Combating fathers’ experiences of discrimination: an argument for the inclusion of “paternity” as a protected characteristic under section 4 of the Equality Act 2010 and a ground of discrimination under article 14 of the Human Rights Act 1998

Mathews, Manisha Susan (2023). Combating fathers’ experiences of discrimination: an argument for the inclusion of “paternity” as a protected characteristic under section 4 of the Equality Act 2010 and a ground of discrimination under article 14 of the Human Rights Act 1998. University of Birmingham. Ph.D.

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Abstract

Fathers are a marginalised sub-group within men who experience discrimination when they attempt to be actively involved in childcare. In the United Kingdom (UK), employment law treats fathers as lesser than mothers by providing fathers with limited leave entitlements to use to undertake higher levels of caring responsibilities. The perception of fathers as secondary to mothers in employment law has consequently influenced the further stigmatisation of men in caring roles inside the workplace, outside of the workplace and in the court system to an extent.

My thesis will argue that the mistreatment of fathers should be accurately defined as paternity discrimination. The specific discriminatory practices perpetuated against fathers are on the basis of their sex and parenting status. My thesis will also examine the limitations of the current state of equality legislation in Britain and the UK to protect fathers from discrimination. Mothers are afforded specific legal protection under the protected characteristic of “pregnancy and maternity” under the Equality Act 2010 (EA 2010). Similarly, in light of the incorporation of the European Convention on Human Rights (ECHR) into UK law by the Human Rights Act 1998 (HRA 1998), pregnancy discrimination is included within the meaning of sex discrimination under art.14 of the ECHR. However, fathers within the court system in England and Wales have continued to unsuccessfully rely upon “sex” as a protected characteristic under s.4 of the EA 2010 to tackle the discrimination directed against them.

This thesis will conclude that fathers need to be afforded specific legal protection through the addition of “paternity” as a protected characteristic under s.4 of the EA 2010 and a ground of discrimination under art.14 of the HRA 1998. If paternity discrimination fails to be sufficiently recognised under important pieces of equality legislation in Britain and the UK, the stigmatisation of fathers in caring roles will continue to persist.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):