Tuesday 11 June 2013

Technical guidance on the Public Sector Equality Duty

The Equality & Human Rights Commission has recently published a technical guidance on how public bodies, including local authorities, can comply with the Public Sector Equality Duty (PSED) which was introduced in April 2011. Although this is not a statutory code of practice, it provides a formal authoritative, and comprehensive legal interpretation of the PSED. It complements the existing codes of practice and non-statutory guidance. It explains in detail what the General Equality Duty and the Specific Equality Duties require and provides useful examples of how the law can be turned into practice. The guide can be accessed via the Commission's website.

Guidance on how to comply with equalities in public procurement

'Buying better outcomes - mainstreaming equality considerations in procurement - A guide for public authorities in England' has been published by the Equality and Human Rights Commission. The guidance explains what approach public authorities may take in order to comply with their Public Sector Equality Duty (under the Equality Act 2010) obligations at different stages of the procurement cycle. It details equality issues that need to be considered at each stage.

The guide is aimed at commissioners, procurement officers, contract managers and people involved in the procurement process.

To view the guidance, visit the Commission's website.

Technical Guidance on Further and Higher Education

The guidance sets out Equality Act 2010 requirements on further and higher education providers in relation to provision of education and access to benefits, facilities or services. These cover all of the services, facilities and benefits, both educational and non-educational that an education provider provides or offers to provide for students. It provides an authoritative, comprehensive and technical guide to the detail of the law. It will be invaluable to education providers, lawyers, advocates, human resources personnel, courts and tribunals, and everyone who needs to understand the law in depth, or apply it in practice.

Equal marriage for same-sex couples

The Government has demonstrated its commitment to permitting same-sex couples to marry by publishing the Marriage (Same Sex Couples) Bill. The Bill will give same-sex couples the right to marry in civil ceremonies whilst permitting religious organisations to opt out, if they so wish, from conducting marriage ceremonies for same-sex couples. To read the Bill, please visit the Parliament website.

Religion or Belief in the workplace: a guide for employers

Equality & Human Rights Commission has published a guide which employers will find useful in dealing with the expression of religion or belief at work whilst preventing any conflict and legal challenges by employees. The guide will also be helpful to employees in terms of what their rights are to express their religion or belief at work and what assistance they can reasonably expect of their employers in this regard. The guidance follows recent judgment of the European Court of Human Rights which confirm that persons who want to undertake a certain practice sufficiently connected with their religion or belief will be protected under European Convention of Human Rights regardless of whether it is a mandatory requirement of their religion. To read the guidance, please visit the Commission's website.

Assistance dogs - a guide for all businesses

Short guidance has been produced by the Equality and Human Rights Commission to assist businesses in dealing with Assistance dogs on their premises. The guide explains their legal obligations under the Equality Act 2010 and what they can do to enable disabled owners accompanied by their assistance dog to use their service.
All Service Providers from Restaurants to Taxi operators are encouraged to read the new guide, which is available on the Commission's website.

Viewed With Suspicion: The Human Cost of Stop And Search

Stop Watch has published a new report, portrait series and film looking at some of the personal stories behind experiences of Stop And Search powers used by the police in the UK. They reveal, among other things, that Black and Asian people are stopped at much higher rates than White individuals meaning that there is a disproportionate treatment of these communities by the police. This in turn leads to mistrust of the police and creates negative relations between Black and Asian communities and the police.

For more information, please visit the Stop Watch website.

The Equality and Human Rights Commission has launched a programme of work to help police improve use of stop and search. This work has already seen reductions of up to 50% in overall usage and a fall in disproportionate usage against ethnic minorities in some of the major police forces that Commission has been working with. For more information, visit the Commission's website.

Guidance on human rights for commissioners of home care

The guide is aimed at Local Authority elected members and staff who are involved in commissioning and procurement of home care as well as others who have an interest in home care such as care providers, regulators, service users, their friends and families. The guidance helps Local Authority staff to acquire better understanding of their obligations under the Human Rights Act 1998.
It has been published by the Equality and Human Rights Commission in response to its earlier inquiry into older people and human rights in home care. An understanding and practical application of human rights are important as "they underpin and add value to a range of legal duties and policy initiatives which are at the heart of local authority business, including non-discrimination, safeguarding and personalisation.

The guide is available on the Commission's website.

Assessing current and future housing and support options for older LGB people

This study looks at the how the choice of housing and support for older lesbian, gay and bisexual (LGB) people is perceived, and how it could support LGB individuals to have a better life. It looks at the potential of personalisation in improving choice and control, and the importance of LGB people feeling safe to share their identity and life history, particularly for dementia. It found that:

  • The present choice of mainstream housing and support for older LGB people is currently experienced as inadequate or perceived as unsafe.
  • Older LGB people should be involved with local strategic planning and able to choose from safe ‘mixed’ mainstream and specialist LGB community options;
  • LGB communities have a tradition of mutual self-help, supportive friendship networks and 'chosen families' which need to be understood and nurtured for older LGB people;
  • Younger LGB people prioritise maintaining independence and combating social isolation in older age; and
  • International innovations show how formal, larger housing and support initiatives for older LGB people can grow from and nurture community support and friendship networks.

To access the full report, please visit the Joseph Rowntree Foundation website.

EU LGBT Survey results

Results of the lesbian, gay, bi-sexual and transgender (LGBT) survey, the EU's largest LGBT hate crime and discrimination survey ever conducted, have been published.

Respondents were asked about their experiences of discrimination, violence and harassment at work, in education, healthcare, social services and in public places such as cafes and restaurants, banks and shops. The questions drew on rights protected under EU law and other international standards.

The questionnaire also asked respondents about key elements of their daily lives, including their assessment of the public attitudes towards LGBT people, the visibility of LGBT people in public life and negative reactions from the general public. Transgender people were also asked specific questions on access to transgender specific healthcare and their experiences in changing the gender marker in official documents.

The findings show that many LGBT people cannot be themselves in their daily lives. Many hide their identity and live in isolation or even fear. Others experience discrimination and even violence.

To view the full results, visit the European Union Agency for Fundamental Rights.