Commission for Equalities and Human Rights
Encyclopedia
The Equality and Human Rights Commission (EHRC) is a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...

 in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

 which was established by the Equality Act 2006
Equality Act 2006
The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands...

 and came into being on 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...

. It took over the responsibilities of three former commissions: the Commission for Racial Equality
Commission for Racial Equality
The Commission for Racial Equality was a non-departmental public body in the United Kingdom which aimed to tackle racial discrimination and promote racial equality. Its work has been merged into the new Equality and Human Rights Commission.-History:...

, the Equal Opportunities Commission
Equal Opportunities Commission
The Equal Opportunities Commission was an independent non-departmental public body, in the United Kingdom, which tackled sex discrimination and promoted gender equality...

 (which dealt with gender equality) and the Disability Rights Commission
Disability Rights Commission
The Disability Rights Commission was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission....

. It also has responsibility for other aspects of equality: age, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

 and religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

 or belief. As a national human rights institution, it seeks to promote and protect human rights in Great Britain (with the exception of matters falling within the remit of the Scottish Human Rights Commission
Scottish Human Rights Commission
The Scottish Human Rights Commission was established by an Act of the Scottish Parliament [] and started their work in 2008. The Commission is independent of Government, and the Scottish and Westminster Parliaments. The Scottish Human Rights Commission promotes and protects the human rights of...

, SHRC).

The EHRC has offices in Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...

, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

, Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...

 and Cardiff
Cardiff
Cardiff is the capital, largest city and most populous county of Wales and the 10th largest city in the United Kingdom. The city is Wales' chief commercial centre, the base for most national cultural and sporting institutions, the Welsh national media, and the seat of the National Assembly for...

. It is classed as a non-departmental public body
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...

 sponsored by the Government Equalities Office
Government Equalities Office
The Government Equalities Office is a United Kingdom government department. It was created in October 2007 when the Women and Equality Unit, based within the Department for Communities and Local Government was converted into an independent department.It has lead responsibility for gender equality...

, meaning that it is separate and independent from Government but still accountable for its public funds. The chairman of the Commission is Trevor Phillips
Trevor Phillips
Trevor Phillips OBE chairs the Equality and Human Rights Commission and is a former television executive and presenter...

 who was previously chairman of the Commission for Racial Equality
Commission for Racial Equality
The Commission for Racial Equality was a non-departmental public body in the United Kingdom which aimed to tackle racial discrimination and promote racial equality. Its work has been merged into the new Equality and Human Rights Commission.-History:...

.

The EHRC's functions do not extend to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 where there is a separate Equality Commission
Equality Commission for Northern Ireland
The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998...

 (ECNI) and a Human Rights Commission
Northern Ireland Human Rights Commission
The Northern Ireland Human Rights Commission is a non-departmental public body funded through the Northern Ireland Office but operating independently of government as the national human rights institution for Northern Ireland...

 (NIHRC), both established under the terms of the Belfast Agreement
Belfast Agreement
The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...

.

Powers

The EHRC derives its powers from the Equality Act 2006, which resulted from the government white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...

, Fairness for All: A New Commission for Equality and Human Rights. Section 3 states the EHRC has a general duty to work towards the development of a society where equality and rights are rooted. This is taken to mean,

(a) people’s ability to achieve their potential is not limited by prejudice
Prejudice
Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...

 or discrimination,

(b) there is respect for and protection of each individual’s human rights (including respect for the dignity and worth of each individual),

(c) each person has an equal opportunity to participate in society, and

(d) there is mutual respect between communities based on understanding and valuing of diversity and on shared respect for equality and human rights.


Section 30 strengthens the EHRC's ability to apply for judicial review and to intervene in court proceedings, through giving explicit statutory provision for such action. Sections 31-2 gives the EHRC a new power to assess public authorities' compliance with their positive equality duties. They can issue "compliance notices" if it finds a public authority is failing in its duties. Public authorities, importantly, are bound under the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

 to act in a way compatible with the European Convention on Human Rights (s.6 HRA). The EHRC's role is therefore one of catching matters before they lead to the courts. So if you work for a public sector employer (like a local council or the civil service) there are more avenues to hold enforce equality standards in your favour. This may seem somewhat odd, considering that public sector employers are consistently shown to have excellent workplace practices. Section 30(3) of the Equality Act 2006 allows the EHRC to bring judicial review proceedings under the HRA against public authorities. This is a stronger tool than usual, because the EHRC is not subject to the normal requirement of being a "victim" of a Human Rights violation.

Under section 24, the EHRC can enter into binding agreements with employers. So for instance, it can agree that an employer will commit to equality best practice audits or avoid discriminatory practices that it may identify, in return for not investigating (a bad thing for employers' publicity). It can enforce these agreements through injunctions. Previously only the Disability Rights Commission
Disability Rights Commission
The Disability Rights Commission was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission....

 had such powers, the CRE and the EOC were more limited. For instance, the EOC used only to have the power to get injunctions against bodies with a bad track record of discrimination.

Section 20 gives the EHRC the power to carry out investigations when it has the "suspicion" of unlawful discrimination taking place. Before this had been limited to a requirement of "reasonable suspicion" which in effect led the predecessors to be much more cautious. In legal terms this is the difference between an irrationality test
Wednesbury unreasonableness
Associated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223 is an English law case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review...

 and a reasonable man test. In other words, a court could not declare an investigation unlawful unless it considered that the EHRC was carrying out an investigation where no reasonable person could have come to the same conclusion. Before a court could declare an investigation unlawful if it thought that the proverbial "man on the Clapham Omnibus
The man on the Clapham omnibus
The man on the Clapham omnibus is a reasonably educated and intelligent but non-specialist person — a reasonable person, a hypothetical person against whom a defendant's conduct might be judged in an English law civil action for negligence. This is the standard of care comparable to that which...

" would not regard an employer as being a suspect "discriminator".

There are some complications in relation to the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

 with the EHRC's powers. If it is going to be a "named investigation" (i.e. the employer will probably get shamed by the publication of its name during an investigation), the EHRC cannot start an investigation into a public authority for breaches under the HRA. Also, it cannot support individual cases in tribunals and courts where the issue would concern matters that fall only under the HRA and not under some pre-existing British equality legislation (like the Sex Discrimination Act 1975
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...

). Practically this will be problematic, not least because if a claim did exist under the HRA, British legislation which did not cover such problems would usually be updated to comply with European Convention
European Convention
The Convention on the Future of Europe , was a body established by the European Council in December 2001 as a result of the Laeken Declaration...

 rights (these are the ones that the HRA implements). Also, the line between what is in the European Convention, what is actually covered by domestic legislation, is difficult to draw. At any rate, section 28 gives the Minister the power to give authorisation for a discrimination case to be fought if a domestic legislation issue has dropped away, but a purely human rights issue remains.

As a successor body, the EHRC's new powers are not dramatic. Some people have called for the changes to go further, for instance, to allow the EHRC to bring proceedings against employers in its own name on any issue (not just human rights ones). The American, Australian, Belgian, Canadian and New Zealand counterparts can.

International status

Although it operates at sub-national level, the EHRC was in 2009 recognised as a member of the worldwide network of national human rights institutions, securing "A status" accreditation from the International Co-ordinating Committee of NHRIs
International Co-ordinating Committee of National Human Rights Institutions
The International Coordinating Committee of National Human Rights Institutions, sometimes shortened to the International Coordinating Committee , is a global network of national human rights institutions - administrative bodies set up to promote, protect and monitor human rights in a given country...

 (ICC). This gives the Commission enhanced access to the Human Rights Council, treaty bodies and other United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 human rights bodies. The EHRC was the second NHRI in the UK, following the creation of the Northern Ireland Human Rights Commission
Northern Ireland Human Rights Commission
The Northern Ireland Human Rights Commission is a non-departmental public body funded through the Northern Ireland Office but operating independently of government as the national human rights institution for Northern Ireland...

 (NIHRC) in 1999, and the Scottish Human Rights Commission
Scottish Human Rights Commission
The Scottish Human Rights Commission was established by an Act of the Scottish Parliament [] and started their work in 2008. The Commission is independent of Government, and the Scottish and Westminster Parliaments. The Scottish Human Rights Commission promotes and protects the human rights of...

 (SHRC) became the third to gain ICC accreditation in 2010. The three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs
European Group of National Human Rights Institutions
The European Group of NHRIs is one of four regional networks of national human rights institutions within the International Co-ordinating Committee of NHRIs...

.

The EHRC has since 2008 engaged in parallel reporting ("shadow reporting") at examinations of the UK under the UN and Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

 human rights treaties
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...

, and in the Universal Periodic Review. It was designated in 2008 as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...

 (CRPD). (It shares that role with the other two NHRIs in the UK - the NIHRC and SHRC - and the Equality Commission for Northern Ireland
Equality Commission for Northern Ireland
The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998...

.) The EHRC chairs the CRPD Working Group of the European Group of NHRIs.

Campaigns

Working Better The Working Better Initiative was launched with a remit of coming up with innovative ways to meet the needs of modern workforce, with a particular focus on flexibility and family life. The Home Front survey formed part of the initial consultation process.

Good Relations The Commission aims to provide research and resources and advice to Local Authorities and to enable greater understanding between communities.

Care and Support A report produced by the Commission highlighted the need to shift from a 'safety net' approach to care to a 'springboard'. The report suggested ways that individuals could be given greater autonomy over their lives and encouraged to engage in society and make social and economic contributions.

Litigation against the British National Party

Following the election of 2 MEP
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...

s from the British National Party
British National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...

 (BNP), a potential issue of public funding was raised by the commission as the BNP constitution states that recruitment is only open to members who are "indigenous Caucasian and defined ethnic groups emanating from that Race"
The Commission's legal director John Wadham has stated that

"The legal advice we have received indicates that the British National party's constitution and membership criteria, employment practices and provision of services to constituents and the public may breach discrimination laws which all political parties are legally obliged to uphold"

This relates to the Race Relations Act 1976
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of...

, which outlaws the refusal or deliberate omission to offer employment on the basis of non-membership of an organisation. However the Race Relations Act sections 25 and 26 allow for exclusively ethnic organisations with a membership of fifty or more. The commission sent a letter to the BNP giving them until 20 July to provide written undertakings that there will not be discrimination in its recruitment procedures. The BNP responded to the letter by stating that it "intends to clarify the word 'white' on its website". However, because the commission believes the BNP will continue to discriminate against potential or actual members on racial grounds, on 24 August 2009 the commission announced that they had issued county court proceedings against the BNP. In a statement the commission reduced the grounds on which it was taking action against the BNP, stating

"The Commission believes the BNP's constitution and membership criteria are discriminatory and, further, that the continued publication of them on the BNP website is unlawful. It has therefore issued county court proceedings against party leader Nick Griffin and two other officials. The Commission has decided not to take action on two further grounds set out in its letter before action in the light of the BNP's commitment to comply with the law."

Commissioners

The Commission is made up of 15 commissioners with backgrounds in various fields of equality and human rights. As of May 2010 they are:
  • Trevor Phillips
    Trevor Phillips
    Trevor Phillips OBE chairs the Equality and Human Rights Commission and is a former television executive and presenter...

     OBE
    Order of the British Empire
    The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...

     (chair)
  • Baroness Prosser OBE (deputy chair)
  • Stephen Alambritis
  • Ann Beynon OBE
  • Kay Carberry CBE
  • Baroness Greengross
    Sally Greengross, Baroness Greengross
    Sally Greengross, Baroness Greengross is a British politician. Sally Greengross was raised to the peerage as Baroness Greengross, of Notting Hill in the Royal Borough of Kensington and Chelsea in the year 2000....

     OBE
  • Meral Hussein Ece OBE

  • Dr Jean Irvine OBE
  • Kaliani Lyle
  • Angela Mason
    Angela Mason
    Angela Margaret Mason CBE is a British civil servant and activist, and a former director of the UK-based lesbian, gay, bisexual, and transgender lobbying organisation Stonewall...

  • Baroness Sherlock
    Maeve Sherlock
    Maeve Christina Mary Sherlock, Baroness Sherlock OBE is a Labour Party life peer who was the chief executive of the Refugee Council, a charity supporting refugees and asylum seekers in the UK, between August 2003 and October 2006. Prior to joining the charity, she worked as a special advisor to the...

     OBE
  • Michael Smith
  • Simon Woolley
  • Professor Geraldine Van Bueren
    Geraldine Van Bueren
    Geraldine Van Bueren is a leading international human rights lawyer. She is a barrister and professor of International Human Rights Law at Queen Mary, University of London...


Some of the first set of Commissioners resigned towards the end of their first term, while others did not seek a second term. The Commissioners included Morag Alexander, Kay Allen, Baroness Jane Campbell of Surbiton, Jeannie Drake CBE, Joel Edwards
Joel Edwards (UK)
Joel Edwards was the General Director of the Evangelical Alliance until the end of 2008. He is now International Director for Micah Challenge and is also a Commissioner of the Equality and Human Rights Commission. He has presented on the BBC Radio 4 feature of The Today programme, Thought for the...

, Professor Kay Hampton, Francesca Klug, Sir Bert Massie CBE, Ziauddin Sardar
Ziauddin Sardar
Ziauddin Sardar is a London-based scholar, writer and cultural-critic who specialises in Muslim thought, the future of Islam, futures studies and science and cultural relations...

, Ben Summerskill
Ben Summerskill
Ben Jeffrey Peter Summerskill OBE is a British businessman and journalist, who is the Chief Executive of the UK-based Lesbian, Gay and Bisexual equality organisation Stonewall, now the largest gay equality body in Europe...

 and Dr Neil Wooding. Nicola Brewer
Nicola Brewer
Dame Nicola Mary Brewer DCMG is a British diplomat, currently serving as the British High Commissioner to South Africa.Nicola Brewer joined the Foreign and Commonwealth Office in 1983, and has worked overseas in India, France and Mexico...

, the first chief executive (and ex officio Commissioner), returned to the diplomatic service.

Offices

The EHRC has four offices: in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

 (at More London
More London
More London is a new development on the south bank of the River Thames, immediately south-west of Tower Bridge in London. The southern exit is on Tooley Street....

, on the River Thames Bankside
Bankside
Bankside is a district of London, England, and part of the London Borough of Southwark. Bankside is located on the southern bank of the River Thames, east of Charing Cross, running from a little west of Blackfriars Bridge to just a short distance before London Bridge at St Mary Overie Dock to...

), in Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...

 (in the Arndale Centre
Manchester Arndale
Manchester Arndale is a large shopping centre in Manchester, England. The centre was built in the 1970s when many other cities were constructing large malls. Manchester Arndale is the largest of a chain of Arndale Centres built across the UK in the 1960s and 1970s...

), in Cardiff (in Callaghan Square), and in Glasgow.

External links

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