Kernow Rules!

Kernow Rules! 

The Cornish have been declared by the Government to be a national minority under the European Framework Convention for the Protection of National Minorities. 

Although, the Government have stated that it is without prejudice to whether or not the Cornish are a "racial group" under the Equality Act 2010.

However, the Equality Act protects against race discrimination. Race can cover nationality and national origins.

The case of Mandla v Lee [1983] (pre-Equality Act 2010) the Court defines a "racial group" as, inter alia: 

(a) a distinct community by reason of certain characteristics;

(b) having a long shared history and a cultural tradition of its own;

(c) originating from a common geographical origin;

(d) speaking a common language; 

(e) possessing a common literature;

(f) holding a sufficient combination of shared customs, beliefs and traditions deriving from a common or presumed common past; &

(g) sharing a historically determined and distinct social identity.

The Framework Convention for the Protection of National Minorities requires parties to protect the essential elements of the minorities identity (religion, language, traditions & cultural heritage) as well as the right to use his or her minority language in private and in public. 

Therefore, discrimination claims could be based on a claimant being Cornish.

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