Equality and Human Rights Commission
Human Rights and the Public Sector Equality Duty
The Equality and Human Rights Commission is a new resource which has been designed to help you easily find the guidance you need to meet your human rights obligations and to implement good practice in your sector.
We have produced this resource for people working in the public sector or in organisations carrying out public functions. Some of the resources will also be useful for advocacy organisations.
The resource currently contains reviews of 29 pieces of guidance. In this, the first phase of the resource, we have drawn together a range of good practice and learning material on human rights, both generic and from across the public sector - education, children's services, policing and criminal justice, health and social care - together with material on supporting the human rights of particular groups, such as older and disabled people and refugees and asylum seekers.
A key feature of the resource is that, rather than simply listing and linking to existing guidance, we have produced short, accessible summaries of each publication to highlight their key human rights messages and other essential information. Wherever possible, these summaries also highlight links between human rights and equalities.
These summaries have been produced on behalf of the Commission by the Human Rights and Social Justice Research Institute at London Metropolitan University.
Key messages
While the guidance we have reviewed here covers a wide range of issues and different areas of the public sector, there are a number of common and recurring themes that should be applicable to everyone.
- Positive obligations - The Human Rights Act means that all public authorities have an obligation to ensure that people's rights are respected in all that they do.
- Human rights as an aid to decision making - Human rights principles can strengthen decision-making at both corporate and service levels and help to prevent service failure. Human rights can provide an important 'check and balance' - helping to determine proportionate action, especially where the interests of different parties conflict.
- Proportionality - The principle of proportionality is at the heart of a human rights framework. This can be summarised as 'not using a sledgehammer to crack a nut'. It ensures that any restriction of a person's human rights is kept to a minimum.
- Assessing and managing risk - Human rights can be used to ensure that risk management practice is lawful, balances the interests of all those involved, and is proportionate. Human rights can be infringed when public authorities are excessively risk averse as well as when they fail to act to prevent risk.
- User and public involvement - The inclusion of service users, is an essential part of a human rights based approach.
- Equality and good relations - Viewing equality issues through a human rights lens can help to shift the emphasis from negative compliance to positive cultural change.
- Building a human rights culture - Leadership, senior level commitment and engagement, and effective training in human rights principles and practice are fundamental to any organisation committed to compliance with the Human Rights Act.
Read on for more information about these key messages.
Feedback
We will add to the collection over the coming months. If you know of any other guidance that might usefully be included, please email: hrguidance@equalityhumanrights.com
We hope that you find the resource helpful and easy to use. If you have any feedback please email: hrguidance@equalityhumanrights.com
Disclaimer
The content of this resource is for general information purposes and is not intended to constitute legal or other professional advice. Every effort has been made to make sure that the summarised information is correct. However, it is not intended to be an authoritative statement of the law. Neither its authors nor the Equality and Human Rights Commission can accept any legal liability or responsibility
Please click on the following link:
Public sector duties help schools to meet the needs of pupils
Equality and Human Rights Commission, 05 July 2011
The public sector equality duties are helping schools in England and Wales to improve outcomes for their pupils, according to research released today by the Commission.
Most schools (93 per cent) can describe something they have done to meet the disability equality duty which has contributed towards positive outcomes for pupils. For example, more than half of schools (54 per cent) have taken steps to make their facilities more suitable for disabled pupils, or have plans to do so.
Nine out of ten schools said they had made measurable progress in meeting the race equality duty, including organising cross-cultural events and tackling racist bullying. The majority (82 per cent) had taken measures to meet the gender equality duty, and had seen improved participation in clubs and activities by both sexes, for example. Gender equality appears to be the least well-developed area, with three in five schools (59 per cent) saying that they do not have an action plan with set targets for this.
Fewer than four in ten schools (38 per cent) were aware of the new public sector equality duty which was introduced earlier this year as part of the Equality Act 2010. This extends their existing equality duties for gender, race and disability into new areas. Limited progress has been made on equality issues like sexual orientation, gender re-assignment and maternity and pregnancy. This indicates that schools have a steep learning curve following the introduction of the new legislation.
Previous research by the Commission has highlighted key equality issues in education, including stereotypical subject and career choice for girls and boys, identity based bullying and disproportionate exclusions for different groups of pupils [1]. The Commission hoped to see many more schools expressing concern about these issues in their responses than actually did so [2].
Sheila Kumar, Group Director of Regulation at the Commission, said:
'This research shows that schools are thinking about the diversity of their pupils and how to meet their needs, and that they are seeking to improve outcomes for different groups. Schools have a vital role to play: the Commission's Triennial Review showed that inequalities distort educational outcomes, which in turn affect long term life chances.
'This is a clear indication that the new public sector equality duty can help schools make real progress in improving life chances for all pupils. It proves that the duty is not about ticking boxes – it's about concrete results.
'All schools – be they academies, free schools or comprehensives – now need to take this progress to the next level by taking a systematic approach and using the evidence available to tackle key inequalities and engaging with the new requirements in areas including religion or belief and sexual orientation.'
Ends
For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.
For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.
Notes to Editors
[1] EHRC (2010) Triennial Review; Tippet et al (2010) Prevention and Response to Identity Based Bullying.
[2] Schools were asked to identify one example of gender, race and disability equality that had contributed to measurable improvements in outcomes for pupils. Given that schools' responses were unprompted and ‘top of mind' at these questions, it is possible that schools were undertaking more equality-related activities than indicated by the research (including activities relating to these issues).
The research was undertaken by Ipsos MORI for the Equality and Human Rights Commission. It included telephone interviews with staff in 503 maintained primary schools, secondary schools, special schools and Pupil Referral Units in England and Wales, conducted between 7 June and 20 July 2010, as well as 11 in-depth interviews with schools and one full-day case study visit. The data were weighted by school type and region at the analysis stage to ensure the findings reflected the profile of maintained schools in England and Wales. Further information on the technical details can be found in the full report:
Please click on this link to see the report
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals