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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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slide1

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.
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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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