(1) This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of -
(a) Part 3 (services and public functions);
(5) For the purposes of this section, the day on which a woman gives birth is the day on which.
(a) she gives birth to a living child, or
(b) she gives birth to a dead child (more than 24 weeks of the pregnancy having passed).
(a) it is for the reason mentioned in subsection (2), or
(b) it is in the period, and for the reason, mentioned in subsection (3).
• A café owner must not ask a woman to leave his café because she is breast-feeding her baby.
• A shopkeeper must not refuse to sell cigarettes to a woman because she is pregnant.
(1) A county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to.
(b) a contravention of Part 4 (premises);
(c) a contravention of Part 6 (education);
(d) a contravention of Part 7 (associations);
(e) a contravention of section 102, 105 or 106 that relates to Part 3, 4, 6 or 7.
Thank you for your email about the Equality Bill.
UNICEF UK welcomes the breastfeeding provisions in the Equality Bill as we see them as an important step towards realising objective 5 of the Breastfeeding Manifesto to develop policy and practice to support breastfeeding in public. Legislation is only one part of the framework required to encourage a supportive environment for breastfeeding mothers however we believe these clauses send out a message that breastfeeding is an important and natural practice.
The Equality Bill is anti-discrimination legislation whereas the law that was introduced by Elaine Smith in 2005 in Scotland introduced a criminal offence which made it illegal to prevent a child being fed milk (artificial or breast) in a public place..
UNICEF UK welcomes legislative measures that lead to a more supportive environment for breastfeeding. For this reason, in 2005 we supported David Kidney MP’s attempt to introduce legislation in England and Wales that was similar to Elaine Smith’s Breastfeeding etc. (Scotland) Bill. His Bill did not become law however we continue to support attempts to promote and protect breastfeeding through legislation and other means.
It is true that if this Bill becomes law as it is, a café owner could ask a woman to leave the café, but this bill would make that request unlawful. This is not the same as what parents in Scotland have, which is an absolute right to feed a child under 2 years milk (breast or formula) in a public place. By welcoming this provision in the Equality Bill we are not suggesting that there is not more work to be done. Far from it, we are actively working to create a better understanding of the importance of breastfeeding in Parliament and Government. To coincide with National Breastfeeding Awareness Week we have published The UNICEF UK Baby Friendly Initiative: Improving the health of the UK through breastfeeding which outlines the barriers to breastfeeding as well as the work of the Baby Friendly Initiative to overcome these. It you would like a hard copy of this briefing paper please send me your address