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Women’s rights at risk after Brexit | Women’s rights at risk after Brexit |
(5 months later) | |
This week’s European summit marks a critical moment in the Brexit negotiations. Much attention has been focussed on arguments about trade and the economy but not enough on the impact leaving the EU will have on our rights. The UK is unique in Europe in not having a written constitution. Post-Brexit, we will be the only country in Europe where politicians will be free to remove and diminish hard-won rights, especially for women and minority groups. | This week’s European summit marks a critical moment in the Brexit negotiations. Much attention has been focussed on arguments about trade and the economy but not enough on the impact leaving the EU will have on our rights. The UK is unique in Europe in not having a written constitution. Post-Brexit, we will be the only country in Europe where politicians will be free to remove and diminish hard-won rights, especially for women and minority groups. |
Many employment and social protection rights are derived from the EU treaties and directives, as interpreted by the case-law of the European court of justice. For example, equal pay for work of equal value, parental leave, anti-harassment laws, properly paid holiday rights, working time and important features of our anti-discrimination provisions, including on pregnancy and maternity, have been introduced or substantially developed by the EU. | Many employment and social protection rights are derived from the EU treaties and directives, as interpreted by the case-law of the European court of justice. For example, equal pay for work of equal value, parental leave, anti-harassment laws, properly paid holiday rights, working time and important features of our anti-discrimination provisions, including on pregnancy and maternity, have been introduced or substantially developed by the EU. |
The importance of equality and social protections is being lost in the wrangles over customs and trade. Theresa May has already promised to leave the EU charter of fundamental rights with no British replacement lined up to ensure we don’t lose almost 50 years of protection. | The importance of equality and social protections is being lost in the wrangles over customs and trade. Theresa May has already promised to leave the EU charter of fundamental rights with no British replacement lined up to ensure we don’t lose almost 50 years of protection. |
Let’s not forget that marriage bars existed in some workplaces until the 1940s. Some of our grandmothers had to resign from their teaching jobs when they tied the knot. More recently, a woman could be dismissed for pregnancy. It was argued that this was not discrimination on the basis of sex, because a man could be dismissed for long-term illness. Now, it is illegal to choose a woman who is not pregnant over a pregnant woman when the pregnant woman is better qualified. Any disfavouring of a person because of pregnancy is direct sex discrimination. | Let’s not forget that marriage bars existed in some workplaces until the 1940s. Some of our grandmothers had to resign from their teaching jobs when they tied the knot. More recently, a woman could be dismissed for pregnancy. It was argued that this was not discrimination on the basis of sex, because a man could be dismissed for long-term illness. Now, it is illegal to choose a woman who is not pregnant over a pregnant woman when the pregnant woman is better qualified. Any disfavouring of a person because of pregnancy is direct sex discrimination. |
These are huge developments – and they are grounded in EU treaty rights. No state can remove or diminish them. Poland will try. Hungary will try. But as long as they are members of the EU, they will fail. | These are huge developments – and they are grounded in EU treaty rights. No state can remove or diminish them. Poland will try. Hungary will try. But as long as they are members of the EU, they will fail. |
Once the EU treaties and the charter of fundamental rights, with which all EU law and EU-derived law must comply, are removed from UK law, there will be nothing to stop politicians from diminishing rights that have taken many years to win, in a race to the bottom when it comes to employment practices. Indeed, some may be motivated by the power Brexit will give them to do this. | Once the EU treaties and the charter of fundamental rights, with which all EU law and EU-derived law must comply, are removed from UK law, there will be nothing to stop politicians from diminishing rights that have taken many years to win, in a race to the bottom when it comes to employment practices. Indeed, some may be motivated by the power Brexit will give them to do this. |
Even if the rights and protections we currently have are automatically absorbed into UK law by the withdrawal bill (and that is not the case because the government has removed the application of the charter of fundamental rights), parliament can in the future remove and diminish these protections. | Even if the rights and protections we currently have are automatically absorbed into UK law by the withdrawal bill (and that is not the case because the government has removed the application of the charter of fundamental rights), parliament can in the future remove and diminish these protections. |
The real risk to people from all walks of life of losing hard-won rights needs to be understood. This is why we believe people must be given the chance to vote on the final deal.Nina de Ayala Parker Women’s rights activistTulip Siddiq MP Labour, Kilburn and HampsteadJessica Simor QC Specialist in public/regulatory, EU and human rights lawFiona Millar Journalist and campaigner on education and parenting issuesNicola Horlick Investment fund managerLivia Firth Executive producer of 2015 documentary The True Cost, and Founder Green Carpet ChallengeGina Miller Business woman, transparency campaignerRuth Chapman Co-founder and co-chief executive of Matches FashionBonnie Greer Playwright, novelist, critic and broadcasterLayla Moran MP Liberal Democrats, Oxford West and AbingdonCaroline Criado Perez Feminist activist, journalistEloise Todd CEO, Best for BritainCherie Blair QCZoe Williams JournalistAmanda Levete Architect and businesswomanFarshid Moussavi Architect and businesswomanAlice Rawsthorn Design critic and authorTessa Milligan Campaigner and actressClare Moody MEP LabourRupa Huq MP Labour, Ealing Central and ActonRushanara Ali MP Labour, Bethnal Green and Bow, Senior fellow of the Young FoundationCaroline Lucas MP Brighton Pavilion and Green party LeaderAlison McGovern MP Labour, Wirral SouthRos Altmann Pensions expert and political campaignerHelena Kennedy QC Labour, House of LordsPatience Weatcroft Conservative, House of LordsScarlett Curtis Activist, Co-founder Pink ProtestNaomi SmithSchona Jolly QC Specialist in human rights and equalities lawSiobhan Benita 2012 London mayoral candidateTanja Bueltmann Professor of history, Northumbria UniversityGrace Campbell Activist, producer, Co-founder of the Pink ProtestAmelia Dimoldenbergh Journalist and comedianAlice Skinner Illustrator and visual artistElena Remigi Founder of the Limbo ProjectSusie Courtault Women’s rights campaignerMadeleina Kay Illustrator and political activistJessica Gottgens Political activistWomen Against Brexit | The real risk to people from all walks of life of losing hard-won rights needs to be understood. This is why we believe people must be given the chance to vote on the final deal.Nina de Ayala Parker Women’s rights activistTulip Siddiq MP Labour, Kilburn and HampsteadJessica Simor QC Specialist in public/regulatory, EU and human rights lawFiona Millar Journalist and campaigner on education and parenting issuesNicola Horlick Investment fund managerLivia Firth Executive producer of 2015 documentary The True Cost, and Founder Green Carpet ChallengeGina Miller Business woman, transparency campaignerRuth Chapman Co-founder and co-chief executive of Matches FashionBonnie Greer Playwright, novelist, critic and broadcasterLayla Moran MP Liberal Democrats, Oxford West and AbingdonCaroline Criado Perez Feminist activist, journalistEloise Todd CEO, Best for BritainCherie Blair QCZoe Williams JournalistAmanda Levete Architect and businesswomanFarshid Moussavi Architect and businesswomanAlice Rawsthorn Design critic and authorTessa Milligan Campaigner and actressClare Moody MEP LabourRupa Huq MP Labour, Ealing Central and ActonRushanara Ali MP Labour, Bethnal Green and Bow, Senior fellow of the Young FoundationCaroline Lucas MP Brighton Pavilion and Green party LeaderAlison McGovern MP Labour, Wirral SouthRos Altmann Pensions expert and political campaignerHelena Kennedy QC Labour, House of LordsPatience Weatcroft Conservative, House of LordsScarlett Curtis Activist, Co-founder Pink ProtestNaomi SmithSchona Jolly QC Specialist in human rights and equalities lawSiobhan Benita 2012 London mayoral candidateTanja Bueltmann Professor of history, Northumbria UniversityGrace Campbell Activist, producer, Co-founder of the Pink ProtestAmelia Dimoldenbergh Journalist and comedianAlice Skinner Illustrator and visual artistElena Remigi Founder of the Limbo ProjectSusie Courtault Women’s rights campaignerMadeleina Kay Illustrator and political activistJessica Gottgens Political activistWomen Against Brexit |
• Join the debate – email guardian.letters@theguardian.com | • Join the debate – email guardian.letters@theguardian.com |
• Read more Guardian letters – click here to visit gu.com/letters | • Read more Guardian letters – click here to visit gu.com/letters |
• This letter was amended on 29 June 2018 to correct the spelling of Rushanara Ali’s name, and because Ali is a senior fellow of the Young Foundation, not associate director as an earlier version said. | • This letter was amended on 29 June 2018 to correct the spelling of Rushanara Ali’s name, and because Ali is a senior fellow of the Young Foundation, not associate director as an earlier version said. |
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