equalityhumanrights.com
Consultation Report
Your views on
our Strategic Plan
2019-22 August 2019
Your views on our Strategic Plan 2019-22
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© 2019 Equality and Human Rights Commission
First published August 2019
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Contents
Introduction ..................................................................................... 3
Developing our proposals .............................................................. 4
What we consulted on .................................................................... 5
Who we consulted and how ........................................................... 6
What you told us ............................................................................. 8
How and what we prioritised ........................................................ 32
Annex A: The consultation ........................................................... 38
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Introduction
The Equality and Human Rights Commission exists to protect and
promote equality and human rights in Britain. We stand up for
freedom, compassion and justice in changing times. Our work is
driven by a simple belief: if everyone gets a fair chance in life, we all
thrive.
The Equality and Human Rights Commission has a duty under the
Equality Act 2006 to review and consult on the development of its
Strategic Plan. In developing a new Strategic Plan for 2019-22, we
ran a public consultation from 2 November 2018 to 7 January 2019.
This report provides an overview of the consultation process and sets
out how we took into account the consultation responses.
We received more than 1,000 responses, which have helped us to
develop our plans for the next three years and beyond. We would like
to thank everyone who responded to the consultation.
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Developing our proposals
In May 2018, the Equality and Human Rights Commission began an
engagement process to review the 2016-19 Strategic Plan and
develop proposals for a new Strategic Plan. We held workshops with
staff, statutory committees and commissioners to assess the
effectiveness of the existing Plan and learn lessons for our future
work.
We reviewed evidence to inform this process. We examined the data
in our ‘Is Britain Fairer? 2018’ report, reviewed the recommendations
from United Nations human rights bodies, and looked at what might
become more important in the future by listening to organisations
working on the ground.
Equality and human rights touch almost every aspect of life.
Prioritising these has not been easy. We have been told consistently
by employers, civil society organisations, parliamentarians and public
bodies that they want us to concentrate on a smaller number of
issues. This will allow us to take a deeper look at each issue and
devote more resources to addressing a particular problem and
achieving sustainable improvements.
In preparing our draft Strategic Plan for consultation, we selected a
number of issues that could be addressed most effectively using our
unique powers. We also identified where we could strengthen others’
work by contributing our particular expertise. We looked at those
areas where we were most likely to achieve maximum impact, while
also considering how to achieve a balance of issues that are
important to different stakeholders. We focused on the need to
eliminate discrimination, advance equality of opportunity and foster
good relations for different groups.
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What we consulted on
The draft Strategic Plan on which we consulted proposed three
goals, under which we suggested nine aims. We asked respondents
to help us prioritise which of these were most important. The draft
aims were:
People are better able to seek redress when they are wronged
and people have a fair trial in the criminal justice system.
Ways to tackle prejudice are better understood and good
relations are promoted, particularly through the education
system.
New technologies and digital services promote equality and
human rights.
Public transport and the built environment are accessible to
disabled and older people so as to support their economic and
social inclusion.
Access to essential public services is improved for particularly
disadvantaged groups.
People in Britain have equal access to the labour market and are
treated fairly at work.
The social security system is fair and operates without
discrimination.
Improved rules governing entry into detention and conditions in
institutions.
Public bodies with responsibility for addressing violence against
women and girls (VAWG) comply with equality and human rights
requirements.
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Who we consulted and how
Our consultation engaged a wide range of stakeholders. We
published a questionnaire (available in Welsh and accessible
formats) on our website and promoted it on social media, in our
newsletter and sent it directly to our key stakeholders. Respondents
could provide feedback by post, email, telephone and video upload.
By the close of the consultation on 7 January 2019, we had received
more than 1,000 responses.
There were 964 responses to the online survey, of which:
475 were complete responses (49%)
489 were partial responses (51%).
Type of respondent:
600 respondents (62%) were individuals
141 respondents (15%) were from the voluntary sector
15% of respondents were from public bodies
6% of respondents were from other sources.
Respondents’ interests:
Half of the respondents identified disability as the protected
characteristic that was most important to them. Sex was the
second most cited protected characteristic (40%) and age was the
third (40%).
Roughly a third of respondents (31%) indicated that race was
important to them and 31% identified sexual orientation as being
important.
About a quarter identified pregnancy and maternity (24%), religion
or belief (25%) or gender reassignment (26%) as important to
them.
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The areas of life with the highest proportion of respondents were
health (18%) and education (18%). Those with the lowest were
justice (12%) and living standards (13%).
Geography:
65% of respondents said that they were based in England, 17% in
Scotland and 11% in Wales.
In addition to the online and offline survey responses, we received
55 narrative responses.
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What you told us
This section provides a summary of the responses received in
relation to each of the draft Priority Aims and outlines the decisions
we have taken.
Draft Aim 1
People are better able to seek redress when they are
wronged and people have a fair trial in the criminal justice
system
Legal rights are of little value unless we can seek justice when they
are breached. But our ‘Is Britain Fairer? 2018’ report concluded that it
is increasingly difficult to access representation and redress in British
courts. The Equality and Human Rights Commission has a unique
role to play in overseeing the adequacy of both the legal framework
protecting equality and human rights, and people’s ability to take
action when they have experienced discrimination or a human rights
abuse.
Respondents to the consultation were generally supportive of our
proposal to include an aim on access to justice in our Strategic Plan.
They told us this was a priority due to concerns about the decrease in
access to legal assistance for those who face discrimination.
Many sources of free legal advice have closed due to
the impact of LASPO so Deaf and Disabled people are
left completely without support.
—Disability charity, England
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Respondents made some suggestions about activities we could
undertake to advance this aim, such as to provide accessible toolkits
and advice on peoples’ rights and how they can exercise them; to
use our unique powers to support individual cases, and to explore
additional barriers that prevent cases being taken forward.
Build the capacity of charity information and advice and
legal teams to deal with early legal help.
—Learning disability charity, England and Wales
Vital that the Commission does all it can to enhance
access to justice, both by supporting individual cases
but also by collaborating with partner organisations to
source relevant cases.
—Voluntary sector organisation, England
Poor quality advice is a significant issue, particularly in
terms of race discrimination. Whilst fee structures have
also previously created barriers for employment tribunal
cases, it is evident that discrimination at work or in
service provision is overwhelmingly under-reported and
that additional barriers are in operation which prevent
cases from being taken forward. Action to address
these must be a key part of the approach going forward.
—Racial equality charity, Scotland
In line with these responses, we have integrated these proposed
activities into our strategies and included this Aim in our final
Strategic Plan.
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Draft Aim 2
Ways to tackle prejudice are better understood and good
relations are promoted, particularly through the education
system
We are seeing growing divisions in our society. The need to foster
good relations between communities is increasingly important in this
context. Schools play an important part in shaping children’s attitudes
and can guard against prejudice developing. For this reason, we
proposed a programme of work to promote equality and good
relations through the education system.
Respondents to the consultation were generally supportive of our
proposal. They told us that admissions criteria can contribute to
segregation and that inclusive education has great potential to
influence attitudes and reduce bullying.
Due to faith based admissions criteria, children and
families are segregated in three important ways: along
religious, ethnic, and socio-economic lines.
—Religion/belief charity, Britain
Work that could underpin fundamental future change.
For instance, without inclusive education (bringing
children together across difference e.g. disabled and
non-disabled children) problems of intolerance will be
stored up for the future.
—Equality and Human Rights Commission’s
Disability Advisory Committee
The bullying faced by particular groups was highlighted; respondents
mentioned disabled, Gypsy and Roma Traveller (GRT) and lesbian,
gay, bisexual and trans (LGBT) children in particular.
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The experience of GRT pupils in education is frequently
characterised by discrimination, social isolation and
racism.
—Racial equality charity, Britain
Respondents made suggestions about activities we could use to
advance this aim, such as to encourage inclusive education; to
influence school admissions policies; to ensure inspection
frameworks support equality duties and to investigate discrimination
in exclusions.
Priority is to create conditions for contact – through
inclusive education… EHRC programme to incentivise
and require improvements in inclusive education,
working with regulators to embed change, supporting
legal cases, using guidance and perhaps inquiries,
advising on a policy and legislative framework in line
with the recommendations of the UN Committee on the
Rights of Persons with Disabilities, could have a very
significant impact.
— Equality and Human Rights Commission’s
Disability Advisory Committee
Try to advance policy proposals that would encourage
[mixing in school system]... Loads of research on
positive effect of mixing.
—Human rights organisation, Britain
In line with these responses, we have integrated these proposed
activities in to our strategies and included this Aim in our Strategic
Plan, initially focusing on increasing our understanding of the best
ways to prevent and change prejudiced attitudes, given the impact
they can have on people throughout their lives.
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Draft Aim 3
New technologies and digital services promote equality and
human rights
We proposed this aim because technology is playing an increasingly
important role in our lives, with many personal and political
interactions happening on social media, and many important
services, such as banking, benefits and justice, now delivered online.
While access to digital services has improved, including for disabled
and older people, one in five people in these groups do not use the
internet. The policy and legal framework will need to keep evolving if
it is to address the significant human rights and equality implications
and opportunities of technological developments.
Consultees found this to be less of a priority than other proposed
aims. It consistently scored low in the rankings. People with an
interest in disability or working in education showed above-average
support for this aim, but still ranked it fairly low.
Respondents told us that the ‘digital by default’ approach to services
has had a disproportionately negative impact on certain groups.
EHRC needs to take strategic action to help ensure all
services meet accessibility standards especially
regarding the digitalisation of the tribunal services and
the Universal Credit [UC] system. According to the ONS
[Office for National Statistics] 20% of Disabled people
have never used the internet also 30% cannot set up a
Verify account online for UC. Government seems to
assume that everyone can afford a computer, smart
phone or the costs of travelling to library, when this is
not the case.
—Voluntary sector organisation,
infrastructure organisation, England
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The move to digital and the abandonment of human
contact and analogue means of accessing human rights
is excluding disadvantaged groups.
—Political party, Scotland
Internet usage among our beneficiaries is not
widespread. Services, then, need to understand that
they cannot communicate with customers via digital
channels only.
—Disability charity, Great Britain
However, it was felt that there were also opportunities with new
technology.
Outcomes from a disability perspective are that new
developments are inclusive and accessible; that
alternative formats and communication methods are
always available; that UK law at least matches
developing European law on accessibility; and that
Independent Living is enhanced through an inclusive
online world, including apps, tablets, smartphones,
software etc.
— Equality and Human Rights Commission’s
Disability Advisory Committee
One respondent suggested an activity we could do to advance this
aim – to explore how to design technology to embed equality
outcomes.
Fund some innovative work here, particularly re the use
of Artificial Intelligence and online platforms. Systems
are loaded with discrimination, bias and assumptions.
The interesting and strategic question is how could we
design systems differently and build equality and human
rights into them at the start? How could we make this a
statutory requirement?
—Gender equality charity, England
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In line with its low ranking, we have decided not to include this as a
standalone aim in our Plan. Instead we have integrated elements of it
into other aims where appropriate. For example, we will be looking
into the use of new technology for decisions made in the workplace,
and how technology can be a barrier or an enabler in relation to
access to justice.
Draft Aim 4
Public transport and the built environment are accessible to
disabled and older people so as to support their economic
and social inclusion
When public transport and the built environment are accessible and
appropriate, they can allow people to participate more fully in many
areas of life. However, efforts in this area, particularly with regard to
improving public transport for disabled people, have been
inconsistent. Problems with the accessibility of infrastructure and
information remain. We proposed a programme of work to promote
the accessibility of the transport system.
Respondents told us this was a priority because of the impact of
inaccessible transport on other areas of life for disabled and older
people.
One of the most persistent problems… is in accessing
healthcare, such as hospitals, doctors appointments etc.
in a timely and dignified fashion. We believe that this is
especially problematic for disabled people compared to
the general population, and especially severe in rural
areas.
—Disability forum, Scotland
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People need to have the transportation and
environment that supports them to get to work…
We welcome EHRC’s recognition to remove the
barriers for groups facing discrimination in crucial
areas of their lives.
—Age equality charity, England
Respondents made some suggestions about activities we could do to
advance this aim, including:
Consistent enforcement of EA [the Equality Act] as it
applies to access to public services, including access
refusals by taxis and other service providers.
—Disability charity, Wales
People responding to the consultation asked us to expand the aim to
include tackling hate crimes on public transport faced by LGBT
people and increasing the availability of accessible housing for
disabled people. The Equality and Human Rights Commission has
worked extensively on accessible housing and will continue to do so,
including by seeking the incorporation of disabled people’s right to
independent living into domestic law. Our powers are not designed to
tackle hate crime, which is a criminal matter and not within the scope
of the Equality Act 2010. Instead, we are working to tackle the
underlying prejudices that can lead to hate crime, by calling for
changes in the education system to promote good relations between
different groups.
Following the consultation process, we have concluded that transport
infrastructure and service delivery should be included in our Strategic
Plan, to increase accessibility to older and disabled people.
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Draft Aim 5
Access to essential public services is improved for
particularly disadvantaged groups
There are significant barriers to some groups accessing appropriate
healthcare, education and housing. Gypsies, Roma and Travellers
are more likely to be excluded from school, experience difficulties
getting healthcare, and often have low standards of housing.
Disabled people report a severe shortage of accessible housing. In
England and Wales, trans people are sometimes unable to access
specialist health services and across Britain, LGBT people
experience discrimination in using health services. There are also
concerns that policy changes have undermined migrants’ and asylum
seekers’ access to housing and health services.
Respondents told us we should make this a priority:
Many people who are deaf or have hearing loss are
struggling to access essential services, in particular
health and social care… we found that nearly 3 in 5
(57%) survey respondents who are deaf said they felt
unclear about their health advice because a sign
language interpreter was unavailable for their
appointment.
—Disability charity, Great Britain
Consider a human rights assessment of this issue.
Access to health services is very varied for trans
people, as there are numerous health bodies all dealing
with the same issues in different ways. This Aim could
provide an opportunity to promote a uniform approach
based on the EA 2010.
—LGBT charity, Britain
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Respondents made some suggestions about activities we could
undertake to advance this aim, such as consulting with communities,
providing guidance, using our enforcement powers, and influencing
domestic law.
To reduce barriers to trans people accessing
appropriate health services, the Commission should
extensively consult with trans communities and trans-
led organisations to identify barriers to access (including
where equalities legislation is breached) and develop a
plan for addressing these in the years ahead (including
considering enforcement action where necessary).
—LGBT charity, Britain
The EHRC has a unique role to progress this both
through work to promote the creation of a statutory right
to Independent Living; and in supporting and enforcing
the Public Sector Equality Duty.
— Equality and Human Rights Commission’s
Disability Advisory Committee
Important that EHRC supports work to develop new
legislation to put the rights in UNCRPD Article 19 ‘Living
independently and being included in the community’ into
domestic law. Top priority in light of green paper on
social care due 2019.
—Voluntary sector organisation,
infrastructure organisation, England
The commission should use its powers to influence local
authorities to produce specific guidance for working with
GRT communities. This includes supplying evidence,
advice, and using its enforcement powers to require
local authorities to take action.
—Racial equality charity, Britain
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Our ability to inform the design of services – beyond tackling clearly
discriminatory barriers – is limited. The Public Sector Equality Duty
(PSED) is our most effective lever for influencing service design and
delivery, so we have a strategy to strengthen it and use it differently.
We will use our enforcement powers to tackle systemic and serious
breaches. Where there are systematic barriers to accessing other
public services, these could be addressed via standalone litigation
and enforcement activity.
Draft Aim 6
People in Britain have equal access to the labour market
and are treated fairly at work
We know there is inequality in the workplace. Disabled people and
women are more likely to be in low-pay occupations than others, and
there is evidence that bullying and sexual harassment at work are
widespread. Insecure employment, with its adverse impact on job
quality and living standards, has increased and is particularly likely to
affect some groups, including disabled people, specific ethnic
minorities and Muslims.
Consultation respondents were supportive of this draft aim. This
focus on employment discrimination was highlighted as particularly
important to people from ethnic minorities, disabled people, older
people and trans people. Respondents highlighted, in particular,
issues in relation to recruitment.
BAME [Black, Asian and minority ethnic] individuals
have been underrepresented in apprenticeships for a
very long time and we think this is likely to result on
BAME individuals missing out on the best quality and
best paid apprenticeships.
—Racial equality forum, England
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Many inequalities for minority ethnic people, for
example in income and housing, could be minimised if
employment equality could be achieved.
—Racial equality charity, Scotland
Issues for trans people include persistent discrimination
and prejudice, breaches of confidentiality and concern
about disclosure.
—LGBT charity, Britain
Deaf and Disabled people have no confidence in the
government’s ‘Disability Confident’ scheme. It is
possible to sign up to the scheme without employing a
single Deaf or Disabled person.
—Voluntary sector organisation,
infrastructure organisation, England
While many employers are increasingly aware of
potential bias in terms of gender, disability and race,
there is less awareness or evidence of good practice
relating to age bias.
—Age equality charity, England
Respondents made suggestions about activities that would advance
this aim, such as promoting guidance for employers and employees,
and improving employer reporting on the protected characteristics
and outcomes of their workforce.
Better awareness of the EHRC’s statutory Code of
Practice for Employment is needed as well as the
guidance for people at work and employers.
—Voluntary sector organisation,
infrastructure organisation, England
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Enforceability of Deaf and Disabled people’s
employments rights especially for those in
casual labour.
—Voluntary sector organisation,
infrastructure organisation, England
We want to see the EHRC influence laws in relation to
reporting on disability, health and wellbeing, in line with
David Isaac's commitment to make this a mandatory
requirement for organisations.
—Disability charity, Britain
Develop a single dashboard for employers to demonstrate
transparency across protected characteristics, driving
peer influence and accountability to shareholders and
communities (through praising and challenging).
This could be simple and have significant impact,
on a par with environmental reporting – and building
on progress on the gender pay gap. Incentivise and
require greater responsibilities from both employers
and the state to make it possible for people with
different impairment experiences to work.
— Equality and Human Rights Commission’s
Disability Advisory Committee
We will work to promote greater equality in the workplace.
Disabled people and women are more likely to be in low-pay
occupations than others, many ethnic minority and older people still
face barriers in accessing the workplace, and there is evidence that
sexual harassment and bullying at work remain widespread.
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Insecure employment, with its adverse impact on job quality and
living standards, has increased and is particularly likely to affect
some groups, including disabled people and specific ethnic groups.
In many workplaces, religious believers feel they need to leave their
faith at home rather than being able to bring their whole self to work.
Many of the implications of new technology on the workplace are only
just emerging. Our work will help public and private sector employers
of all sizes provide fair opportunities to all and protect workers’ rights.
Draft Aim 7
The social security system is fair and operates
without discrimination
Deepening poverty continues to drive poor outcomes in many areas
of life, affecting people’s health, education and living standards in
particular. But services intended to help people in Britain overcome
the impact of socio-economic disadvantage and provide routes out of
poverty are not equally available to all. We consulted on a
programme of work focused on challenging rules governing eligibility
and processes for claiming social security that have a discriminatory
impact on people or breach their human rights.
Respondents to the consultation were generally supportive of this
proposal, with organisations focused on disability ranking it highly.
Disability, age and racial equality organisations told us that the social
security system discriminates against people with certain protected
characteristics.
Respondents suggested activities we could undertake to advance
this aim, such as using our powers as a National Human Rights
Institution and investigating if there are racial disparities in
decision-making.
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The EHRC should use its powers to highlight human
rights breaches and discriminatory impacts in the social
security system at both macro and micro levels.
—Equality forum, Britain
Deaf and Disabled people experience discrimination
right through the social security system from the
application stage… inaccessible online processes
and communications with DWP [Department of Work
and Pensions], RA’s [reasonable adjustments] rarely
provided… PIP [Personal Independent Payment]
and ESA [Employment and Support Allowance]
assessments are inaccurate and damaging to
mental health.
—Voluntary sector organisation,
infrastructure organisation, England
The commitment to actively enforce equality within the
social security system is most welcome. We hope that
this will include ensuring there are no racial disparities
within individual decision-making.
—Racial equality charity, Scotland
Given the focus of these responses, and our analysis of where our
powers can have the most impact on unfairness in the social security
system, we concluded that we can be most effective by using our
enforcement powers to challenge systemic and serious discrimination
and breaches of human rights in decision-making. We will take this
work forward as part of our Access to Justice Priority Aim, rather than
as a standalone aim on social security.
Your views on our Strategic Plan 2019-22
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Draft Aim 8
Improved rules governing entry into detention and conditions
in institutions
People in the most at-risk situations are particularly exposed to
potential human rights abuses and find it difficult to assert their rights
in the legal system. Our ‘Is Britain Fairer? 2018’ report has shown
that in England and Wales conditions in detention settings, including
adult prisons and immigration detention, have deteriorated.
We consulted on a proposal to ensure that the laws, policies and
practices affecting people in detention protect their human rights.
Respondents who supported this aim told us this should be a priority
because of its severe impact on affected individuals:
People with mental health support needs or learning
difficulties continue to be subjected to compulsory
detention and restraint.
—Voluntary sector organisation,
infrastructure organisation, England
Rights abuses of people in inpatient units have
included the inappropriate use of restraint and
seclusion, which has resulted in physical injury
and psychological trauma.
—Disability charity, England
There must be a real focus on prevention and early
intervention to stop people with a learning disability
ending up in inpatient units unnecessarily, where we
know they are at increased risk of abuse and neglect.
—Learning disability charity, England and Wales
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Respondents made some suggestions about activities we could
undertake to advance this aim:
Recommend the activity undertaken…particularly
around influencing standards and challenging poor
practice, includes a focus on criminal justice institutions.
—Voluntary sector organisation, infrastructure
organisation, England and Wales
LGBT asylum seekers are particularly vulnerable and
face significant disadvantages when detained, including
discrimination and harassment from other detainees
and even from some members of staff. This Aim should
include the needs of LGBT asylum seekers in detention.
—LGBT organisation, Britain
The race equality aspect of this aim is not drawn out
within the current draft [;] however it can be assumed
that the Commission is aware of and will act on the
evidence of disparities within the criminal justice system
and immigration detention system.
—Racial equality charity, Scotland
Inquiry looking at the pathway of how children and
young people and adults are ending up in these
institutions is a very important area. There needs to be
a spotlight on the lack of the right social care, health
and education in the community – and the fact that this
is leading to human rights abuses.
—Learning disability charity, England and Wales
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Encourage government to implement the UN Disability
Committee’s recommendations; address the disparity
between national law and international Human Rights
Conventions; inquiry in the area of mental capacity
with case examples showing how people with mental
health support needs and learning difficulties have the
capacity to make decisions about their treatment and
where they live.
—Voluntary sector organisation,
infrastructure organisation, England
This Aim received lower levels of support in the consultation than
other proposed Aims. The group of people affected by this Aim is by
definition relatively small, and their issues do not affect the majority of
the population. For this reason, we would not expect these issues to
attract broad public support. However, the infringement of their rights,
relating to deprivation of liberty and inhuman treatment, is severe and
we have therefore decided that work on this Aim should go ahead,
with refinements in the light of the consultation responses.
The lack of wide support for these issues to be addressed
demonstrates why our role – standing up for marginalised people
who may otherwise be forgotten – is so important. We see clear
opportunities for impact on this Aim, achieved using the full range of
our powers. In line with the responses received, we have expanded
the focus of the Aim to a range of institutions.
Your views on our Strategic Plan 2019-22
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Draft Aim 9
Public bodies with responsibility for addressing violence
against women and girls comply with equality and human
rights requirements
Sexual and domestic violence is a growing concern, particularly given
the reductions in the availability of specialist support services for
survivors in England and Wales.
Respondents to the consultation ranked this as less of a priority than
other aims, and they told us that any approach we take to tackling
gender based violence needed to be intersectional, considering the
heightened impact of women sharing more than one protected
characteristic.
Accessibility and disabled people’s issues should be a
‘constant lens’ through which all work within this Aim is
carried out, particularly in light of the recent
investigation by the BBC (November 2018) which found
that 89 per cent of spaces in domestic violence refuges
are inaccessible to disabled women.
—Disability forum, Britain
In relation to this aim, we would urge the Commission
to take an intersectional approach which considers
the experience of minority ethnic women and girls in
accessing justice and support when experiencing
violence.
—Racial equality charity, Scotland
Include ensuring LGBT people are treated equally within
the VAWG sector.
—LGBT forum, England
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There are particular intersectional disadvantages that
affect GRT women that make exiting an abusive
relationship more difficult. This includes racism and
discrimination when reporting abuse to the police,
experiences of discrimination at domestic abuse
shelters, fears regarding social work intervention by
abused women and fear of removal of children.
—Racial equality charity, Britain
Respondents made some suggestions about activities we could
undertake to advance this aim, including addressing honour based
violence, female genital mutilation (FGM) and arranged marriages,
and holding an inquiry into the protection of rape complainants.
This could include looking at services’ responses to
issues such as so-called ‘honour’ based violence,
coercive control practices linked to overseas and/or
arranged marriages, FGM and other issues which
women from particular communities may be at greater
risk of experiencing.
—Racial equality charity, Scotland
Inquiry into protection of rape complainers and their
Article 8 rights… There have been developments
at a broader European level which have had little or
no impact in Scotland. There are furthermore
developments in England and Wales (as a result
of poor practice) which have had little or no impact
in Scotland.
—Gender equality forum, Scotland
People also asked us to expand the focus to include disability hate
crime and male victims of violence.
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While we agree that the EHRC should act to address
violence against women and girls, disability hate crime
continues to be a distressing experience for too many
Deaf and Disabled people.
—Voluntary sector organisation,
infrastructure organisation, England
Male victims of these crimes face the same institutional
and structural problems that female victims of these
‘VAWG’ crimes do.
—Gender equality charity, Britain
In light of the consultation responses, we considered how our unique
powers could best impact violence against women and girls. We
decided to include a focus on the barriers to justice faced by women
who have survived violence into our Access to Justice Priority Aim.
Our work on this issue will look to address the multiple and
compounded disadvantages faced by women experiencing
intersectional discrimination and disadvantage. We have a statutory
duty to monitor and report on Britain’s compliance with the United
Nations Convention on the Elimination of all Forms of Discrimination
Against Women and will continue to use this mechanism to press for
progress on women’s rights in Britain.
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Differences by country
The Equality and Human Rights Commission operates across Great
Britain, including in devolved contexts in England, Scotland and
Wales. We analysed consultation responses received from each of
the three nations to understand whether our proposed priorities
reflected the main concerns in each.
England
Respondents showed slightly more support for Aim 1 (redress and
fair trial) and slightly less support for Aim 5 (access to public
services) compared with the average.
Scotland
There was much more support for Aim 5 (access to public services),
but much less support for Aim 2 (prejudice and good relations) and
less support for Aim 9 (tackling violence against women and girls)
compared with the average. Scotland also showed above-average
support for Aim 3 (new technology and digital services), but still
ranked it fairly low.
Wales
There was much more support for Aim 5 (access to public services)
and more support for Aim 2 (prejudice and good relations), but much
less support for Aim 9 (tackling violence against women and girls)
and Aim 7 (social security system) compared with the average.
Wales also showed above-average support for Aim 3
(new technology and digital services) but still ranked it fairly low.
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Additional priorities raised by respondents
Respondents were invited to offer additional comments on the draft
Strategic Plan and many highlighted other issues that they felt the
Commission could work on.
The most-frequently-mentioned other priority was the potential
conflict between sex-based rights / protections and gender-based
rights / protections. This was by mentioned in some form or another
by roughly 5% of respondents. We propose to offer expert advice on
issues related to a balance of rights as part of our Core Aim work.
Many of the other suggested priorities related to disability in some
way, in line with the response rate for this protected characteristic,
with several respondents mentioning access to services, accessible
housing and social care. Several respondents mentioned issues
affecting the Deaf community, such as British Sign Language (BSL)
provision.
The PSED has not resulted in meaningful progress on some of the
inequalities facing some groups. To address the concerns of
respondents who raised concerns about access to public services we
will work to ensure that this duty is strengthened to require action
from public bodies.
Immigration was an issue raised by some respondents. Our powers
are not well-suited to having impact in this area, but we will be
including immigration detention in our work in relation to entry into
and treatment in institutions.
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Some respondents felt that intersectionality – the multiple and
compounded disadvantages experienced by people who share more
than one protected characteristic – was missing from our Strategic
Plan, particularly in relation to our planned research. We welcome
this feedback. Our work under each of our Priority Aims will seek to
protect and promote the rights of people across the protected
characteristic groups. Throughout our work, we will strive to
understand and address the multiple, compound and particular
disadvantages experienced by those sharing more than one
protected characteristic.
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How and what we prioritised
We carefully analysed all consultation responses as well as the
implications of the PSED for our Plan.
In developing our Plan we have taken into account the following:
In fulfilment of our statutory duty, we have considered how we
can use our unique powers to eliminate discrimination,
advance equality of opportunity and foster good relations for
different groups – women, men, trans people, disabled people,
different age groups, people from different ethnic backgrounds,
marriage and civil partnerships, people with different sexual
orientations and people with different religions or beliefs and none.
Our thinking has been based on the evidence set out in ‘Is
Britain Fairer? 2018’ and we have talked to stakeholders to
identify the key types of discrimination, inequalities and any
need to foster good relations. Our analysis of the consultation
responses identified patterns from people and organisations
representing particular protected characteristics. In deciding which
issues should be prioritised in our Strategic Plan, we looked at the
likely impact of our proposals on people sharing different protected
characteristics.
We have put impact at the heart of our planning process.
When choosing our Priority Aims we have focused on the impact
we are likely to be able to have on the issue, in light of our powers.
We have considered how we can best use our enforcement
and litigation powers to effect change. To deter breaches of
human rights and equality law, it is important that potential
perpetrators face a realistic prospect of challenge. With this in
mind, we have identified those areas of life where the barriers
individuals face in accessing justice are so serious that our role in
standing up for them and in challenging perpetrators is particularly
important.
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We are mindful of the balance of work across England,
Scotland and Wales and across different issues – equality and
human rights socio-economic, civil and political issues; rural and
urban locations.
The focus of our Strategic Plan 2019-22
We have concluded that we will focus on one core aim and five
priority aims.
Core Aim
The Core Aim will underpin all our work by ensuring that strong
equality and human rights laws protect people, and data shows what
is happening to people in practice. We have a unique role to play in
upholding and strengthening the system which protects equality and
human rights. Under the Core Aim we will use our litigation and
enforcement powers to tackle flagrant, systemic and serious
breaches of the Equality Act 2010 and Human Rights Act 1998.
The Core Aim will ensure we focus on the legal framework which
supports equality and human rights in Britain. The loss of the
European Union Charter of Fundamental Rights is the first big
constitutional change emerging from Brexit, and there are crucial
questions about how equality and human rights will be best protected
in the months and years to come. We will guard against any
regression of existing rights and seek to strengthen the legal
framework across Great Britain.
In working towards this aim, we will concentrate on three major
areas:
the legal framework that supports equality and human rights in
Britain
closing any gaps in data which show whether people are
experiencing discrimination, inequality or a breach of their rights
using our unique powers to uphold the system of equality and
human rights protections.
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34
We will increase our litigation and enforcement work to ensure that
the law is working in practice to support equality and human rights.
The PSED has not resulted in meaningful progress on some of the
inequalities facing some groups, for example in housing and health
outcomes. We will focus on making sure this duty is strengthened to
require action to tackle the big issues of the day, that the
socio-economic duty is implemented and that the law provides
stronger protection of human rights.
Priority Aim 1: Work
Our first priority aim – Work – will ensure that people in Britain have
equal access to the labour market and are treated fairly at work.
We will investigate discriminatory recruitment practices, support
individuals to bring cases to challenge discrimination at work and
address pay gaps. This Aim will advance the first two aims of the
PSED (elimination of discrimination and equality of opportunity), with
a focus on discrimination. Respondents citing religion or belief as
their main concern considered this area of work to be particularly
important.
Priority Aim 2: Transport
Our second priority aim – Transport – will ensure that public transport
supports the economic and social inclusion of disabled people and
older people. We will take enforcement action against transport
companies that we suspect are breaching the Equality Act 2010,
support passengers to bring cases to challenge discrimination and
influence governments and parliaments to ensure services are
designed with regard to the needs of disabled people and older
people. This Aim will advance the first and second limbs of the PSED
(elimination of discrimination, and equality of opportunity), primarily
for disabled people and older people.
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Priority Aim 3: Access to Justice
Our third priority aim – Access to Justice – will seek to build a more
equal and rights-respecting society by ensuring people can access
redress when they are wronged and have a fair trial in the criminal
justice system. We will run inquiries to expose barriers to justice in
the civil and criminal justice systems, influence parliaments and
governments to strengthen the legal and policy framework and
support those advising on equality and human rights disputes. So far
as it relates to improving redress mechanisms and the availability of
advice in respect of rights under the Equality Act 2010, this aim will
advance the first limb of the PSED (elimination of discrimination), for
all protected characteristic groups.
Priority Aim 4: Education
Our fourth priority aim – Education – will seek to ensure our
education system promotes good relations with others and respect
for equality and human rights. We will support children and parents to
bring cases to challenge discrimination in the education system,
support education bodies to improve policies and practice and
research to understand what works to tackle prejudice. This aim will
advance in particular the first and third aims of the PSED (elimination
of discrimination, good relations), for all protected characteristics.
Priority Aim 5: Institutions
Finally, our fifth priority aim – Institutions – will protect the rights of
people in the most vulnerable situations by ensuring that rules and
practice governing entry into, exit from and treatment in institutions
respect equality and human rights standards. We will carry out
activities such as working with oversight mechanisms to tackle
discriminatory detention, institutionalisation and/or treatment,
supporting individuals who have experienced discriminatory
treatment and influencing laws and policies governing detention,
institutionalisation and/or treatment. This Aim will advance the first
aim of the PSED (elimination of discrimination), particularly in relation
to race and disability.
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You can find a summary of our Strategic Plan on the following page
and more detail on the work we will carry out to meet each aim in the
full Strategic Plan 2019-22 on our website.
Our role and purpose
To protect and promote equality and human rights in Britain
To stand up for freedom, compassion and justice in changing times
Core AimUpholding the system of equality and human rights protections
Strong equality and human rights laws protect people and data shows what is happening to people in practice.
We will seek to strengthen the law, guarding against any reduction in existing rights, and close gaps in data. We will increase our litigation and enforcement work to:• Send a clear message about the need to comply with equality and human
rights law by challenging flagrant breaches• Tackle the systemic barriers people face through legal challenges to
widespread failures to comply with equality and human rights law• Defend the rights of people in the most vulnerable positions experiencing
serious breaches of their fundamental rights
Strategic GoalWhat we want to achieve
To ensure that people’s life chances aren’t held back by barriers in their way
To make sure we have strong foundations on which to build a more equal and rights- respecting society
To protect the right of people in the most vulnerable situations
Priority AimsOur areas of focus
1. People in Britainhave equal accessto the labour marketand are treatedfairly at work
2. Public transportsupports theeconomic andsocial inclusion ofdisabled people andolder people
3. People can accessredress when theyare wronged andhave a fair trial inthe criminal justicesystem
4. The educationsystem promotesgood relations withothers and respectfor equality andhuman rights
5. Rules and practicegoverning entryinto, exit fromand treatmentin institutionsrespect equalityand human rightsstandards
Strategic ApproachHow we will make change happen
• Take enforcement action to challenge those who breach the law.• Support people to bring discrimination cases, where this will have a wider impact• Undertake inquiries and research to expose discrimination, inequality and
breaches of rights.• Work in partnership with regulators, inspectorates and others to tackle
discrimination, inequality and breaches of rights.• Support employers, service providers and those providing public functions to
follow equality and human rights laws and share good practice.• Influence governments and parliaments to strengthen laws and policies.• Under strategic litigation to strengthen the interpretation of the law.• Use the Public Sector Equality Duty to drive action to promote equality.• Push for greater transparency in relation to unequal outcomes, including pay
gaps, and encourage action to tackle inequalities• Hold the State to account for compliance with international standards, and
influence others to do so too.
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Annex A: The consultation
Have your say on our work: consultation on our draft strategic plan
Introduction
We would like to hear your views about how we should tackle
important equality and human rights issues.
We have outlined some aims in our strategic plan (what we will work
on from 2019 to 2022). Your views on how we prioritise and tackle
these aims are very important to us.
Your input will help us shape our work.
Policymakers, business leaders, third sector organisations, and
groups and individuals interested in our work in England, Scotland
and Wales are welcome to participate in the survey.
The survey closes on Monday 7 January 2019 at 23:59.
How we handle your information
This survey will remain anonymous unless you choose to leave your
contact details at the end of the survey (optional).
SmartSurvey privacy information
The SmartSurvey website may collect personal data. Please refer to
SmartSurvey’s privacy policy for more information.
Your views on our Strategic Plan 2019-22
39
About you
Please tick the statement(s) that best describe(s) you.
I am an individual
I am a parliamentarian
I am an employer
I am a civil servant
I am from the voluntary sector
I am from a public body
I am form an inspectorate
Other (please specify)
Which of these nine groups protected under the Equality Act
(known as protected characteristics) are most important to you?
Tick all that apply.
For example, you may work in one of these areas, or relate
personally to issues affecting certain protected characteristics.
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
If you work in any of the following sectors please tick all that
apply.
Education
Health
Justice and personal security (e.g. hate crime, homicides,
sexual violence, domestic abuse, conditions of detention,
access to justice)
Your views on our Strategic Plan 2019-22
40
Living standards (such as poverty, social care or housing)
Political and civic participation, access to services, privacy
and surveillance, or social and community cohesion
Work and employment
I do not work in any of these sectors
Please state where you are based, where your organisation
operates, where you are a service user or where you represent
service users. Tick all countries that apply.
England
Scotland
Wales
Our proposed activities
Have you read our draft strategic plan? (You can still give your
views and complete this consultation if you have not read it)
Yes
In part
No
Help us prioritise our work
We have set out three main goals in our draft strategic plan.
Under each goal there are two or more Priority Aims.
Please rank the Priority Aims from most important to least
important, with 1 being the most important and 9 being the least
important (write/type a number next to each statement).
helping people get justice when they are wronged and get
fair trial in the criminal justice system
making sure prejudice is more understood and good
relations are promoted, particularly through the education
system
making sure new technologies and digital services promote
equality and human rights
Your views on our Strategic Plan 2019-22
41
improving public transport and the built environment so that
disabled and older people can take part in things more easily
making sure particularly disadvantaged groups can access
essential public services
making sure people in Britain have equal access to the
labour market and are treated fairly at work
making sure the social security system is fair and works
without discrimination
improving rules relating to detention and conditions in
institutions
making sure public bodies that tackle violence against
women and girls comply with equality and human rights
requirements
Please tell us why you answered this way (optional):
…
Are there any issues we should work on that are not included?
Please tell us what they are and why we should work on them
(optional).
Which type of activities would help us to achieve each of our
Priority Aims? Please tick all activities you feel would be useful
to achieve the Priority Aims.
Priority Aim: helping people get justice when they are wronged
and get fair trial in the criminal justice system
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
Your views on our Strategic Plan 2019-22
42
helping individuals get justice (for example, people who have
experienced discrimination)
Priority Aim: making sure prejudice is more understood and good
relations are promoted, particularly through the education
system
finding out more about the causes of the problem✓
influencing changes to the law or public policy✓
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Priority Aim: making sure new technologies and digital services
promote equality and human rights
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Your views on our Strategic Plan 2019-22
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Priority Aim: improving public transport and the built environment
so that disabled and older people can take part in things more
easily
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Priority Aim: making sure particularly disadvantaged groups can
access essential public services
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Priority Aim: making sure people in Britain have equal access to
the labour market and are treated fairly at work
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
Your views on our Strategic Plan 2019-22
44
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Priority Aim: making sure the social security system is fair and
works without discrimination
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Priority aim: improving rules relating to detention and conditions
in institutions
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Your views on our Strategic Plan 2019-22
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Priority aim: making sure public bodies that tackle violence
against women and girls comply with equality and human rights
requirements
finding out more about the causes of the problem
influencing changes to the law or public policy
influencing organisations that set standards (such as
regulators, inspectorates, or ombudsman
helping decision-makers such as employers or public bodies
to improve their practice
challenging decision-makers (such as employers or public
bodies) when they break the law
helping individuals get justice (for example, people who have
experienced discrimination)
Do you have any ideas for specific activities we could do that
would help us to achieve any of the Priority Aims listed above
(optional)?
We propose to improve access to services for particularly
disadvantaged groups.
Which of the following areas is most important to you? Please
tick all that apply.
access to education for Gypsies, Roma and Travellers
access to health services for Gypsies, Roma and Travellers
access to appropriate housing for Gypsies, Roma and
Travellers
access to appropriate education for disabled people
access to appropriate housing for disabled people
access to appropriate health services for asylum seekers
and people who have migrated to Britain
access to appropriate housing for asylum seekers and
people who have migrated to Britain
access to appropriate health services for transgender people
Your views on our Strategic Plan 2019-22
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understanding and addressing the reasons why a
disproportionate number of ethnic minorities are detained in
the mental health system in England and Wales
Any other feedback, and contacting you
Do you have any other comments on our draft plan (optional)?
Thank you for taking the time to fill out our survey.
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or more of the statements below.
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