17 UK discrimination law currently covers gender, marriage, disability and race. In addition, the government is bound by European law, which currently covers discrimination on the grounds of gender, marital status, pregnancy and maternity only, but is likely to be extended in due course.
18 The scope of racial discrimination law in the UK has recently been significantly extended with the Race Relations (Amendment) Act 2000. It now requires certain listed public authorities to comply with a new general duty to promote racial equality.7 This aims to ensure that the listed bodies give due regard to racial equality when carrying out their functions, including policy-making.
19 The UK is also a signatory to various international treaties and conventions with anti discrimination provisions. These do not provide the right of individual complaint against the UK, but should inform the development of policy. Box 5.3 details the relevant legislation and the more important conventions.
BOX 5.3: RELEVANT ANTI DISCRIMINATION LEGISLATION,TREATIES AND CONVENTIONS
ANTI DISCRIMINATION LEGISLATION ❑ The Sex Discrimination Act 1975 (as amended) ❑ The Employment Act 1989 & The Employment Rights Act 1996 ❑ The Equal Pay Act 1970 (as amended) ❑ The Race Relations Act 1976 (as amended) ❑ The Disability Discrimination Act (1995) ❑ Pregnant Workers Directive ❑ Article 119 of the Treaty of Rome, and Equal Treatment and Equal Pay Directives made under the Treaty. EC Law on free movement of workers, services and capital, and freedom of establishment. CONVENTIONS ❑ The UN Convention on the Elimination of All Forms of Discrimination against Women ❑ The UN Convention on the Elimination of All Forms of Racial Discrimination ❑ The UN International Covenant on Civil & Political Rights ❑ The UN International Covenant on Economic, Social and Cultural Rights ❑ The UN Standard Rules on Equalisation of Opportunities for People with Disabilities ❑ The Council of Europe European Convention on Human Rights |
20 Analysis of distributional issues should not be limited to assessing compliance with discrimination law, and international treaties and conventions. Unless appraisers consider the impact a particular proposal has on different groups in society, they cannot be sure the action is having the intended affect.
21 There are three steps when considering equality during appraisal8:
1. Analyse how the proposal will affect different groups of people (e.g. gender, ethnic group, age, disabled, location).
2. Consider whether there are any adverse differential impacts on a particular group. If so, are these impacts unfair or unlawful, or do they contradict overall Government policy.
3. If the action is not permissible in the above senses, remedial action is necessary. If, however, it is permissible, appraisers must decide:
❑ If alternative action could meet the objectives without the same adverse consequences; or
❑ Whether there are any measures that can be taken to reduce the predicted adverse impact.
22 Following is a list of useful organisations when considering equality in appraisal:
❑ Equal Opportunities Commission (EOC)
❑ Commission for Racial Equality (CRE)
❑ Women and Equality Unit - Cabinet Office
❑ Race and Gender Mainstreaming Team - Home Office
❑ Disability Rights Commission
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7 See Section 71 of the Race Relations Act 1976 (as amended by the Race Relations (Amendment) Act 2000)
8 See Policy Appraisal for Equal Treatment, issued to all departments in 1998 by the Cabinet Office, Home Office, and the (then) DfEE