Johnston v Chief Constable of the Royal Ulster Constabulary (1986

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This case is about a woman who was in the police in the United Kingdom.

The Secretary of State for Northern Ireland wanted only those with firearms training to remain in the police in Northern Ireland. Policewomen did not always get this training but men did. So the woman’s contract was not renewed.

 

The RUC said this ban was meet because if women carried guns they would be more likely to be assassinated. The terrorists had some moral scruple about shooting unarmed women but not about killing armed women. The public would dislike women being armed. The women could be disarmed by terrorists and these guns would then be used against the police.

The ECJ ruled that this was unfair gender discrimination. This woman must also have access to an industrial tribunal.  The Secretary of State could not make this decision on his own.

Gender discrimination can be allowed if it is pursuant to a legitimate aim and is proportionate.

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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