An article examined the state of human rights protection in the European Union following the Treaty of Lisbon (which made the EU Charter of Fundamental Rights legally binding, and provided that the EU should accede to the European Convention on Human Rights). Human rights protection had became one of the most significant areas of EU law, exerting a crucial impact on the EU's relationships with its member states.
Source: Sionaidh Douglas-Scott, 'The European Union and human rights after the Treaty of Lisbon', Human Rights Law Review, Volume 11 Issue 4
Links: Abstract
Date: 2011-Dec
An article examined the sources of human rights in the European Union legal order.
Source: Robert Schutze, 'Three "Bills of Rights" for the European Union', Yearbook of European Law, Volume 30 Issue 1
Links: Abstract
Date: 2011-Dec
A think-tank report said that the government's impact assessment for the Equality Act 2010 relied on 'a series of spurious assumptions', and that the new legislation would probably destroy jobs rather than create them.
Source: Nigel Williams, Assessing the Damage: Assessing the Equality Act Impact Assessment, Civitas
Links: Report | Civitas press release
Date: 2011-Dec
A new book examined the co-operation on minority rights in Europe between the European Union, the Organization for Security and Co-operation in Europe, and the Council of Europe. Although co-operation had delivered largely positive change for accession countries, challenges remained for minorities in Europe and the regime's future operation.
Source: David Galbreath and Joanne McEvoy, The European Minority Rights Regime: Towards a theory of regime effectiveness, Palgrave Macmillan
Links: Summary
Date: 2011-Dec
An article examined the structure of the statutory provisions in the Equality Act 2010 (which introduced a new 'public sector equality duty' that harmonized earlier duties, and extended their coverage to include other protected characteristics). The courts had struggled to deal with the regulatory challenges presented by the equality duties: nor was it clear that a 'reflexive', rather than a 'command and control', approach was appropriate to achieve substantive equality.
Source: Sandra Fredman, 'The public sector equality duty', Industrial Law Journal, Volume 40 Number 4
Links: Abstract
Date: 2011-Dec
An article said that the changes made by the Treaty of Lisbon for the protection of human rights meant that the European Union was moving 'inexorably' to a general human rights competence. That competence, however, would necessarily be shared with the member states: worries about the Union over-reaching itself in this field were misplaced given the increased respect for the principle of subsidiarity in the Treaty.
Source: Robin White, A new era for human rights in the European Union?, Yearbook of European Law, Volume 30 Issue 1
Links: Abstract
Date: 2011-Dec
An article examined what conception of equality the European Court of Human Rights should embrace in order to adequately address the harmfulness of stereotypes, focusing on gender case law.
Source: Alexandra Timmer, 'Toward an anti-stereotyping approach for the European Court of Human Rights', Human Rights Law Review, Volume 11 Issue 4
Links: Abstract
Date: 2011-Dec
A report examined the relationship between equality work and work on human rights in Europe, and between the bodies with responsibilities in each of these areas.
Source: Equality Bodies and National Human Rights Institutions: Making the link to maximise impact, Equinet (European Network of Equality Bodies)
Links: Report
Date: 2011-Dec
An article examined how the governance-related role of the Fundamental Rights Agency of the European Union revealed a type of monitoring best understood as 'surveillance' – challenging the assumption that the agency was a 'beacon on fundamental rights' and a model of apolitical progress.
Source: Bal Sokhi-Bulley, 'The Fundamental Rights Agency of the European Union: a new panopticism', Human Rights Law Review, Volume 11 Issue 4
Links: Abstract
Date: 2011-Dec
The equality and human rights watchdog published its annual report for 2010-11.
Source: Annual Report and Accounts 1 April 2010 – 31 March 2011, HC 1599, Equality and Human Rights Commission, TSO
Links: Report
Date: 2011-Nov
A paper provided background information on the statutory human rights and equality bodies in Ireland, Northern Ireland, Scotland, and Britain, and analyzed the factors that had an impact on their operation.
Source: Colin Harvey and Sarah Spencer, Equality and Human Rights Commissions in the UK and Ireland: Challenges and Opportunities Compared, Centre on Migration, Policy and Society (University of Oxford)
Links: Paper
Date: 2011-Nov
A think-tank report said that Britain's equality laws were 'seriously flawed'. The associated costs of equalities monitoring amounted each year to hundreds of millions of pounds. A large proportion of these costs were associated with 'mindless data collection'. They had no obvious value for improving outcomes for disadvantaged groups and could weigh especially heavily on public sector organizations.
Source: Peter Saunders, The Rise of the Equalities Industry, Civitas
Links: Civitas press release | Telegraph report
Date: 2011-Nov
Researchers examined the equalities impact and socio-economic implications of the coalition government's localism and 'Big Society' agendas, and of policy reforms around welfare, health, and economic growth – focusing on the implications for voluntary and community sector organizations representing groups with protected characteristics. Policies had been developed without sufficient consideration of equalities issues: the equality impact assessments undertaken had been 'patchy', often paying insufficient regard to the requirements of the Equalities Act 2010.
Source: Matthew Jackson and Stuart Speeden, Open for All? The changing nature of equality under Big Society and localism, Centre for Local Economic Strategies/Centre for Local Policy Studies
Links: Summary
Date: 2011-Oct
A new book examined whether the European Union was moving towards diversification or standardization in terms of race, ethnicity, religion, gender, and class.
Source: Max Koch, Lesley McMillan, and Bram Peper (eds.), Diversity, Standardization and Social Transformation: Gender, ethnicity and inequality in Europe, Ashgate Publications
Links: Summary
Date: 2011-Oct
A new book examined the impact of increasing cultural diversity in Europe on prospects for the development of a shared European identity.
Source: Dieter Fuchs and Hans-Dieter Klingemann (eds.), Cultural Diversity, European Identity and the Legitimacy of the EU, Edward Elgar Publishing
Links: Summary
Date: 2011-Sep
An article examined the policy and law-making programmes of the devolved administrations in respect of the promotion of equality and human rights through the education system. The administrations had made some advances in embedding the promotion of equality and human rights in the policy framework covering the schools curriculum, teacher training, and inspections: notwithstanding this, a number of issues and shortcomings were identified.
Source: Paul Chaney, 'Education, equality and human rights: exploring the impact of devolution in the UK', Critical Social Policy, Volume 31 Issue 3
Links: Abstract
Date: 2011-Aug
An annual survey examined attitudes towards discrimination and positive action in Scotland. Only a minority of people in Scotland (28 per cent) felt that there was sometimes good reason to be prejudiced, while two-thirds felt that Scotland should do everything it could to get rid of all kinds of prejudice. Some sections of society – particularly those with lower levels of educational attainment and older people – were more likely than others to feel that prejudice was sometimes acceptable, and to express discriminatory views about particular groups.
Source: Rachel Ormston, John Curtice, Susan McConville, and Susan Reid, Scottish Social Attitudes Survey 2010: Attitudes to Discrimination and Positive Action, Scottish Government
Date: 2011-Aug
A think-tank report said that the Equality and Human Rights Commission contributed very little to meaningful equality, and should be abolished.
Source: Jon Gower Davies, Small Corroding Words: The slighting of Great Britain by the EHRC, Civitas
Links: Summary | Civitas press release | PCS press release | BBC report | Telegraph report
Date: 2011-Aug
The Government Equalities Office published its annual report for 2010-11.
Source: Annual Report and Accounts 2010-11, HC 1008, Government Equalities Office, TSO
Links: Report
Date: 2011-Jul
A new book challenged the narrative of the 'rise and fall' of multiculturalism. A coherent era of 'multiculturalism' had never existed.
Source: Alana Lentin and Gavan Titley, The Crises of Multiculturalism: Racism in a neoliberal age, Zed Books
Links: Summary
Date: 2011-Jul
A report contained a comparative review of the transposition of European Union directives on racial equality and employment equality into the national law of member states (plus Croatia, the Former Yugoslav Republic of Macedonia, and Turkey).
Source: Isabelle Chopin and Thien Uyen Do, Developing Anti-Discrimination Law in Europe: The 27 EU member states, Croatia, the Former Yugoslav Republic of Macedonia and Turkey compared, European Commission
Links: Report
Date: 2011-Jul
An article examined variation between member states in compliance with provisions of European Union laws, focusing on the Framework Equality Directive. Formal warnings by the Commission led to a better compliance record, while conflict in the Council did not affect the successful transposition of provisions.
Source: Asya Zhelyazkova and Rene Torenvlied, 'The successful transposition of European provisions by member states: application to the Framework Equality Directive', Journal of European Public Policy, Volume 18 Issue 5
Links: Abstract
Date: 2011-Jul
A report examined whether it was possible to have solidarity in a diverse society. It said that, rather than seeing growing diversity as a threat to the welfare state, a strong welfare state could in fact create a sense of shared identity and solidarity.
Source: James Gregory, Diversity and Solidarity: Crisis, What Crisis?, Runnymede Trust
Links: Report
Date: 2011-Jul
A report examined the main ethnic, cultural, and religious diversity challenges facing Europe. It identified the minority groups or migrant populations that posed the most important challenges.
Source: Anna Triandafyllidou, Addressing Cultural, Ethnic & Religious Diversity Challenges in Europe: A comparative overview of 15 European countries, European University Institute (Florence)
Links: Report
Date: 2011-Jun
The European Union's fundamental rights agency published its annual review for 2010. It called on the EU to address three major areas: the treatment of asylum-seekers, the social exclusion of the Roma, and personal data protection.
Source: Fundamental Rights: Challenges and Achievements in 2010, Fundamental Rights Agency (European Commission)
Links: Report | European Commission press release
Date: 2011-Jun
A discussion paper called for a radical rethink of the objectives of equalities policy. The coalition government had made significant changes: but it had 'little strategic vision', still less an understanding of how equalities could be used to inform other social policies. The paper suggested a 'capabilities' approach as a means of uniting the disparate strands of existing policy and using them to 'generate social value'.
Source: Holly Snaith, Equalities Policy Under the Coalition: Time for a New Approach?, Discussion Paper 1, 2020 Public Services Hub/RSA
Links: Paper
Date: 2011-Jun
A new textbook examined the concepts, theories, and issues associated with the implementation in organizations and the service environment of an equality, diversity, and discrimination ('EDD') agenda.
Source: Tony Morden, A Short Guide to Equality Risk, Ashgate Publications
Links: Summary
Date: 2011-May
A report (by a group of 'eminent persons') examined the challenges arising from the resurgence of intolerance and discrimination in Europe. It made a series of proposals for 'living together' in open European societies, and for improved relations between different ethnic and religious communities.
Source: Living Together: Combining diversity and freedom in 21st century Europe, Council of Europe
Links: Report | Council of Europe press release
Date: 2011-May
A new book examined the concept of 'intersectionality' and its impact on feminist studies. It considered the European adoption of the concept in different national contexts, through issues such as migration, identity, media coverage of sexual violence against men, and transnational livelihoods of postcolonial migrants.
Source: Helma Lutz, Maria Teresa Herrera Vivar, and Linda Supik (eds.), Framing Intersectionality: Debates on a multi-faceted concept in gender studies, Ashgate Publications
Links: Summary
Notes: 'Intersectionality' refers to the ways in which different forms of social inequality, oppression, and discrimination interact and overlap.
Date: 2011-May
An article examined the political context that had led to the rise of the equality and human rights agenda; the competing conceptualizations of equality, and their operationalization within social policy; and the progress that had been made towards achieving a more equal society.
Source: Sheila Riddell and Nick Watson, 'Equality and human rights in Britain: principles and challenges', Social Policy and Society, Volume 10 Issue 2
Links: Abstract
Date: 2011-Apr
An article examined the record of the Welsh Assembly Government in promoting equality and human rights since 1999. Although devolved legislatures had the potential to tailor equalities policies to meet local needs more effectively, progress might be arrested by context-specific factors.
Source: Teresa Rees and Paul Chaney, 'Multilevel governance, equality and human rights: evaluating the first decade of devolution in Wales', Social Policy and Society, Volume 10 Issue 2
Links: Abstract
Date: 2011-Apr
The European Commission published an overview of 19 research projects dealing with the issues of pluralism, religion, tolerance, and cultural values in European societies.
Source: Pluralism and Religious Diversity, Social Cohesion and Integration in Europe: Insights from European research, European Commission
Links: Report
Date: 2011-Mar
The Commissioner for Human Rights of the Council of Europe examined the roles that national structures for promoting equality could play in the field of equality and non-discrimination. Equal treatment legislation should be comprehensive, covering all grounds of discrimination: consideration should be given to explicitly identifying socio-economic status among the applicable grounds.
Source: Opinion of the Commissioner for Human Rights on National Structures for Promoting Equality, Council of Europe
Links: Opinion
Date: 2011-Mar
The government began consultation on proposals to 'reform' the Equality and Human Rights Commission. The government would clarify the Commission s core functions, allowing it to focus on 'the work that really matters'. It would also seek to improve transparency and value for money in the Commission's activities.
Source: Building a Fairer Britain: Reform of the Equality and Human Rights Commission, Government Equalities Office
Links: Consultation document | Hansard | GEO press release | EHRC press release
Date: 2011-Mar
A report examined the broad extent, major determinants, and possible causes of group-focused enmity in 8 European countries. About one-half of all European respondents believed that there were too many immigrants in their country.
Source: Andreas Zick, Beate Kupper, and Andreas Hovermann, Intolerance, Prejudice and Discrimination: A European report, Friedrich Ebert Foundation (Berlin)
Links: Report
Date: 2011-Mar
The government began a further consultation on a draft regulation implementing the public sector equality duty (effective from April 2011). It said that, in order to reduce 'burdens and bureaucracy' on public bodies, it was moving away from a process-driven approach to a focus on transparency. Public bodies would be free to do what was appropriate in their circumstances, and would be held to account by the public rather than by central government.
Source: Equality Act 2010: The Public Sector Equality Duty – Reducing Bureaucracy, Government Equalities Office
Links: Consultation document | Draft regulation | Hansard | GEO press release | TUC press release
Notes: The Equality Duty is a duty on public bodies (and others carrying out public functions) to promote equality and non-discrimination in respect of specified groups.
Date: 2011-Mar
An article examined the ethical dimensions of migrant welfare. It considered the extent to which differential forms of social citizenship might be associated with processes of civic stratification; and the 'ambiguous' nature of the economic, social, and cultural rights components of the international human rights framework.
Source: Hartley Dean, 'The ethics of migrant welfare', Ethics and Social Welfare, Volume 5 Issue 1
Links: Abstract
Date: 2011-Mar
Three linked articles examined the White Paper on intercultural dialogue published by the Council of Europe in 2008.
Source: Michalinos Zembylas and Vivienne Bozalek, 'The Council of Europe's White Paper on intercultural dialogue: an analysis using the ethic of care', Policy Futures in Education, Volume 9 Number 1 | Naomi Hodgson, 'Dialogue and its conditions: the construction of European citizenship', Policy Futures in Education, Volume 9 Number 1 | James Arthur, 'Intercultural versus interreligious dialogue in a pluralist Europe', Policy Futures in Education, Volume 9 Number 1
Links: Abstract (1) | Abstract (2) | Abstract (3)
Date: 2011-Mar
A report reviewed evidence on the impact of reduced public spending on equalities groups. It focused on job losses in the public sector; access to the types of public services that were funded by the Scottish Government; and welfare and tax issues that were reserved to the United Kingdom government (and hence were less likely to be of interest to the Scottish Government). The report concluded that equalities groups would be especially vulnerable to public spending cuts, as they were well represented in the public sector workforce and were also significant users of public services.
Source: Ronald McQuaid, Valerie Egdell, and Emma Hollywood, The Impact of Reduced Public Services Spending on Vulnerable Groups: Review of UK and international evidence, Employment Research Institute (Edinburgh Napier University)
Date: 2011-Feb
A paper examined the link between poverty and discrimination in Europe. It proposed initiatives designed to enable equality bodies and other players in the field of non-discrimination and equality to respond effectively to the challenge posed by the link.
Source: Addressing Poverty and Discrimination: Two sides of the one coin, Equinet (European Network of Equality Bodies)
Links: Paper
Date: 2011-Feb
A new book examined how and why the Equality Act 2010 came to be enacted, what it meant, what changes it could bring about in society – and what the Act would not do.
Source: Bob Hepple, Equality: The New Legal Framework, Hart Publishing
Links: Summary
Date: 2011-Feb
An article examined the concept of minority rights within European Union law, and its potential impact on the EU equal opportunities agenda.
Source: Olivier De Schutter, 'Recognition of the rights of minorities and the EU's equal opportunities agenda', European Anti-Discrimination Law Review, Issue 11
Links: Article
Date: 2011-Feb
A report examined multiple discrimination in European Union countries. People belonging to 'visible' minorities, such as Roma and people of African origin, were more likely to suffer multiple discrimination – that is, being discriminated against on more than one ground – than other minorities. Socio-economic factors such as living with a low income could increase the risk of experiencing multiple discrimination.
Source: Multiple Discrimination, Fundamental Rights Agency (European Commission)
Links: Report | FRA press release
Date: 2011-Feb
A briefing paper examined the opportunities for minority empowerment through democratic participation in the European Union economic instruments for regional development.
Source: Tove Malloy, Convergence in European Policy Making: What do Article 15 (FCNM) and the EU Regional Policy have in common?, Brief 23, European Centre for Minority Issues
Links: Briefing
Date: 2011-Jan
An article said that there was a case for (re)considering positive discrimination as a viable and necessary policy intervention to speed up the progression to equality in the workplace. It provided counter-arguments to the four main objections to positive discrimination: the failure to select the 'best' candidate, the undermining of meritocracy, the negative impact on the beneficiaries, and the injustice of reverse discrimination. It concluded that positive discrimination provided the necessary structural conditions in order for radical, transformative change towards equality to take place.
Source: Mike Noon, 'The shackled runner: time to rethink positive discrimination?', Work, Employment and Society, Volume 24 Number 4
Links: Abstract
Date: 2011-Jan
A report examined the ability of equality bodies within European Union countries to influence the interpretation of national and EU anti-discrimination law.
Source: Bjorn Dilou Jacobsen, Influencing the Law Through Legal Proceedings: The powers and practices of equality bodies, Equinet (European Network of Equality Bodies)
Links: Report
Date: 2011-Jan
The government published guidance on how the positive action provisions in the Equality Act 2010 would work.
Source: Equality Act 2010: What Do I Need to Know? A Quick Start Guide to Using Positive Action in Recruitment and Promotion, Government Equalities Office
Links: Guidance | GEO press release | Hansard | Personnel Today report
Notes: The 2010 Equality Act gave employers the option, when faced with two or more candidates of equal merit, to choose a candidate from a group that was under-represented in the workforce.
Date: 2011-Jan
A report for the equal rights watchdog examined the relationship between common pathways into politics and under-representation of groups protected by the Equality Act (2010).
Source: Catherine Durose et al., Pathways to Politics, Research Report 65, Equality and Human Rights Commission
Links: Report
Date: 2011-Jan
A briefing paper examined the increasing ability of national minorities to participate in the democratic process through European Union institutions.
Source: Tove Malloy, National Minorities in the 21st Century Europe: New discourses, new narratives?, Brief 24, European Centre for Minority Issues
Links: Briefing
Date: 2011-Jan
A new book examined the ways in which European Union law affected the protection of minority rights. Binding European standards only existed in the sphere of non-discrimination, and were at their strongest in the field of employment: as such, they affected only a small proportion of the canon of minority rights. But the EU did have a general competence to promote diversity and facilitate the redistribution of power and resources – essential underpinnings for minority protection.
Source: Tawhida Ahmed, The Impact of EU Law on Minority Rights, Hart Publishing
Links: Summary
Date: 2011-Jan