Issue 33 August 2006 - The Commission for Equality and Human Rights, Part I
Note - Part II of this article appears in Issue 34 - link
Context
Since 2003 there have been discussions over the creation of a single equality body. This will now become a reality following the passing of the Equality Act 2006 which provides for the creation of the Commission for Equality and Human Rights (CEHR), therefore not just a single equality body but a human rights commission as well. This is similar to many other countries across the world which also have human rights and equality commissions, e.g. Australia, Canada and New Zealand to name but a few.
In addition to introducing the creation of the CEHR, the Equality Act also extended the provisions on equality around certain strands, thus providing better protection to members of those groups.
Background
In creating the CEHR the UK Government has consulted widely. A stakeholder Task Force helped to develop the detailed proposals for the Commission set out in the White Paper; and now a transition Steering Group is in place, including representatives from all major stakeholder groups and organisations. The Steering Group (in conjunction with a Specialist Transition Team) is advising Government on options for the organisational structure and infrastructure of the CEHR, strategic direction for its work, and the deployment of its workforce. Scotland was represented on the Task Force by John Wilkes of the Equal Opportunities Commission (Scotland) and Tim Hopkins of Equality Network, who represents Scotland on the Steering Group. The Specialist CEHR Transition Team, under the sponsorship of the Department for Communities and Local Government (DCLG), has the task of implementing the Equality Act 2006 to establish the CEHR. However, the team's function is to facilitate the planning and launch of the new body and it will not be part of the CEHR once it is created.
The Vision
Equality, diversity, and respect for the human rights and dignity of every man, woman and child are core values that define our lives in Britain. Equality is not a minority concern-it matters to every one of us. At some point in our lives, all of us face barriers that may prevent us fulfilling our potential, or participating fully in society.
Delivering prosperity for all means ensuring that every individual has the chance to achieve their potential free from prejudice and discrimination. Ensuring that everyone can participate in Britain's success is critical to its delivery. The new Commission for Equality and Human Rights will champion equality, diversity, and human rights as defining values of our society, encouraging all our institutions to operate for the benefit of every individual.
The CEHR will provide coherent, accessible advice and support for individuals on all discrimination issues and human rights. It will provide businesses with accurate, joined up advice and information in one place on all equality, and discrimination issues. It will work to make public services responsive to diverse needs, in line with the standards of the Human Rights Act; using its enforcement powers to tackle persistent discrimination and work for the whole person by addressing multiple causes of discrimination and disadvantage.
The Commission's extensive powers and duties allow it to operate both generically and specifically as appropriate. It could, e.g. seek to address inequalities in the provision of health care across the board while maintaining a focus on hate-crimes that are targeted at race, religion or belief and sexual orientation.
Since the introduction of the first anti-discrimination legislation 40 years ago, significant strides have been made towards building a society that embraces equal opportunities and celebrates difference, including the dramatic changes in social and economic roles that have taken place in the last four decades.
Despite these achievements, patterns of deep-rooted inequality persist or emerge during specific life events such as parenting, the undertaking of care responsibilities, or forced retirement from work. Fractures, divisions and discrimination remain. The consequences can be alienation and disadvantage amongst sections of society, a lack of participation in our democratic structures, a lack of respect for the dignity of each individual and growing tension in our communities.
We have some of the most advanced anti-discrimination legislation in the world, but like most other countries, we have our share of racism, prejudice, stigma, fear and mutual misunderstanding. Racial and cultural tensions can simmer under the surface. Hate crime, homophobic bullying and domestic violence are a terrible reality.
People of all ages, young and old, continue to be discriminated against in the wider society as well as in employment. Too many older people living in poverty and isolation are ignored and disabled people are often forced to pay unacceptable social and economic penalties. Of course, many people face multiple discrimination, e.g. black elderly women or gay Asian boys may find that the barriers they face to fair and equal treatment are compounded by layers of discrimination and prejudice.
Recognising that isolation, misunderstanding, fear, intimidation and segregation can be crucial elements of inequality or unjust treatment, the Commission's brief extends beyond tackling discrimination, to demonstrating and sharing best practice and promoting equality and human rights principles in public and private bodies. Using these principles, it will also seek to address tensions and promote good relations between individuals and between and within groups in their local communities.
The fundamental objective of the Commission, as summarised in the Equality Act, is to support the development of a society where:
· there is respect for the dignity and worth of every individual;
· there is respect for and protection of each individual's human rights;
· people's ability to achieve their potential is not limited by prejudice or discrimination;
· every individual has an equal opportunity to participate in society; and
· there is mutual respect between groups based on understanding and valuing diversity and on shared respect for equality and human rights.
Why Now?
Britain is changing. Changing demographics, globalisation and migration make us more aware of different identities, cultures, religions and beliefs. No one can ignore the changing relationships between men and women; new family patterns and structures or the changing needs of the labour market and public services.
We can respond to these challenges by taking refuge in the ways of the past; but a confident and principled society will build on its own core values to shape the future.
We can take pride in our traditions of tolerance, fairness and the rule of law. Such values find expression in many of our public services and in the legacy of our anti-discrimination legislation over the last 40 years.
The Government is committed to a comprehensive programme of reform that goes beyond tackling individual instances of discrimination, to create a new framework to challenge persistent patterns of discrimination and inequality, and promote and protect diversity, good relations (both between and within communities) and human rights.
This programme has three elements:
. the new Commission for Equality and Human Rights established by the Equality Act.
. The Equalities Review, chaired by Trevor Phillips, which is examining the root causes of persistent patterns of inequality and how they can be tackled. The interim report has been published and the final report will be available by the end of the year.
.The Discrimination Law Review, examining and reviewing the effectiveness of current anti-discrimination legislation with a view to streamlining and simplifying it so that rights and responsibilities are clearer, and so more effective - both for business and individuals. The work of the two reviews will lead to a new Single Equality Act in this Parliament bringing together legislation on discrimination into one place to tackle inequality at its roots.
There is a further element in Scotland, which will support and interact with the UK Government programme; this is the Scottish Commission for Human Rights, which may be created by the Scottish Parliament in 2006.
What Will the New Commission be Responsible for?
The Equality Act established the CEHR that will come into being in 2007. The work of two of the current Commissions, the Disability Rights Commission and the Equal Opportunities Commission will be integrated into the new Commission from the start, while that of the Commission for Racial Equality will be included by 2009.
From 2007 the new Commission will also promote equality and tackle discrimination in relation to sexual orientation, age, and religion or belief-areas that are not covered by the existing Commissions.
The CEHR will also, for the first rime, be charged with the promotion and protection of human rights, providing institutional support for the Human Rights Act. It will encourage public and (where appropriate) private bodies to comply with the principles that underline the Act, levering up standards by encouraging good practice based on respect for the dignity of each individual. The human rights values of tolerance, mutual respect and concern for others have been used to address tensions and conflicts between and within groups in many situations throughout the world. Through its human rights remit, the CEHR will promote equality and fairness for everyone.
The remit for human rights, however, is limited in Scotland to reserved issues only. The Scottish Commissioner for the Human Rights Bill, which is currently going through the Scottish Parliament, will deal with devolved human rights issues. The Equality Act acknowledges this by stating in s.7 that the CEHR will not act on any devolved human rights issue in Scotland without first seeking the permission of any body established by Parliament for the protection of human rights1 . It is anticipated that the SCHR and the CEHR will work closely together and their roles will complement each other. It is expected that the CEHR and SCHR will create a memorandum of understanding on working in Scotland to ensure best use of resources to achieve their respective strategic aims.
The Commission will cover England, Scotland and Wales. In Scotland and Wales there will be statutory committees responsible for the work of the CEHR. The Scotland Committee will oversee the work in Scotland and advise the CEHR on the exercise of its functions in Scotland2. It will also have delegated powers to provide advice and information in respect of the Commission's main duties3 and to monitor and advise the devolved government about the effect or likely effect of legislation. The Scotland Commissioner will chair the Scotland Committee. Each committee member will be appointed for two to five years. The Committee must be established before the CEHR assumes its duties4 . Where the CEHR plans to take an action which might affect people in Scotland it must consult the Scotland Committee. The Disability Committee will also operate in Scotland.
There will also, for the first time, be a regional presence able to work with groups like the existing Race Equality Councils, and other local organisations delivering on the ground, which the new Commission will be empowered to fund. In Scotland the CEHR will have its main office in Glasgow; however, it will also have a regional presence in Scotland.
What Can the New Commission do?
The new Commission will inherit all the powers of the previous Commissions, as well as acquiring new powers. It will be able to:
· provide information, advice and assistance on equality and diversity, human rights and good relations issues across the board;
· issue guidance and good practice that will help employers and service providers in the private and public sectors, voluntary organisations and trade unions embrace equality and human rights;
· conduct formal inquiries where there are persistent inequalities, human rights or good relations issues that need highlighting; and formal investigations where there is evidence of unlawful discrimination;
· give strategic support to individuals with antidiscrimination claims, intervene in cases where equality and human rights arguments need to be made, and judicially review decisions that contravene human rights or equality legislation and where necessary provide conciliation;
· consult all stakeholders in the formation of its strategic plan, reaching out to all sections of society through this new duty;
· publish a 'state of the nation' report every three years showing: where Britain is failing on equality and Human Rights; desired outcomes to work towards; and benchmarks for progress;
· monitor all hate-crime including cider abuse and hate-crime against disabled people;
· challenge prejudice against, and stereotyping of, particular groups;
· establish a regional presence that will address issues relevant to the daily lives of people at the grass roots level;
· promote good relations both within and between members of different communities, and use its regional network in these initiatives;
· provide grants to bodies working towards the objectives of the Commission;
· establish a strong evidence base and understanding of discrimination, to inform future policy development and best practice.
The powers, duties and functions of the CEHR are all applicable in Scotland with the exception of the human rights obligations relating to devolved matters.
How will the Commission work?
A new vision requires new ways of working that are flexible and proportionate. They need to be able to address the complex problems of discrimination and disadvantage that we face today.
The new Commission will be an independent influential champion whose purpose is to reduce inequality, eliminate discrimination, strengthen good relations between people and protect human rights. The CEHR will take an active role in helping to achieve change to benefit some of the most vulnerable and least well represented people in our society, but real social change comes when we find new ways of working together, new alliances, new understandings.
References
[1] Equality Act 2006 s.7(1)
[2] Equality Act 2006 Sch.l, s.l6
[3] Equality Act 2006 Sch.1, s.21
[4] Equality' Act 2006 Sch.l, s.l6(2)
Note - Part II of this article appears in Issue 34 - link