If you have trouble accessing this email, please use the web version

News from the Equality and Human Rights Commission

Friday 01 December 2023

Our five-year report on the state of equality and human rights

We recently published our Equality and Human Rights Monitor. This report evaluates the state of equality and human rights in the United Kingdom and was laid before Parliament on Monday 20 November.

The report is intended to be a reference document for the legal, political and social changes impacting each of the nine protected characteristics. The analysis provides an extensive overview of the progress and challenges in areas such as education, health, justice, and work. 

We have made several recommendations to governments and other organisations to tackle the issues identified in the report, including:

• Mandatory reporting on recruitment, retention, progression and pay of disabled workers, ensuring that the data is split by type of impairment. Employers should be required to publish action plans to address any disparities identified.

• A requirement for governments, education providers and relevant inspectorates to report on, and take action to address, the underperformance of boys relative to girls in primary and secondary education.

• A requirement for governments and health providers to report on, and take action to address, the poorer physical and mental health and poorer experience of accessing healthcare experienced by trans people.

As part of our research, we have also produced additional reports on the state of equality and human rights in Scotland and Wales.

Legal agreement with Live Nation following festival accessibility concerns

Live Nation has signed a legally binding agreement with us following multiple reports of poor accessibility for disabled customers at their Wireless and Download festivals. Under the Equality Act 2010, Live Nation are legally required to make reasonable adjustments for disabled customers at their festivals. 

Following these concerns, Live Nation has now entered into a legal agreement with us to improve accessibility at several of their festivals, including Wireless, Download, Latitude, Wilderness, Reading and Leeds Festival, and to ensure previous issues are not repeated.  

Our call to intervene in landmark case

In a significant legal development, we have been actively involved in a landmark case: Abrahart v University of Bristol.

The case arises from the tragic death of Natasha Abrahart, a 20-year-old University of Bristol student who took her own life in April 2018.

This case holds the potential to have far-reaching consequences, we have been closely monitoring these proceedings due to their implications for various equality issues.

On 2 November, the High Court granted us the opportunity to provide guidance to the court. Our focus will be outlining the appropriate ways and timings for universities to make reasonable adjustments for their students.

Our intervention aims to provide the court with clear and impartial guidance on equality law. Ultimately, this will assist universities in understanding their responsibilities outlined in the Equality Act.

Decision to review our status as an A-status National Human Rights Institution 

Earlier this year, a number of civil society organisations in the UK wrote to the Sub-Committee on Accreditation (SCA), asking for our 'A' status accreditation as a National Human Rights Institution (NHRI) to be reviewed. 

The SCA has decided to consider the issues raised in these submissions in greater depth through its Special Review process.  We expect to be invited to meet online with the SCA during its next session in the spring of 2024. 

We take seriously our duty to protect and promote equality and human rights for everyone. That includes considering, carefully and impartially and on the basis of evidence, how the rights of one person, or group, might be affected by the rights of another.    

We are very confident that we can respond robustly to any questions the Committee may have in March. In the meantime, we remain focused on continuing to fulfil our role as an A status National Human Rights Institution. 

Our letter highlights concern around DWP consultation

We have written to the Secretary of State for Work and Pensions expressing our concerns about his Department’s consultation on changes to the activities and descriptions in the Work Capability Assessment.

We are specifically concerned about the potential impact of the proposals on disabled people. With the consultation set to close after only eight weeks, we consider that the consultation period is insufficient to enable disabled people and their representative organisations to respond meaningfully.

Additionally, the published consultation materials do not include any analysis of the potential impact of the proposed changes on disabled people or other protected characteristic groups. It is vital that disabled people are granted the proper opportunity to engage meaningfully with this consultation process.

We have urged DWP to extend the consultation deadline and to publish detailed analysis of the potential impact of proposals on different groups as a matter of urgency.

Our response following the Supreme Court judgement on the Rwanda asylum policy

The Supreme Court recently upheld the Court of Appeal’s ruling that Rwanda is not a 'safe third country' and the policy of deporting asylum seekers there is unlawful.

We issued a statement in response to the ruling noting that we have consistently highlighted the risks of the policy and that we will continue to fulfil our role as a national human rights institution by offering advice to the Home Office and the UK Government.

Our letter to the Metropolitan Police on the policing of protest activities

Our Chair, Baroness Falkner, wrote to Sir Mark Rowley, Chief Constable of the Metropolitan Police, in regard to the policing of protest activities, particularly those relating to current events in the Middle East.

The letter highlights that we appreciate that policing such protests lawfully and safely involves an ongoing complex balancing of rights and duties, and decisions are taken in rapidly changing circumstances. We remain ready to advise the Metropolitan Police in navigating the delicate balance these rights entail.

Response to the Joint Committee on Human Rights Inquiry

We recently submitted evidence to the Joint Committee on Human Rights’ (JCHR) inquiry into human rights at work.  

We noted several developments, such as the Strikes Act and increased use of AI in the workplace, that call into question the enjoyment of rights at work.  

Responding to the Equality Act 2010 (Amendment) Regulations 2023

The Equality Act 2010 (Amendment) Regulations 2023 are intended to reproduce in UK law a number of equality protections that had previously been protected under European Union (EU) case law. 

Under the Retained EU Law Act these protections would otherwise have fallen away when rights, powers and liabilities derived from EU case law cease to have effect at the end of 2023.

Our response to the King's Speech

We responded to the King's Speech, highlighting both positive developments, and disappointing omissions, for equality and human rights in Britain. 

We are particularly disappointed to see that anticipated legislation to ban harmful conversion practices and the draft Mental Health Bill were not included. 

However, we do welcome the Autonomous Vehicles Bill, which will provide a regulatory framework for self-driving cars, and we are pleased to see proposed measures to improve rail accessibility for disabled passengers.

Our blog on the importance of making reasonable adjustments for disabled children  

It is important to make reasonable adjustments for disabled children from their very earliest days.  

Disabled children are especially vulnerable, given the combination of their young age and their disabilities. It is crucial that the law works to protect these children.  

Abigail Hamer, Legal Principal at the Equality and Human Rights Commission, reflects on the Equality Act Guide for Early Years, recently published by the Council for Disabled Children.  

World Mental Health Day

This World Mental Health Day 2023 we welcome proposed reforms outlined in the draft Mental Health Bill. 

We recommend further changes to address inequalities and protect people's rights and urge government to bring the Bill before Parliament as an urgent priority.

  Submit evidence on the UK’s compliance with the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights (ICCPR) guarantees a range of rights, including the right to freedom of thought, religion and expression, the right to a fair trial, and the right to equality and non-discrimination.

The UN’s Human Rights Committee, which monitors compliance with the ICCPR, has recently confirmed that it will review the UK in March 2024 at a session in Geneva.

To provide the Human Rights Committee with up-to-date and robust evidence, organisations and individuals with a focus on protecting human rights in Britain are invited to submit evidence on the UK’s compliance with the rights contained in the ICCPR.

Submissions should be no longer than 10,000 words and should be submitted to the UN by Monday 5 February 2024.

For more information, the UN has provided information notes on its website.

 Submit evidence on the UKks compliance with the International Covenant on the Elimination of Racial Discrimination

The International Covenant on the Elimination of Racial Discrimination (CERD) aims to prevent racial discrimination and ensure equal access to various human rights, regardless of race, colour, national or ethnic origin.  

Scheduled for August 2014, the UN’s Committee on the Elimination of Racial Discrimination will evaluate the UK’s compliance with the CERD at its 113^th session in Geneva.

Organisations and individuals committed to protecting human rights in Britain are urged to contribute with up-to-date and robust evidence to support the CERD Committee in its review.

The Committee has not yet published the exact dates for submission of evidence. In the interim, we encourage you to refer to the CERD webpage to stay updated.

Visit from the European Commission Against Racism and Intolerance 

We recently welcomed a delegation from the European Commission Against Racism and Intolerance (ECRI) to discuss our shared concerns around racism and intolerance in the UK and how we can help to address the challenges through our role as an equality body and A-status National Human Rights Institution.  

ECRI is a Council of Europe (CoE) expert group that visits each CoE Member State every seven years to monitor how well they are complying with their international obligations. We met with ECRI to support with their monitoring work and promote the best possible standard of human rights compliance across Britain.  

ECRI will publish its report and recommendations this year which will provide a strong foundation for our continued work with Governments and others to promote and protect human rights.  

International Conference of National Human Rights Institutions

Through our role as an A status National Human Rights Institution (NHRI), we recently attended the Global Alliance of National Human Rights Institutions’ (GANHRI’s) 14th international conference of NHRIs, which was co-hosted by the Ukrainian Parliament Commissioner for Human Rights, the Danish Institute for Human Rights and the Office of the United Nations High Commissioner for Human Rights.

The Conference, which focused on torture and ill-treatment and the role of NHRIs, gave NHRIs, international partners and experts an opportunity to share experiences, identify good practices, and reaffirm their vital individual and collective commitments to ensuring the right of all persons to freedom from torture and ill-treatment. 

The Kyiv-Copenhagen Outcome Declaration was adopted at this conference, reaffirming the need to prevent and address all forms of torture and ill-treatment around the world. The Declaration also recognises the need to take a human rights-based approach when undertaking this work.

The UK’s compliance with the UN Convention against Torture will be reviewed by the UN in the next 1-2 years and stakeholders will be invited to submit evidence in due course.

Privacy notice
Equality and Human Rights Commission Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL