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Is there a duty on public bodies like the Government to consider the impact of policies on pregnant women?

7 replies

edam · 19/07/2006 10:34

Thank you to everyone who posted suggestions on my previous thread! Very grateful. Told my mum how I got the info and she's asked me to consult wise MNrs on a related issue.

  • Is there any duty on public bodies to consider the impact of their policies on pregnant women, similar to the duty to consider the impact on ethnic minorities under race relations legislation?

I suspect there's no general duty, but is there one on policies that directly affect pregnant women?

My sister's a student nurse, appealing to a benefits tribunal because it turns out NHS students fall into a loophole which means they can't have their bursaries but can't have benefits either. Seems mad. But DWP says they are students and can't have benefits and DfE/NHS say you are not actively attending your course, pay your bursary back and don't have any more money.

You can only get benefits if you formally abandon your course so you can't ever go back. But that means pregnant women are prevented from completing their studies! How can that be right?

  • Does anyone know if the Human Rights Act bit covering right to education applies to adults, or just children? Just thinking the bit about forcing people to abandon their courses might be affected if it does apply to adults.

Thank you again!

OP posts:
edam · 19/07/2006 10:55

.

OP posts:
twocatsonthebed · 19/07/2006 10:59

I'm not an expert in this field, and I'm sure one will come along in a minute, but...

My understanding is that most cases regarding pregnancy fall under the Sex Discrimination Act - because it is discriminatory against women to sack them/act towards them differently because they are pregnant.

I don't see why this doesn't apply to public bodies as well - but I don't think your sister will get much sense out of a benefits tribunal on this basis. She would most likely have to take them to court/get a judicial review.

Although that sounds difficult, I think it's a really important case and so some good lawyers might take this on on a pro bono basis - so worth pushing for. Also worth seeing if you can get hold of any journalists in the area (Guardian Society etc) as it's something they might well want to cover.

waits for expert to arrive

edam · 19/07/2006 11:37

Cheers twocats.

OP posts:
SueW · 19/07/2006 11:40

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SueW · 19/07/2006 11:42

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SueW · 19/07/2006 11:45

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edam · 19/07/2006 11:55

Thanks Sue.

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