5. PREMISES
160. Part 4 prohibits discrimination, harassment
and victimisation in relation to the disposal, management and
occupation of premises. Certain exceptions exist to this general
prohibition. Clause 31 provides that discrimination on the basis
of marriage/partnership and age in this area is not prohibited.
We have received little written evidence on the exclusion of protection
against age discrimination in this context. The absence of protection
against discrimination on the grounds of marriage/partnership
outside the areas of employment and occupation is discussed above,
as is the absence of protection against harassment related to
religion or belief or sexual orientation in the disposal, management
and occupation of premises.[212]
161. Schedule 5 makes provision for additional
exceptions in relation to premises. This includes an exception
for premises which are 'privately sold', except for race discrimination
in the disposal of such properties, which is prohibited.[213]
Another exception exists for permission to dispose of premises
privately, where discrimination on the basis of religion or belief
or sexual orientation is permitted.[214]
A "small premises" exception also exists, with race
discrimination again prohibited in this context.[215]
We consider that these exceptions strike an appropriate balance
between protecting the right to equality and the rights to privacy
and freedom of association.
212 See paragraphs 61-68 & 106-118 above. Back
213
Schedule 5(1). Back
214
Schedule 5(1)(4). Back
215
Schedule 5(3). Back
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