Your views on our Strategic Plan 2019-22 · 2019-08-07 · Your views on our Strategic Plan 2019-22 5 What we consulted on The draft Strategic Plan on which we consulted proposed

equalityhumanrights.com

Consultation Report

Your views on

our Strategic Plan

2019-22 August 2019

http://www.equalityhumanrights.com/

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


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


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.



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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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).


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.



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.



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.



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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.


Issues for trans people include persistent discrimination

and prejudice, breaches of confidentiality and concern

about disclosure.


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.



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.




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Enforceability of Deaf and Disabled people’s

employments rights especially for those in

casual labour.



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.



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.



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.


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.


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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.



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.



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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.


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.



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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.



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.


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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.


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.



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.


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.



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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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.


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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)


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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


system

making sure new technologies and digital services promote

equality and human rights


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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


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helping individuals get justice (for example, people who have

experienced discrimination)

Priority Aim: making sure prejudice is more understood and good


system

finding out more about the causes of the problem✓

influencing changes to the law or public policy✓









Priority Aim: making sure new technologies and digital services

promote equality and human rights












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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











Priority Aim: making sure particularly disadvantaged groups can

access essential public services











Priority Aim: making sure people in Britain have equal access to

the labour market and are treated fairly at work






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Priority Aim: making sure the social security system is fair and

works without discrimination











Priority aim: improving rules relating to detention and conditions

in institutions












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Priority aim: making sure public bodies that tackle violence

against women and girls comply with equality and human rights

requirements











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


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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.

Would you like us to contact you (optional)? If so, please tick one

or more of the statements below.

Any information you choose to give will be recorded and stored

in line with our privacy policy (opens in new window). You can

withdraw your consent to be contacted at any time by emailing

[email protected]. Please note that leaving

your contact details means your survey is no longer anonymous.

We will only be contacting selected participants until 5 March

2019.

Yes, you can contact me about my responses (your details

will only be used for the purposes of this consultation)

Yes, give me more info about your consultation (your details

will only be used for the purposes of this consultation)

Yes, sign me up to your e-newsletter

Please provide your preferred contact information if you wish to

be contacted.

Name:

Email address:

Contact phone number:

Thank you

You have completed this survey!

Thank you for taking the time to answer this survey.


Documents

Your views on our Strategic Plan 2019-22 · 2019-08-07 · Your views on our Strategic Plan 2019-22 5 What we consulted on The draft Strategic Plan on which we consulted proposed