Racial Grounds: a Definition of Identity? 1

Abstract

This paper examines the meaning of ‘Racial Grounds’ in terms of legal definition and also the social implications which may stem from this. The UK legislation against racial discrimination shares some terminology with international and regional conventions and treaties but a broader definition is frequently extended to the latter. The UK definition of racial discrimination includes ‘race, colour, nationality and ethnic or national origin’. These terms are examined and some practical difficulties identified. Recent cases have suggested that to discriminate against someone on the grounds of his or her being English, Welsh or Scottish may not offend the Race Relations Act 1976. Such exclusion is against the spirit of the protection of human rights by international law and, the author suggests, is contrary to the commonsense interpretation of the legislation which has previously been followed.