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The Equality and Human Rights Agenda and the Possible Implications for Regulation

The Equality and Human Rights Agenda and the Possible Implications for Regulation. David Darton, Director of Foresight, Equality and Human Rights Commission. The Role of the Equality and Human Rights Commission. The Commission has 3 distinct areas of work: Equality Human Rights

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The Equality and Human Rights Agenda and the Possible Implications for Regulation

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  1. The Equality and Human Rights Agenda and the Possible Implications for Regulation David Darton, Director of Foresight, Equality and Human Rights Commission.

  2. The Role of the Equality and Human Rights Commission • The Commission has 3 distinct areas of work: • Equality • Human Rights • Good relations • Its remit is very broad and its powers and duties extend to both private and public sectors

  3. The Commission’s Equality Agenda • To secure and implement an effective legislative and regulatory framework for equality and human rights • Create a fairer Britain with equal life chances and access to services for all • Build a society without prejudice, promote good relations and foster a vibrant equality and human rights culture • Promote understanding and awareness of rights and duties.

  4. The Commission’s Role as a Regulator • Intelligence • Measurement Frameworks, Triennial Review • Research, scanning, monitoring • Further investigation – statutory powers • Hampton • Costs and benefits of compliance and non-compliance • Base line to allow proportionality • Consultation • Engagement, persuasion, cultural change • Legal Enforcement

  5. The Public Sector Duties • The Commission has a regulatory role in respect of the public sector duties on race, disability and gender • These place a proactive general duties on public authorities to promote equality • Many authorities also have named specific duties to gather evidence, produce equality schemes and equality impact assess policies • There are also specific duties to consult stakeholders and involve disabled people in the development of schemes

  6. Public Sector Duties Enforcement • Section 31 assessment • Section 32 compliance notices • Section 23 agreements • Statutory Code of Practice • Non statutory guidance

  7. The Duties and Inspectorates and Regulators • Inspectorates and regulators are subject to the duties when carrying out public functions • In the case of race only if listed • They must have due regard to the need to promote equality and eliminate unlawful discrimination and harassment when exercising their regulatory functions • This is a legal requirement under primary legislation, which is regulated by the Commission

  8. Equality and Inspectorates • Embed equality in inspection processes and frameworks • Produce guidance on inspection frameworks which specifically refers to equality (and human rights) • Train inspectors to be confident to make judgements around human rights • Conduct special surveys/ thematic reviews

  9. Equality, Human Rights and Regulators • The Commission is keen to enter into dialogue with regulators around issues such as • The degree to which equality and human rights can be embedded in the remit of individual regulators • Public interest and equality and human rights • Equality, human rights and ‘consumer rights’ • Equality, human rights and complaints handling • Equality, human rights and professional regulation

  10. The Commission’s Human Rights Duties • Promote understanding of human rights • Encourage good practice • Promote awareness, understanding and protection of human rights • Encourage authorities to comply with section 6 of HRA 1998 • Monitor effectiveness of laws and progress of public authorities in adopting human rights approach

  11. Our Statutory Role and Powers • Advise government about effectiveness of Human Rights law and any changes to Human Rights law • Powers to conduct inquiries, initiate judicial reviews, intervene in cases

  12. Human Rights, Service Provision and Regulators • Published Human Rights Inquiry which reported on many examples of good practice in public services • Published ‘Report on Inspectorates and Regulators’ • Inspectorates and regulators recognise the importance of human rights • Many examples of activities based on Human Rights approach

  13. What regulators said they wanted • More targeted guidance • Service specific case studies • More evidence of benefits of Human Rights approach • Awareness raising activities • More leadership from government, Whitehall and Commission

  14. The Commission’s Actions on Human Rights • Produced HRI which sets out benefits of human rights approach in public services • Published a Human Rights strategy based on findings to • Develop human rights measurement framework • Set up human rights pilots in public sector and disseminate findings • Work with at least 5 inspectorates/ regulators to see human rights mainstreamed in their work

  15. Our commitments • Develop proposals concerning information privacy • Develop awareness of human rights and business • Hold government and public bodies accountable through our role in treaty monitoring • Adhere to principle of no regression if Human Rights law changed

  16. From Safetynet to Springboard • Sets out Commission’s vision for social care based on human rights approach • Central to this is close working relationship with CQC

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