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14 January 2010 / Craig Rose
Issue: 7400 / Categories: Opinion , Human rights
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School of thought

The Supreme Court’s decision in R (on the application of E) v Governing Body of JFS [2009] UKSC 15, [2009] All ER (D) 163 (Dec) provides a fine example of the law of unintended consequences.

The Supreme Court’s decision in R (on the application of E) v Governing Body of JFS [2009] UKSC 15, [2009] All ER (D) 163 (Dec) provides a fine example of the law of unintended consequences.

When in 1976 the newly enacted Race Relations Act prohibited, for purposes specified in the Act, discrimination on “racial grounds” (s 1(1)) and provided that such grounds included “ethnic…origins” (s 3(1)), nobody could have imagined that those words would be held, 33 years later, to preclude Jewish schools from applying, in their admission policies, Orthodox Judaism’s age-old test for determining whether a child is Jewish. Yet that is precisely what the majority of the Supreme Court have decided.

The result produces an anomaly, and a discriminatory one at that. Like all other faith schools, Jewish schools remain free to give preference in their admission

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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