<<

entitlements Benefits underthelaw, KEYWORDS: Beingequally subjecttothe law • Equalbenefitofthelaw • Students willbeable toexplain: OUTCOMES: placeanddisputeresolutionincourt situations suchasthework Studentswillunderstand • into receivingequalbenefitofthelaw andbeingequally subjecttothelaw Studentswillunderstand • OBJECTIVES: Literacy: FUNCTIONAL SKILLS: andreflective learners Effective participators PLTS: Lesson Two -LessonPlan challengingotherstudents’ orally Equality Before subjecttothelaw, Lesson Two: how theseconceptsareapplicable inreallife theconceptofequalitybefore thelaw, the Law

ideas and equal equalopportunities broken down 41 Lesson Two: Equality Before the Law 42 Lesson Two: Equality Before the Law different strands to this - firstly having equal benefit of the law and secondly being equally subjecttothelaw. secondly and law the of benefit equal having firstly - this to strands different We areto expand nowgoingontheideaofequalitybefore thelaw. There are two benefit from thelaw.) may be right to give them an extra benefit so that he/she has an to discussed in theprevious lesson–whereit somebodyhasaweakerstartingpoint, different characteristicsfromrememberus. (Although this thatwe theexception to expect thelawtobesameforusasthosearound uswhomayhavecertain or onelawfortherichandpoor. Ineverydaylife,wewouldgenerally expect, say, onelaw for ordinary people and one lawforpeopleinimportantpositions, would generally accept that we all live according to thesame law. We would not We haveexplored equalityasaconceptintheprevious lessonandthefactthatwe Read orparaphrasethefollowingforclass: 2.1 Introduction: EqualityBefore theLaw to not that and entitled to the benefit of laws equally In this the give we - Background for teachers 2.1.1 Introduction : EqualityBefore theLaw lesson, law have us or either

explored, students gaining an a advantage

will benefit we expect be introduced or or opportunity that a disadvantage in 1 .

Going general, to the that back concept

our we when again personal are that it to entitled comes the all characteristics should concept to to under being be of bound by bound fairness the subject should law. P In whatotherways mightemployers nottreatpeopleequally? Does MsOsmanfeel thatshewastreatedequally? Discuss: Ms Osmansaid: Telegraph , article Read broadcasting to be taken seriously astheygetolder.”broadcasting tobetaken seriously looking. What a lot of peopledon’trealiseis that it’s even harderforin women asIwastaken always seriously toldIwas tooglamorous andtooyoung- “Ironically, was in television being my biggest concern working when I started my age. heard never anything, if it’s because of buthasleft me wondering whichwas I notonlyrude time each Mysteriously, schedules. discussed even we cases Iwas andthatthey’dcall me back,I gottoldhow marvellous andinsome and radio television presenting jobs at the BBC and in the independent sector. for Each time interviews and auditions five for gone I’ve months, recent “In esedr ad qaiy Pitus o students for Printouts – Equality and Newsreaders STARTER2.1.2 ACTIVITY: the

following

entitled quotations “BBC forced metomove toChina”. from a news reader Why/Why not?

at the BBC Dec2009. quoted in

a Daily 43 Lesson Two: Equality Before the Law 44 Lesson Two: Equality Before the Law 2.2 EqualBenefitoftheLaw MAIN ACTIVITIES 1. Activity 1for thestudentstoreflectonwhattheyhave learned. If 3. 2.

Readthefollowing totheclassorparaphrase: there Ask studentsthefollowing question: Ask studentsthefollowing question: Are thereanyexceptions toequalentitlementbenefitsunderthelaw? potentially broken thelaw. has outcomewherethereis a disputeorwheresomeone to gettheright toequalaccessjustice,the right thatis, and capacity theequalopportunity examine will example,below,frequently.we For less with contact into come However, there are also benefits that we are entitled to under the law that we elsewhoapplies. everyone to basis equal an on considered be to right the benefit, have a we is and job example,apply for whenwe ajob,for considered to be that theopportunity daily lives, even where those benefits are not provided directly by the state. For to’ is a a benefitright under the law. We receive benefits under the law in our on. We to allthesethings.an equalright have Generally,‘have anything that we education, andsecondary healthcare, free statepensionsandso primary free regularly, with contact into example,for come we that benefits include These As we touched on in the last lesson, we all receive certain benefits under the law. What doyouthink‘equalbenefitofthelaw’mightmean? – Teacher-led introduction (5-10minutes) 2.2.1 EqualBenefitoftheLaw is little initial response to this question,

don’t

worry.

You may return to it after 2. 1. station. access tothebuilding andmake minorchangestothework employ at block Your In your groups: Example 1 withadisability? Didyou choosetheperson candidatefor thejob. Choosetheright uses awheelchair. use ofhislegsand Does nothave attitude. hard-working and Has afriendly degree. and auniversity working Has A. David the office. company Printouts for students 2.2.2 ACTIVITY 1: DisabilityandEmployment – and six a involves in

You are years an wants office using who of looking to experience hire uses a as Has nodisability. Seems lazyandgrumpy. degree. andauniversity ofexperience Has five years C. Eli computer, a a for someonewithgood a secretary new wheelchair, person

speaking of for

you on a Why/Why not? secretarial may the Has nodisability. hard-working. and Seems friendly office andgoodGCSEs. inan working experience of Has two years B. Anisha phone skills need job. and to and

The improve qualifications. attending job

is wheelchair in meetings an Ifyou office 45 Lesson Two: Equality Before the Law 46 Lesson Two: Equality Before the Law 1. inrestaurants. familiar withworking need someonewhoisable tomeetthephysical demandsofthejob, kitchen. boxes andfood tothebarand ofdrinks S/he willalsoneedtobeable tocarry between abusy kitchenandthecrowded tables, especially onbusy days. and crowded. Your wantstoemploy anewwaiter. restaurant In your groups: Example 2 2.

Does nothave useofhislegsandusesawheelchair. asacashierinrestaurant. Has worked asawaiter. working Has noexperience B. Tomasz Has nodisability. inthekitchenacafé. Has worked asawaiter. working Has noexperience A. Amaya Has nodisability. onafarm. Has worked asawaiter.Has noexperience C. Christoph Choose the rightcandidate for thejob. Did you choosetheperson withadisability? Why/Why not?

You ofwaitingwork, donotneedsomeonewithsomeexperience

The shiftscanbelongandphysically demandingfor waitingstaff,

The waiterwillneedtobeable tomove fastandcarefully

Your busy isvery restaurant food. andserving takingorders ispoliteand but you

candidate withadisabilitydifferently for thisreason? b. it oktotreatadisabled candidatedifferently for thisreason? becauseitwould beinconvenient station. tomake changes tothework a. 2. between 1. As aclass: In In Inreallife, Tell theclasswhatdecisionsyou madeandwhy. Example 1 Example 2 Example 1and2 anemployer may notgive candidateswithadisabilitythejob. , , thecompany may notgive thejobtocandidatewith thejobrequiresaphysically able person. ?

What arethedifferences Isitoktotreatthe

Is 47 Lesson Two: Equality Before the Law 48 Lesson Two: Equality Before the Law . (by able-bodied, In discrimination. would were In needs. a jobgenuinely hasparticular The discuss yourdecisionswithotherstudents. groups decide whoyou will offer the job to in each case and why. Afterwards, you will of thecandidatesfor eachjob. description of thejobandabrief a description Inyour Your for thejob. grouptaskistodiscussandselectthebestperson You will be given In each example, your group is from a company that is looking for a new employee. 2 toconsider. 1. discussion, for to the 3. 2.

Give thegroups5-10minutes for thegroupdiscussion. Ask Divide Example the Example teachers” ‘as discounting key he - Background for teachers 2.2.4 ACTIVITY 1: DisabilityandEmployment - Instructionsfor teachers(10-15minutes) 2.2.3 ACTIVITY 1: DisabilityandEmployment be exceptions the a here class’ to the unjustifiable

students encourage 1,

be 2,

students

and below Tell thestudents: is

the

questions. differently the for him to disabled therefore students to nature to equal for students and into feed establish

The the treated the entitlement groups man of back to an questions job) candidate the to identify is the employer their identify by able of is job key four the justifiable answers to justifiable to genuinely will areas would employer the benefits or fulfil lead treating five differences to the be to and and the differentiation draw under requires able the requirements (by does the class give class out to not between the

disabled each make into in not that being and law. the group a in constitute a

discuss the discussion of discussion.) (See claim treatment considered), Example man the employee Example “background for answers job differently unlawful unlawful 1 relating and where and In

1 that the be so or to 2. is agenuine needfor different treatment. underlying employment Even applying for ajobaswaiterwould not. secretarial Act In the 2010. without UK,

equal job Under principle situation, would reference treatment the of have

Act, equality through

to a in if claim not the the before this field considered for specific example, discrimination of the 4 employment

law, legislation

for students

with the limited against job, is that should provided

the exceptions governs the man be employer. for able applying equality by to where the 3 grasp Te man The Equality for in there the the an 49 Lesson Two: Equality Before the Law 50 Lesson Two: Equality Before the Law 2.3 BeingEquallySubjecttotheLaw 3. 2. 1. 4.

You may then readthefollowing totheclassorparaphrase: thefollowingWrite ontheboard: Ask studentsthefollowing question: Ask studentsthefollowing question: under thelaw. This means thatanyonewhobreaksthelawhas to face the is that weall have toanswerforThe general ouractions equally principle orwell-connected. not rich say, or well-connected, he is rich as he is as much at fault who is as someone It wouldnotbe If youdamagesomeone’sproperty, youwillhavetopaycompensationfor it. If youkillsomeoneunlawfully, youwillbepunishedfor it. Example: or compensatingsomeonefor lossordamagethatwehavecausedtothem. law, or apunishment andthereareusually consequences suchasawarning When wedon’t meet ourresponsibilities under the law, we arebreaking the that we do.law in everything We therefore haveresponsibilities under thelaw. that we do,the lawin everything ortoputit another way, wearesubjecttothe that the law doesn’t say we can’t do.to do everything We haveto comply with Again, thinking back to lessonone, wediscussedthefact that we areallowed What doyouthinkbeingequallysubjecttothelawmeans? law? is equallysubjecttothe that everyone Are thereanyexceptions totherule comply withlower standardsunderthelaw. were allowedto getaway peopleonlyhadto with breakingthelaworifsome back to the ideas we explored last lesson, it would be same consequencesandgothroughtheprocedures underthelaw. Going - Teacher-led introduction (10minutes) 2.3.1 BeingEqually SubjecttotheLaw fair if someone could getaway ifsomeone with his actions just because, unfair if some people law? and, b) you disagreed. a) asanadultwouldThe childhasthesameresponsibilityfor have. thecrime this crime. The this crime. The be for anadult. The child’s Statements toconsider–doyou agree ordisagree? Why? Are Work – Printoutsfor students 2.3.2 ACTIVITY 2: Crime, Civil Wrongs andEquality Choose asaclass, child child there as should should trial any one a discussthefollowing questionagain: class. in exceptions statement not receive court

Think go to should the about the your to same the same not group the rule prison be kind issues disagreed conducted that at point-blankrange. someone child stealshisgunandkills to shoot deer and so keeps a gun. The Her fatherisallowed underthelaw decides toactoutwhatshehasseen. violent computergames, andeventually, A 9-year oldchildhasbeenplaying Example 3 sentence of you everyone prison have with. in as as the discussed an an

is Explain equally adult adult same who who to way in subject the this committed committed as class it exercise to would why the 51 Lesson Two: Equality Before the Law 52 Lesson Two: Equality Before the Law b) you disagreed. a) should betreateddifferently before thelaw. Everyone a similarassaultonpoliceofficer. The committed asimilarassaultonpoliceofficer. The is notwell. The Statements toconsider–doyou agree ordisagree? Why? law? and, Are Work Choose asaclass, man man man there as should is has should any one not a discussthefollowing questionagain: different class. exceptions fully statement go receive

to Think responsible the characteristics same the about your to the same kind group for the rule the of prison issues but disagreed prison that assault this you sentence everyone him. injuring seriously and hewrestleshimtotheground, on patrolinhisneighbourhood police officerwhohappenstobe lock himup. by thepoliceandthattheywant convinced thatheisbeingfollowed and uncontrollable thoughtsis from mentalhealthproblems A 25-year oldman, Example 4 does as on have another with. not a police discussed

as is Explain mean Oneday, equally adult any officer other that to who whosuffers in subject the

heseesa this each because committed adult class exercise person to who why the he

be reliable. at thetimeisunlikely to that hewassomewhereelse despite thinkingthathisevidence the celebrity, The judgewhoispresidingover thiscaseisafanof the connections for car.parked A Example 5 law? Are and, b) you disagreed. a) someone whoisnotfamoushasdamagedproperty. The toavoid allthenegative infavour publicityshould try by ruling ofthecelebrity. of If people. at The treat peoplewhomwe know andlike differently. The we know andlike differently. The Statements toconsider–doyou agree ordisagree? Why? well-known compensation time he the Work negative Choose asaclass, judge there judge is judge celebrity time of found off Hedrives as the andsodecidestolethimoff to should any should should publicity of one a celebrity get to crash discussthefollowing questionagain: class. the should exceptions be for statement several give let crash

trust responsible and Think the that the drives a in be therefore damage lighter people the because a panic. other celebrity about treated to your witnesses carelessly the for punishment non-famous to group

The the he the could rule the say by off. has issues owner witnesses

accident the that It’s that disagreed who and not caused. normal judge he you to everyone crashes have people said of was the the the damaged are

have The with. the in been that celebrity. with celebrity well-known exactly might his discussed celebrity celebrity

is Explain we responsible them car equally treat not

It’s might into the car sues somewhere to uses have. normal was in and subject people same someone the this receive for

with his The respected class him, exercise that the way powerful whom to judge them asking a else why crash. the we else’s lot as at

53 Lesson Two: Equality Before the Law 54 Lesson Two: Equality Before the Law frommentalillness. those suffering being use After Different groupscanhave different examples. Divide knowledge ofthesystem. fault under The not oneofjustice. his than how bypass Example than theaverage adultwould beinthesamesituation. control judgement who capacity, actions do fact, (more is Examples either connections not

their not students a has of he the equally Equality -Background for teachers 2.3.4 ACTIVITY 2: Crime, Civil Wrongs and Equality -Instructionsfor teachers (15 minutes) 2.3.3 ACTIVITY 2: Crime, Civil Wrongs and normal the lenient) the the as of

have the treating would reduced less a students 5 answers 3 his the law students condition to process and shows individual subject the experience should understand behaviour member average treatment are treat 4 have these same above or have as linked a into of recognise to absent. affecting someone situation in a individuals the and adult decided of 6 starting mental the this show . small

We

under the to and the law. not law,

case Students person responsibility consequences could his situations public groups.

less where The through

he capacity whether the and point on put differently mental

does maturity law say judge other the who would.

him for the should Give that in the where exceptions to they not state these had above a has factors which wrongdoer

understand examples them would the In of class than know.

agree be caused treated may his general, the situations individuals the able depends discussion one actions, average such

responsibility probably The or or to law. the that

disagree

to or may him this, is children the celebrity as

The

more understand using damage is and

treatment involved on for adults in social not not consequences be to outcome a may mental example with unfair example have necessarily draw his different have of 5 is , status,

would or the while connections the no are the and lower may that because out capacity wrongdoers is less statements,

less children to wealth be necessary way therefore someone outcome ideas not different unfair. of discuss. at mental at and from their have they fault fault and on

so or or to In

pointthantheircounterparts. starting equality back Again to the the requires different wider equalising concept treatment of the equality of positions the individuals explored of those in in Lesson Examples who 1, have

where 3 a and less a more 4 advantageous can complete be linked 55 Lesson Two: Equality Before the Law 56 Lesson Two: Equality Before the Law 2.4 Conclusion order,supervision know offence 6 including in thecasegiven inthisexample(homicide). crimes serious with very the been 5 onthebasisofdisability. exceptiontotheprohibition ondiscrimination a permitted under 4 is illegalfor anemployer onthebasisofthischaracteristic. to discriminate 3 China-says-female-newsreader.html 2 to all, 1 Footnotes: http://www.telegraph.co.uk/culture/tvandradio/6709728/Ageist-BBC-has-forced-me-to-move-to- Children Under Disability Lord Being P criminal save totheextentthatobjective differences justifydifferentiation.’ older, down ananswer.student towrite Either that Schedule Bingham if able-bodied the he under what

is more equal, for example whensomeonehasadisabilityorischild. take into accountdifferent of individualstomake characteristics theirpositions 3. achieve equality. 2. differently before thelaw. 1. explained: Choose the statement which is closest to what you think this lesson has juveniles defence justice 2.4.1 Plenary 2.4.1 Plenary

did read a protected characteristic 1, he writes the not bedetainedinhospital. ororderthattheperson For everyone to receive equal benefit of the law,For everyone sometimes wehaveto treated exactlyshould be beforethe same to the lawinorder Everyone is different andsoto be fair,Everyone should be treated everyone

Part1, the was system. (between age is of know an following in ‘insanity’ doing

of s1(1) Chapter occupational requirement

10 Most what was are of the

set he juveniles the to deemed wrong. 5 age out was of the

Equality under of The in doing class

10 The the would incapable Rule Part and Act M’Naghten court or at of 18) 2, be write the which

Chapter for Law may of tried are time the having the that means still discharge Rules, in of restaurant

1, following treated a ‘the

the criminal Youth s6

a that laws person of commission the the different differently Court, responsibility job. of on person Equality

may the

The the

apart land treatment be of found board. from situation Act. found the should from at

This adults not crime,

all. Ask not on those therefore

Had means guilty, apply each throughout

this guilty or the charged

did make equally basis that of child falls not an is it a Unlawful – do somethingormust stopdoingsomething compensation Sue – Reduced responsibility– and provided Protected characteristic– Presiding (over acase)– Legislation – for areasonthat isobjective andreasonable Justifiable differentiation (in treatment) – Have arightto– orregulationssetdown bysubject torestrictions thelaw Equality before thelaw – Entitlement – thatrequiresalegalsolution parties Dispute – objective Discrimination – tobeemployed pension ortheopportunity – law the under Benefit Access tojustice– Lesson 2Glossary civil to partnership, start Equally subject to the law – the law provides, Equal benefit of the law – underthelaw others under used against thelaw; a pieceoflaw; legal something thatisduetoyou underthelaw for in the

inthiscontext, treating being a proceedings

the meanstousejusticesystemgetajustresult Equality pregnancy legal wronged in context acting asthejudgeinacase an tobeemployed for exampleapensionortheopportunity someone illegal the

characteristics this Act ofParliament; Act opportunity, and state against context, have to thelegalauthority 2010. or to maternity,

having or of to mean

These someone being enjoying get a

a

group lower asset the treating on a an

disagreement race, subject are: astatute the same order or level of benefits

else

age, basis someone people help standing from to of (a

disability,

of legal person the that of and the which differently affecting the same as (or responsibility the belief, court

others or law a it law constraints group an is

sex, the that equally institution), for illegal provides, to reassignment,

and of the receive reasons for people) to sexual and other breaking and of

discriminate, for

a being two usually that penalties benefit orientation. party example differently

marriage or are the equally to more must that not law get

as as a 57 Lesson Two: Equality Before the Law