the involvement of education and a stronger national consciousness (Rivlin, 2017). Society is not free from prejudice and discrimination (Rivlin, 2015). For instance, many literatures have suggested that the older LGBT people perceive the older age care provisions including housing with extra care, domiciliary care, residential and nursing home provisions assume heterosexuality to be the norm associated with privileged heterosexual identities and as a site for prejudice and discrimination (Heaphy, et al., 2004; Almack, et al., 2010; Westwood, 2015; Guasp, 2011).
Public attitudes towards LGB people varies subject to the issues, for example adoption by same-sex couples, is viewed less favourable and negatively when compared with same-sex marriage (National Institute of Economic and Social Research, 2016). Regarding housing and issues of homelessness, LGBT people experience as well as expect discriminatory practice. Homophobic, biphobic and transphobic abuse is the major cause of homelessness among young people. (National Institute of Economic and Social Research, 2016).
LGBT people are likely to face problems when accessing suitable housing, including issues relating to sexual orientation and gender identity while issuing or re-issuing a home, temporary and shared accommodation, and privacy (National Institute of Economic and Social Research, 2016; Equality and Human Rights Commission , 2009). They are marginalised and may have the security and support of housing and the freedom to enjoy it (Nicholls, 2010).
The UK has passed key legislations that recognise the rights of LGBT people, including the Human Rights Act 1998; the Equality Act 2010, the Civil Partnership Act 2004, the Marriage (Same Sex Couples) Act 2013, the Gender Recognition Act 2004; the Civil Partnership Act 2004, and the Marriage (Same-Sex Couples) Act 2013.
Law reflects the diversity of family forms. However, it is observed that family practices are estranged from family law. As such, the law is only reflecting the diversity of family forms, but not regulating or normalising families. The activism of LGBT thus comes not from diverse families, but from their demand to respond to family values demand (Bunting, 2015).
The Equality Act 2010 is directly applicable with issues of equality and discrimination concerning LGBT community. This Act prohibits direct discrimination against a person that has a protected characteristic; associated discrimination against a person who is associated with a person with a protected characteristic (including sexual orientation), indirect discrimination that treats a person less favourably because of a a protected characteristic, harassment, victimisation, and discrimination by perception where a person discriminates another with the perception that the other person has a protected characteristic (Rivlin, 2012).
Such prohibition has an empowerment perspective that assumes the issues of power and powerless as an integral part of focusing on increasing the personal, interpersonal and political power of individuals to take action in improving their life situations (Dalrymple & Burke, 2006). Empowerment is necessary to increase control and uplift both the individual and the group. As for example, the many marginalised and oppressed groups, including the LGBT community, have been able to challenge oppressive practices and structures. For example, the Stonewall organisation has been challenging the discrimination face by gay men, lesbian and bixesual (Dalrymple & Burke, 2006).
Although the law is an empowering tool, there may be contradictions. The cases of ageing LGBT people and LGBT community facing housing issues mentioned earlier are examples (Heaphy, et al., 2004; Almack, et al., 2010; Westwood, 2015; Guasp, 2011). (Stonewall, 2017). These issues have equality and human rights implications engaging with Equality Act 2010 and the Human Rights Act 1998 (Westwood, 2017). The Law Commission Consultation Paper 2020 recognises the ineffectiveness of law stating that the law is not consistently applied in protecting rights of LGBT. This is related to the hate crimes (The Law Commission, 2020).
At the same time, there are developments that demonstrate the realisation of LGBT rights. For example, City Housing Co-operative, Brighton & Hove Community Land Trust and Co-operative Housing, Rosa Bridge Housing Co-operative and Stonewall Housing are positive development towards the realisation of LGBT rights. Growing global movement, such as the Inter- national Lesbian, Gay, Bisexual, Tram, and Intersex Association (ILGA) have brought the focus on LGBT rights (Giddens & Sutton, 2017).
These developments are signs that the LGBT communities are able to enforce their rights to freedom and enjoyment of life as provided in the Human Rights Act 1998 that gives effect to the European Convention on Human Rights. This Act gives effect to Article 8.1 and 8.2 that provide that everyone with the right to respect for their private and family life, home and correspondence and a public authority cannot interfere with this right; and Article 14 that provides for the enjoyment of rights and freedoms without any discrimination based on sex. Based on this legislative protection, LGBT people should not be discriminated against when it comes to their rights to housing. The LGBT Action Plan 2018 of the government is a positive sign that provides for funding, prevention of hate crimes and addressing discrimination among other safeguards (Government Equalities Office, 2018).
Judges play crucial role in the lives of individuals and the society. The common law is the set of legal principles set by the judges and have become a core part of the way of life applying the test of reasonable person to issues in a case (Rivlin, 2012).
The case, (Hall v Bull, [2013] 1 W.L.R. 3741 (2013), 2013) demonstrates how the courts enforces the human rights and anti-discrimination policies and practices. This case came to the Supreme Court on appeal from the Court of Appeal. The appellants, Mr and Mrs Bull, own a private hotel in Cornwall. They are committed Christians, who have the sincere believe that sexual intercourse outside traditional marriage is sinful. Their policy is that double bedrooms are available only to ‘heterosexual married couples. Mr Hall and Mr Preddy, the Respondents, are in a civil partnership. They booked a double room at the hotel online. However, by an oversight, Mrs Bull did not inform them of the policy. On arrival, they were informed of the policy. The claimants alleged discrimination either direct on the grounds of sexual orientation in contravention of Regulations 3(1)(3)(d) and 3(4) of the Equality Act (Sexual Orientation) Regulations 2007/1263 made pursuant to section 81(1) of the Equality Act 2006 or indirect discrimination. Regulations 3(1)(3)(d) and 3(4) provide for discrimination based on sexual orientation and equal status to civil partnership as same as the status of marriage. The issues in this case are: i) ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’; and ii) ‘Does it make any difference that the couple have entered into a civil partnership?. The Court of Appeal found the policy discriminatory based on sexual orientation. The Supreme Court dismissed the Appeal treating the policy to be direct discrimination. Civil partnership was indistinguishable from the status of marriage (Regulation 3(4)). Lady Hale stated that the appellants are free to manifest their religion and do not discriminate against nonbelievers as it is unlawful under the Equality Act 2010, and under Article 9 of ECHR. They can deny double-bedded rooms to same sex and unmarried couples if they also deny them to married couples (Hall v Bull, [2013] 1 W.L.R. 3741 (2013), 2013, p. 39). As per Section 3 of the Human Rights Act 1998, courts have to give effect to Convention rights.
Similarly, in the case of (Rodriguez v Minister of Housing of Gibraltar, 2009 WL 4666936 (2009), 2009), the issue was whether Housing Allocation Committee in Gibraltar discriminated against the appellant who was with her partner of 21 years by refusing an application for joint tenancy to same sex couple but allowing through their policy joint tenancy only of married or unmarried partners with a child in common. The Judicial Committee of the Privy Council held the refusal as indirect discrimination. It violates the Article 8 of ECHR right to private and family life, home and correspondence and prohibition provided under Article 14 of ECHR of discriminatory treatment. ECHR is applicable to Gilbraltar, which constitution has incorporated ECHR provisions including prohibition of discrimination (Sections 1 and 14) and rights to privacy of home and property (Section 7). The Privy Council Board stated that the Constitution of Gilbraltar has broader protection than the ECHR found in its Section 18(8)(a) that provides that a question regarding rights or limitations must consider the ‘jurisprudence of the European Court and Commission of Human Rights and the decisions of the Committee of Ministers’. As such, the Human Rights Act 1998 was held not to be applicable to the case. The Appellant and her partner cannot marry and cannot have children in common. Thus, the Board held that the policy impacted the Appellant with more severity than to other unmarried couples.
LGBT community face direct and indirect discrimination because of their sexual orientation and are often excluded from policy focus. The protection of rights of LGBT community lies with the legal empowerment through legislation such as the Equality Act 2010 and the Human Rights Act 1998, primarily with the private movements, such as those of Stonewall and other LGBT organisations and most important courts’ decisions that enforces the human rights law.
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The Law Commission, 2020. Reforms to hate crime laws to make them fairer, and to protect women for the first time. [Online] Available at: https://www.lawcom.gov.uk/reforms-to-hate-crime-laws-to-make-them-fairer-and-to-protect-women-for-the-first-time/ [Accessed 01 12 2021].
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