A report examined the process of seeking justice in discrimination cases in eight European Union member states (including the United Kingdom). It highlighted a number of the practical barriers faced by complainants and suggested some solutions.
Source: Access to Justice in Cases of Discrimination in the EU: Steps to further equality, European Union Agency for Fundamental Rights
Links: Report | FRA press release
Date: 2012-Dec
A new book examined how the European Court of Human Rights could improve the mainstreaming of diversity in its judgments.
Source: Eva Brems (ed.), Diversity and European Human Rights: Rewriting judgments of the ECHR, Cambridge University Press
Links: Summary
Date: 2012-Dec
An article examined two sets of policy documents that formed part of the 'equality and diversity agenda' leading to the formulation of the 2006 and 2010 Equality Acts. It identified the underlying definitions and discourses of equality and diversity that they deployed. In both cases, gestures towards recognizing the central importance of difference, and towards a more intersectional approach to those differences, were ultimately subverted by the liberal terms within which those challenges were understood.
Source: Irene Gedalof, 'Sameness and difference in government equality talk', Ethnic and Racial Studies, Volume 36 Number 1
Links: Abstract
Date: 2012-Dec
An article examined the construction of diversity 'discourses' in the United Kingdom, France, and Germany. The concept of diversity had no universal fixed meaning but was contextual, contested, and temporal. Temporarily fixed definitions and frames of diversity were path-dependent and shaped by the regulatory context.
Source: Ahu Tatli, Joana Vassilopoulou, Akram Al Ariss, and Mustafa Ozbilgin, 'The role of regulatory and temporal context in the construction of diversity discourses: the case of the UK, France and Germany', European Journal of Industrial Relations, Volume 18 Number 4
Links: Abstract
Date: 2012-Dec
The equality and human rights watchdog said that only one-half of the public authorities in England that it had assessed were responding fully to the requirement to publish equality information, such as the diversity of their staff and people who used their services.
Source: Publishing Equality Information: Commitment, engagement and transparency, Equality and Human Rights Commission
Links: Report | EHRC press release
Date: 2012-Dec
An article examined the concept of associative discrimination (discrimination that occurs when the discriminatory ground applies to a person, but another person is detrimentally treated in consequence) in United Kingdom and European law.
Source: Pierre de Gioia-Carabellese and Robert Colhoun, 'Associative discrimination in Britain and in the European Union: a still too elastic concept?', E-Journal of International and Comparative Labour Studies, Volume 1 Number 3-4
Date: 2012-Nov
A report presented the results from a special Eurobarometer survey on discrimination. It examined the following grounds of discrimination: gender; ethnic origin; religion or beliefs; age (divided into two subcategories: over 55 and under 30); disability; sexual orientation; and gender identity (being transsexual or transgender).
Source: Discrimination in the EU in 2012, Special Eurobarometer 393, European Commission
Date: 2012-Nov
The Prime Minister announced plans (subject to consultation) to place stricter conditions on judicial review applications in relation to government decisions. Applications would cost more, with less time put aside to to apply and fewer chances to appeal. He also announced the scrapping of equality impact assessments of new policy or legislation, calling them 'bureaucratic nonsense'. The Welsh Government said that it would continue to carry out equality impact assessments.
Source: Speech by David Cameron MP (Prime Minister), 19 November 2012 | Press release 22 November 2012, Welsh Government
Links: Speech | Downing Street press release | Hansard | MOJ press release | BPF press release | CFBT blog post | CPRE press release | Full Fact comment | IRR press release | Labour Party press release | NAVCA press release | NEF blog post | TUC press release | UKHRB press release | Welsh Government press release | BBC report | Guardian report | Public Finance report | Telegraph report
Date: 2012-Nov
A new book examined the extent to which women and migrant/minority groups were included or excluded in European public spheres.
Source: Birte Siim and Monika Mokre (eds), Negotiating Gender and Diversity in an Emergent European Public Sphere, Palgrave Macmillan
Links: Summary
Date: 2012-Nov
Three linked reports examined organizations' understanding of and responses to the Equality Act 2010.
Source: Kim Perren, Simon Roberts, Bruce Stafford, and Donald Hirsch, Evaluation of the Implementation of the Equality Act 2010: Report 1 – Organisational Approaches to Equality, Government Equalities Office | Kim Perren, Simon Roberts, Bruce Stafford, and Donald Hirsch, Evaluation of the Implementation of the Equality Act 2010: Report 2 – Awareness and Impact of the Equality Act, Government Equalities Office | Kim Perren, Simon Roberts, Bruce Stafford, Donald Hirsch, and Matt Padley, Evaluation of the Implementation of the Equality Act 2010: Report 3 – Disputes and Challenges, Government Equalities Office
Links: Report (1) | Report (2) | Report (3) | GEO press release
Date: 2012-Nov
A new book examined whether the overlap between the non-discrimination regimes of the European Union and the Council of Europe in the field of public employment might lead to conflicting case law.
Source: Sarah Haverkort-Speekenbrink, European Non-Discrimination Law, Intersentia
Links: Summary
Date: 2012-Oct
An article examined progress by the new devolved legislatures in applying the participative-democratic model of equality mainstreaming to policy-making. 'System openness' had afforded opportunities to engage in – and influence – policy work: but problems and shortcomings were also identified, signifying a 'disconnect' between the rhetoric and reality of mainstreaming.
Source: Paul Chaney, 'New legislative settings and the application of the participative-democratic model of mainstreaming equality in public policy making: evidence from the UK's devolution programme', Policy Studies, Volume 33 Number 5
Links: Abstract
Date: 2012-Oct
A report examined the challenges and opportunities facing national equality bodies in Europe, in the context of the economic and financial crisis.
Source: Equality Bodies: Current Challenges, Equinet (European Network of Equality Bodies)
Links: Report
Date: 2012-Oct
The human rights watchdog in Scotland examined the realization of human rights in Scotland in comparison with international standards. Although Scotland had made notable progress, it could do better. Outcomes for people were often inconsistent, and there were other 'gaps' that should and could be filled.
Source: Getting it Right? Human rights in Scotland, Scottish Human Rights Commission
Links: Report | Summary | SHRC press release
Date: 2012-Oct
A trade union report said that the coalition government was dismantling the infrastructure that supported those who suffered significant inequalities linked to their gender, race, disability, age, and sexual orientation. Important protections in the Equality Act 2010 were likely to be repealed because they were considered 'unnecessary or disproportionate burdens on business'.
Source: Two Steps Forward, One Step Back: How the coalition is dismantling our equality infrastructure, Trades Union Congress
Links: Report
Date: 2012-Sep
An article examined how far the emergence of public sector equality representatives represented a departure from a distinct radical model of union self-organization towards a more inclusive liberal model of equality based on abstract notions of 'fairness'.
Source: Sian Moore and Tessa Wright, 'Shifting models of equality? Union equality reps in the public services', Industrial Relations Journal, Volume 43 Issue 5
Links: Abstract
Date: 2012-Sep
A report said that a significant majority of people prioritized an equal and just society with strong values of equality as a goal, and that this proportion was slowly increasing – although it remained slightly lower than the European Union average. The evidence was unable to indicate a specific government effect on attitude change.
Source: Changing Attitudes to Equality: Key findings, Government Equalities Office
Date: 2012-Aug
A new book examined the ways in which multiple inequalities were being addressed institutionally in Europe, and identified the changing patterns of institutionalization. Using country-based and region-specific case studies it offered a comparative analysis of the multi-dimensional equality regimes that were emerging in Europe, and analyzed the potential that these had for 'institutionalizing intersectionality'.
Source: Andrea Krizsan, Hege Skjeie, and Judith Squires (eds), Institutionalizing Intersectionality: The changing nature of European equality regimes, Palgrave Macmillan
Links: Summary
Date: 2012-Jul
The equality and human rights watchdog published its annual report for 2011–12.
Source: Annual Report and Accounts 1 April 2011-31 March 2012, HC 357, Equality and Human Rights Commission, TSO
Links: Report
Date: 2012-Jul
Date: 2012-Jun
The equality and human rights watchdog published a formal assessment (the first of its kind) of the coalition government's 2010 Spending Review, examining the extent to which decision-making by ministers and civil servants had met legal obligations to consider the impact on equality. It found that in six cases (including removing child benefit from households with a higher-rate taxpayer) the Treasury had acted in accordance with the requirements under the equality duties. However, in three cases (including the introduction of a household benefits cap, and replacing education maintenance allowance with local discretionary funds), the watchdog said that it was unable to establish whether or not the decisions had been in full accord with the requirements. The watchdog called for: greater transparency in future reviews; the development of a common model of analysis to predict the likely equality effects of policy; and earlier use of the equality duties, to ensure better targeting of funds and greater value for money.
Source: Making Fair Financial Decisions: An assessment of HM Treasury s 2010 Spending Review conducted under Section 31 of the 2006 Equality Act, Equality and Human Rights Commission
Links: Report | Summary | EHRC press release | Fawcett Society press release | REF press release | Guardian report | Inside Housing report | Public Finance report
Date: 2012-May
The coalition government published a progress report on its equality strategy (launched in 2010 with an emphasis on a ' light-touch, common sense' approach). It said that it had reduced 'bureaucracy and red tape' by repealing ineffective equality legislation; and that it had broken down barriers to women's progress in the workplace through a number of positive initiatives.
Source: The Equality Strategy: Building a Fairer Britain – Progress Report, Home Office
Links: Report | Hansard | Home Office press release
Notes: Strategy (December 2010)
Date: 2012-May
An article examined the evolving relationship between the concept of discrimination in international labour law and the socio-economic phenomenon of inequality at work. Although non-discrimination was initially understood as a fairly limited legal principle mandating equal treatment for similarly situated individuals, it subsequently expanded to address indirect discrimination resulting from apparently neutral rules, standards, and practices at work. It had expanded further to take on group-based patterns of inequality at work related to the structural constraints of the market, the family, and community life, ultimately resulting in convergence between anti-discrimination law and legal initiatives to reduce class-based socio-economic inequality and poverty.
Source: Colleen Sheppard, 'Mapping anti-discrimination law onto inequality at work: expanding the meaning of equality in international labour law', International Labour Review, Volume 151 Issues 1-2
Links: Abstract
Date: 2012-May
The coalition government announced that a review of the public sector equality duty would be brought forward. It confirmed plans to abolish the duty on public bodies to promote socio-economic equality. It also announced (following consultation) that it would take steps to 'reform' the equality and human rights watchdog – including scrapping 'vague, unnecessary and obsolete' functions, appointing a new chair, and introducing tighter performance and financial controls.
Source: Written Ministerial Statement 15 May 2012, columns 28-29WS, House of Commons Hansard, TSO
Links: Hansard | Home Office press release | Disability Rights UK press release | Fawcett Society press release | IER press release | Labour Party press release | Mind press release | PCS press release | BBC report | Guardian report | Telegraph report
Date: 2012-May
An article examined the development of affirmative action and equality policies targeted at the two main ethno-national communities in Northern Ireland, as an example of 'contextualized equality'.
Source: Colin Harvey, 'Contextualised equality and the politics of legal mobilisation: affirmative action in Northern Ireland', Social and Legal Studies, Volume 21 Number 1
Links: Abstract
Date: 2012-Apr
The Welsh Government published a strategic plan for promoting equality for the period 2012-2016.
Source: Strategic Equality Plan and Objectives 2012-2016, Welsh Government
Links: Strategy | Welsh Government press release
Date: 2012-Apr
A report gave an overview of the protection from discrimination under the main human rights treaties of the Council of Europe. It sought to identify aspects of that protection that could influence the outstanding questions of interpretation of European Union Directives relating to equal treatment between persons irrespective of racial or ethnic origin, equal treatment in employment and occupation, and equal treatment between persons irrespective of religion or belief, disability, age, or sexual orientation.
Source: Olivier De Schutter, The Prohibition of Discrimination under European Human Rights Law: Relevance for the EU non-discrimination Directives – An update, European Network of Legal Experts in the Non-Discrimination Field (European Commission)
Links: Report
Date: 2012-Apr
An article examined the potential for 'new actors' in industrial relations to use developments in equality law to challenge government economic policy. It drew on documentary analysis of the Fawcett Society's attempt to gain a judicial review of the coalition government's 2010 emergency Budget alongside legal theory in relation to reflexive regulation and literature that examined 'new actors' in industrial relations. It considered the role of the state and social movements in pursuing gender equality, and how the latter might compete with or complement the role of trade unions. Although reflexive legislation provided opportunities for social movements to complement trade union activity, the role of the state remained contradictory, ultimately thwarting legal enforcement of equality when its economic authority and the interests of capital were threatened.
Source: Hazel Conley, 'Using equality to challenge austerity: new actors, old problems', Work, Employment and Society, Volume 26 Number 2
Links: Abstract
Date: 2012-Apr
An article examined recent developments in anti-discrimination law in Europe and the United States of America. In Europe, anti-discrimination norms were proliferating within both the European Union and the Council of Europe systems, and elaborate networks and programmes of implementation were being established and funded. The grounds of discrimination were widening, the norms were being strengthened, and the new laws were being actively litigated.(In the USA, by comparison, decades of social and political backlash had significantly weakened the corpus of anti-discrimination law.)
Source: Grainne de Burca, 'The trajectories of European and American antidiscrimination law', American Journal of Comparative Law, Volume 60 Issue 1
Links: Abstract
Date: 2012-Feb
An article examined and compared the approaches taken by the two leading human rights bodies of the Council of Europe (the European Court of Human Rights and the European Committee on Social Rights), focusing on their case law on disability and the education rights of Roma children. Although there were still important differences between the two bodies' approaches, their growing body of reference jurisprudence showed interesting signs of convergence and cross-fertilization.
Source: Samantha Besson, 'Evolutions in non-discrimination law within the ECHR and the ESC Systems: "It Takes Two to Tango in the Council of Europe"', American Journal of Comparative Law, Volume 60 Issue 1
Links: Abstract
Date: 2012-Feb
An article examined the recent evolution of European Union equality law, and the equality law of single European countries. Increased attention had been given to the procedural and institutional preconditions for effective protection against discrimination. In this context, the creation of public bodies specially tasked with the promotion of equal treatment (equality institutions), which used to be a specific feature of only some European countries – such as the United Kingdom and the Netherlands, was now common all over Europe.
Source: Bruno de Witte, 'New institutions for promoting equality in Europe: legal transfers, national bricolage and European governance', American Journal of Comparative Law, Volume 60 Issue 1
Links: Abstract
Date: 2012-Feb
A think-tank report examined the impact at local level of the equality and human rights framework that had been developed by central government over the previous decade. It questioned the commitment of the coalition government to the framework, and said that the 'localism' and 'Big Society' agendas for the delivery of local services failed to take equality considerations properly into account.
Source: Warren Escadale, Matthew Jackson, and Stuart Speeden, Responsible Reform: Open public services for all, Centre for Local Economic Strategies
Links: Report | Summary | CLES/VSNW press release
Date: 2012-Feb
An official advisory body published the report of a seminar (held in 2010) that examined the concept of genetic discrimination (discriminatory treatment on the basis of an individual's genetic data). The seminar considered: the relevant philosophical background and concept of anti-discrimination provisions; the legislative framework; international perspectives; context-specific issues relating to insurance, healthcare, and human rights; and linguistic considerations that were important to the debate.
Source: The Concept of Genetic Discrimination: Seminar report and reflections and recommendations, Human Genetics Commission
Links: Report | HGC press release
Date: 2012-Feb
A new textbook brought together critical perspectives and original research on the themes of sexuality, equality, and diversity. It looked at how equality policy was developed and put into practice, what had been achieved by legislation so far, and the challenges to overcome.
Source: Diane Richardson and Surya Monro, Sexuality, Equality and Diversity, Palgrave Macmillan
Links: Summary
Date: 2012-Feb
An article examined the limits on the ability of anti-discrimination law to achieve social change, given the 'remarkable resilience' of discrimination and inequality. One way forward was to fashion new legal tools that imposed duties to promote or achieve equality, rather than focusing on individual rights against specific perpetrators. In Britain such 'fourth generation' equality laws had been developed in a distinctive format, requiring the decision-maker to 'have due regard' to equality, rather than taking action to achieve such objectives. This standard had triggered a spate of judicial review cases, and the courts had struggled to deal with the regulatory challenges presented by the 'due regard' standard, wavering between appropriate and inappropriate intervention.
Source: Sandra Fredman, 'Breaking the mold: equality as a proactive duty', American Journal of Comparative Law, Volume 60 Issue 1
Links: Abstract
Date: 2012-Feb
An article examined the treatment of multiple and intersectional discrimination in European Union law. Many countries continued to address discrimination in an 'atomized' way on the assumption that persons and groups covered should be described 'mono-characteristically'.
Source: Karon Monaghan, 'Multiple and intersectional discrimination in EU law', European Anti-Discrimination Law Review, Issue 13
Links: Article
Date: 2012-Jan