The three forms of discrimination in relation to sex and on the grounds of marriage apply equally to race. Whereas the definitions of sex and marriage are straightforward, what is meant by racial grounds, requires further explanation. If a decision is based on an individual's colour, race, nationality (or national origins, or ethnic origins) it is a decision based on racial grounds and could be discriminatory.

The meaning of 'ethnic origins' needs clarifying. It has been held that a group has an ethnic origin if it has certain characteristics:

• A long shared history; and
• A cultural tradition.

Additional relevant characteristics are:

• A common geographic origin or descent from a small number of common ancestors;
• A common language not necessarily peculiar to the group;
• A common literature peculiar to the group;
• A common religion different from that of the neighbouring or surrounding community;
• Being a minority or being in an oppressed or dominant group in a large community.

It has been held in the courts that Sikhs are an ethnic group, as are Jews and Gypsies, but at present Rastafarians have been held not to fall within what can be considered an ethnic group.

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