Equality and Human Rights
November 2009 Regional Discrimination Conferences, Winter 2009-2010
Over the coming few months the Working Together for Advice Project will be offering regional events on ‘Developing Discrimination Advice’. These are aimed at advisers both familiar and new to discrimination and equality advice, and offer training, resources and networking opportunities across organisations. More details and a booking form in the document below:
Regional Discrimination Conferences Winter 2009-2010.doc
November 2009 Treaty of Lisbon
Human dignity, freedom, democracy, equality, the rule of law and the respect for human rights: these are the core values of the EU which are set out at the beginning of the Treaty of Lisbon. They are common to all Member States, and any European country wishing to become a member of the Union must respect them. The Treaty came into force on 1st December 2009.
Treaty at a glance: The Treaty at a glance
Law Society Guide: Guide to Treaty of Lisbon.pdf
November 2009 Human Rights and Local Government Project
A Human Rights and Local Government Project was launched on 24th November 2009 in Westminster by the British Institute of Human Rights. The 18 month project will attempt to incorporate the principles of human rights directly into the work of local government, illustrate the benefits of incorporating human rights into policy and practice, and draw out policy recommendations for local authorities.
The Idea and Development Agency (IDeA) has commissioned the British Institute of Human Rights to work in partnership on the project, following the Equality and Human Rights Commission’s Human Rights Inquiry which examined the relationship between human rights and service delivery.
The project will consist of five smaller projects run for six months each in a different local authority. Each project will have a specific focus on areas such as housing, social care, and ethnic minorities, and BIHR will provide training to assist each local authority in their specific needs to implement practical approaches to human rights.
Article published in the Guardian Society on 28th October provides further information: The rights approach Guardian 28.10.09.doc
Link: British Institute of Human Rights
October 2009 Human Rights Joint Committee Report on the Equality Bill
The Human Rights Joint Committee report on the Equality Bill was published on 27th October 2009.
Link to the parliamentary pages: HRJC Report
HRJC Summary: Summary of Report 27.10.09.doc
Membership of the Committee: HRJC Members and Terms of Reference
October 2009 Beyond Tolerance - EHRC Sexual Orientation Project
During 2008 and 2009, the Equality and Human Rights Commission carried out extensive research into the experiences of lesbian, gay and bisexual people in Britain today. Their findings have been published in ‘Beyond Tolerance’ . The paper reports on what needs to be done to tackle the damaging discrimination and disadvantage lesbian, gay and bisexual people face and where organisations will need to focus in order to address the changes required.
The report: Beyond Tolerence.pdf
More about EHRC’s Beyond Tolerance Project
Commission has also produced six supplementary reports on a range of specific issues. Link to EHRC reports
Related research
EHRC Research report 36
‘Integration in the workplace: emerging employment practice on age, sexual orientation and religion or belief’ by Sue Bond and Emma Hollywood (Employment Research Institute, Edinburgh Napier University) and Fiona Colgan (Comparative Organisation and Equality Research Centre, London Metropolitan University) examines good practice in relation to recruitment, promotion or advancement at work based on the three equality strands of age, sexual orientation and religion or belief. The research evidence will form the basis of a good practice document on recruitment, promotion and advancement at work to be developed by the Commission.
The Report: Integration in the Workplace.pdf
August 2009 Poverty, inequality and human rights - Do human rights make a difference?
Research by the Joseph Rowntree Foundation published in September 2009 looks at how other countries have used human rights to tackle poverty and how this could be applied in the UK. It was written by Alice Donald and Elizabeth Mottershaw, associates of Global Partners and Associates (GPA),
The report covers:
Copy of the Report: Poverty Human Rights and Inequality Report.pdf
July 2009 EHRC Strategic Plan 2009 - 2012
On 16th July, the Equality and Human Rights Commission published its three year Strategic Plan setting out its priorities and work programmes to March 2012. The Commission has set out five strategic priorities for the next three years.
The Commission is committed to ensuring that the law works for individuals, breaking through injustice, making strategic interventions and supporting individual cases. It will also work with others to increase the availability of legal representation.
EHRC Press Release: Strategic Plan Press Release.doc
Summary of Strategic Plan: Strategic Plan Summary 2009-2012.pdf
EHRC Strategic Plan: Strategic Plan 2009-2012.pdf
EHRC Plans: What our plans mean for you.pdf
July 2009 Equality Bill as Amended
The Equality Bill completed its scrutiny by Public Bill Committee in the House of Commons on 7th July 2009.
Vera Baird, Solicitor General, welcomed two important amendments to the Equality Bill. This came on the day the Equality Bill was amended to make clear that treating a woman unfavourably because of pregnancy or maternity - at work or in shops and public services - is unlawful and cannot be justified. The Solicitor General said, ‘We are determined to strengthen the Bill to make it absolutely clear that discrimination against pregnant women and new mothers cannot be justified.’
A new ‘Dual Discrimination’ clause was also inserted into the Bill to allow people directly discriminated against because of a combination of two protected characteristics to make a claim. The Solicitor General said, ‘Protection against ‘dual discrimination’ is also a progressive step forward in fighting discrimination, giving people access to justice when they experience this particular type of discrimination which can be caused by stereotyped attitudes.’
In the final session, she said:
‘I am pleased that we have been able to take forward our debate in a rational and positive way. The Bill has been improved by scrutiny and by a number of amendments, although they were all the Government’s. However, I have agreed to consider five matters: whether to include various fire and rescue bodies in the socio-economic duty; the clarification, if necessary, of the asymmetric nature of disability protection in clause 13(3); the issue around the case of Malcolm and whether we need to make the protection in clause 14 clearer; the case for representative actions; and, very recently, whether to limit the use of pre-employment disability questionnaires.’
The Equality Bill will now go to the Report stage in the House of Commons, when all MPs will be given the opportunity to debate and propose further amendments to the Bill. The majority of the Equality Bill should come into force by Autumn 2010, subject to its progress through Parliament. This is the earliest anticipated commencement date following Royal Assent.
Clause 14 on Dual Characteristics: Duel Characterisitics.doc
Equality Bill as Amended: Equality Bill as Amended July 2009.pdf
The Bill went through the final Report stage in the House of Commons on 2nd December before to going to the House of Lords.
June 2009 EHRC Human Rights Inquiry
In November 2009, following their inquiry the Equality and Human Rights Commission published their Human Rights strategy and programme of action 2009-2012.
Human Rights Strategy: EHRC Human Rights Strategy.pdf
Press Release: EHRC Press Release 10.11.09.doc
Link to EHRC Human Rights
The Inquiry Report was launched on 15th June 2009 by Jack Straw, Lord Chancellor and Secretary of State for Justice. The research looked at the impact of the Human Rights Act over the last 10 years. It brought together evidence from almost 3,000 individuals and organisations including service providers, service users and advocacy groups, inspectorates, academics and legal experts politicians, the media and Government Ministers. The report makes a number of recommendations to help embed human rights in the public sector. They include:
Copy of the Research: Inquiry Report June 09.pdf
Summary of the Research: Inquiry Summary June 09.pdf
Survey of Public Perceptions: Public Perceptions Mori 06.09pdf.pdf
Public Sector Research (Case Studies): Public Sector Research.pdf
In addition to traditional in-depth research, public polling and focus group work, they convened a series of public evidence sessions to hear from witnesses.
Oral Evidence including evidence from the LCF: Oral Evidence 15.09.08 LCF.doc
There is a video montage giving an insight into four of the Case Studies. You can watch a more detailed video and find out more about each in the EHRC case study pages.
EHRC Human Rights Inquiry
April 2009 Equality Bill 2009
The Equality Bill was published on 27th April 2009 and aims to simplify the law. Nine major pieces of legislation and around 100 other measures will be replaced by a single Act written in plain English to make it easier for individuals and employers to understand their legal rights and obligations. The majority of the Equality Bill will be brought in to force in autumn 2010.
Key Changes
1. Introducing a new public sector duty to consider reducing socio-economic inequalities;
2. Putting a new Equality Duty on public bodies;
3. Using public procurement to improve equality;
4. Banning age discrimination outside the workplace;
5. Introducing gender pay reports;
6. Extending the scope to use positive action;
7. Strengthening the powers of employment tribunals;
8. Protecting carers from discrimination;
9. Offering new mothers stronger protection when breastfeeding;
10. Banning discrimination in private clubs; and
11. Strengthening protection from discrimination for disabled people.
In July 2009, the EHRC published a paper on ‘Positive Action’: EHRC_Positive_Action_Briefing.pdf
Government Press Release ‘Equality Bill will build a fairer and stronger Britain’ : GEO_Press_Release.doc
Link to the Government Equalities Office: GEO Equality Bill
Link to the Bill: Equality Bill 2009
EHRC Briefing: EHRC_Briefing_April_09.doc
The Bill had its second reading on 11th May and finished going through the Public Law Committee on 7th July. See above.
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