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If Community Development is about achieving social justice for all – how can we make sure everyone benefits and contributes, regardless of protected characteristic ? How can equality practices, discrimination law and human rights be useful to us in doing this?. Role of CD/3rd sector.

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Role of CD/3rd sector

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Role of cd 3rd sector

  • If Community Development is about achieving social justice for all – how can we make sure everyone benefits and contributes, regardless of protected characteristic?

  • How can equality practices, discrimination law and human rights be useful to us in doing this?


Role of cd 3rd sector

Role of CD/3rd sector

  • Support your authorities

  • Hold them to account

  • Getting involved in “involvement”

  • Providing evidence for outcome setting

  • Assessing impact

  • Making sure Councillors are aware of their own obligations in decision making

  • Requesting and reviewing impact assessments

  • Judicial review


The challenge of inequality

The challenge of inequality

  • 47% of disabled people are employed.

  • Only 1/3 of managerial jobs held by women

  • Women are paid 12% less than men in full time work

  • Pakistani/ Bangladeshi’s have highest rates of working age illness/ disability

  • 1:8 LGBT people are victims of “hate crime” annually

    4

  • 1:3 Scots believe Eastern Europeans are taking “Scots” jobs


Place based policy hard to reach or easy to ignore

Place based policy: hard to reach or easy to ignore

  • Place-based policies, which focus on geographical areas of acute socio-economic deprivation, also need to be tested for potential differential impact on different equalities groups. A recent EHRC review of existing literature on place-based policies –

  • www.equalityhumanrights.com/scotland/research-in-scotland/-hard-to-reach-or-easy-to-ignore-a-rapid-review-of-place-based-policies-and-equality/

  • Greater emphasis on the importance of carrying out equality impact assessments at the level of single outcome agreements.


Role of cd 3rd sector

  • Greater use of logic modelling by CPPs and local partnerships to reveal implicit assumptions in place-based policies and to bring out a focus on possible positive and negative impacts on equalities groups.

  • The need for greater awareness among policy-makers and practitioners of the evidence relating to the differential impact on equality groups and techniques to infer the impact on these groups.

  • Further evaluation at a local level of specific projects and approaches to engaging equalities groups and dissemination of this at a CPP and national level.


The public sector duty

The Public Sector Duty

  • Shifting emphasis from onus on individuals to placing onus on public authorities

  • Mainstreaming equality into public sector culture in practical and demonstrated ways

  • Taking a proactive and organised approach

  • Tackling “institutional discrimination”

  • Focuses on organisational change not individual adjustments


General duty applies to

General duty applies to

  • Public authorities when carrying out their public functions

    • As service providers

    • As policy makers

    • As employers

  • Also to services and functions which are contracted out

  • Also private and voluntary sector organisations which carry out public functions


General duty

General duty

Duty to have due regard to the need to:

  • Eliminate discrimination, harassment, victimisation or any other prohibited conduct

  • Advance equality of opportunity by having due regard to

  • removing or minimising disadvantage

  • meeting the needs of particular groups that are different from the needs of others

  • encouraging participation in public life

  • Foster good relations – tackle prejudice, promote understanding


Outcomes

Outcomes

  • All public authorities have produced outcomes and should have involved groups and individuals in setting them

  • Check your authorities outcomes

  • Are they measurable : can you help them with this?

  • Can you use the outcomes set in your funding applications ?

  • Hold them to account on their progress reports


Impact assessment

Impact assessment

  • Authorities must consider available evidence

  • No direct duty to involve groups but they must consider evidence provided to them: be pro active

  • They must consider mitigating actions: can you help them with that


Impact assessment1

Impact assessment

  • Very important than any assessment is available to and considered by decision makers

  • Results of assessments must be published: has this happened

  • Assessment of existing policies or practices: can you help with the prioritisation of these


Enforcement

Enforcement

  • General duty: Any person/organisation can apply to the Court of Session for judicial review of a public body that they felt was failing to comply.

  • Specific duty: Only EHRC can directly enforce. However any organisation can use failure to meet a specific duty as evidence of failure to meet the general duty


Judicial review

Judicial review

  • Way to challenge actions of a public body

  • Common in England but not used much in Scotland

  • Reviewing the lawfulness of a decision or action of a public body, examines the legal validity of the decision (process rather than result)

  • Person must have “title and interest” to raise a judicial review

  • Petition to the Court of Session

  • EHRC can intervene in cases raised by others


How the framework works

How the Framework Works

  • Free online tool

  • Eight modules, usable in any order, covering all main VCS areas of action

  • Suggested goals, actions and progress indicators

  • Users can have their own account

  • Accounts used to plan and track progress, set target dates, automatic reminders etc

  • Hope to build in capacity for users to engage with each other

  • Web site - ehrf.org.uk


Information

Information

  • PSD Technical Guidance

    www.equalityhumanrights.com/uploaded_files/PSD/technical_guidance_on_the_public_sector_equality_duty_scotland.pdf

  • EHRC Scotland Report: “Counting the Cost”

    www.equalityhumanrights.com/scotland/projects-policies

  • EHRC Guide for decision-makers: Using the equality duties to make fair financial decisions

    www.equalityhumanrights.com/financialdecisions


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