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Explanatory Memorandum to Special Educational Needs and Disability (Northern Ireland) Order 2005

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    Commentary on Articles

    Part Iii – Disability Discrimination in Education

    Chapter 3 – General Qualification Bodies
    Articles 35 and 36: Meanings of discrimination and harassment

    73.These Articles define what is meant by unlawful discrimination and includes unlawful harassment. The application of a competence standard will not amount to less favourable treatment if it is applied equally to all persons and is a proportionate means of achieving a legitimate aim.

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