Upholding human rights and equality during Covid-19

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April 2020

coronavirus response graphic ( [link removed] )

As with almost every other organisation in the country, work at
the Equality and Human Rights Commission has changed
significantly over the last six weeks. We started March with our
plans for the coming financial year almost finalised, but these
required a rapid rethink as we responded to the emerging equality
and human rights challenges of the coronavirus pandemic.

The result is a business plan for 2020-21 through which we will
continue important work on our strategic aims, whilst also
adapting our plans and responding rapidly to ensure that all of
our rights are upheld. You can read our business plan for the
year ahead here. ( [link removed] )

As part of that plan, we have reiterated our pledge to use our
unique powers and platform to speak out on the most important
equality and human rights issues of our time. So you can keep
track of the issues we're working on, we now have a specific
section of our website outlining our response to the coronavirus
(Covid-19) pandemic. Keep track of this work here. ( [link removed] )

Some of our calls for action are detailed below. Over the coming
weeks, we'll also be publishing guidance for employers to support
them in ensuring they don’t discriminate against employees with
certain protected characteristics as they make difficult
decisions whilst responding to the pandemic. And we will use our
unique enforcement powers to ensure that equality and human
rights laws are respected and upheld.

Inclusive justice image ( [link removed] )

Preventing a health crisis leading to a justice crisis

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Following the swift expansion of video and phone hearings in the
criminal justice system in response to the coronavirus pandemic,
we published interim findings from our criminal justice system
inquiry ( [link removed] ). This interim report highlights the barriers these technologies
pose to disabled people and our recommendations to mitigate these
risks.

Whilst the overriding concern during the Covid-19 pandemic must
be to protect lives, we need to ensure that emergency changes do
not place protected groups at further disadvantage and deepen
entrenched inequality.

Our interim report covers:

* the use of video-links in the criminal justice system
* how the use of video-links impacts disabled people
* our recommendations to the UK Government

The full report will be published later this year.

Read our criminal justice system inquiry interim report ( [link removed] )

Dr Byrom

Inclusive justice or a crisis in justice?
-----------------------------------------

Dr. Natalie Byrom, Director of Research and Learning at The
Legal Education Foundation, writes about the importance of
ensuring fair access to justice for all. She recommends the
urgent implementation of data collection and recordings at remote
hearings so that lessons can be learned for the future.

Read Natalie's blog ( [link removed] )

coronavirus posters ( [link removed] )

It's crucial we don't abandon our newfound concern for each
other after lockdown

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The coronavirus does not pick and choose whom it infects.
Everyone, irrespective of wealth and status, is at risk and this
is why the restrictions on our freedoms apply equally to us all.

This crisis reminds us of the importance of the role of the
State, but also the need for national unity to look after the
sick and dying, to stop the spread of the virus, to protect our
frontline NHS staff and to accelerate work to find a vaccine. The
Government has been bold in addressing these concerns, and
addressing the immediate financial consequences of the lockdown
for employees and businesses in both the private and third
sectors.

But it’s becoming very clear that the virus and the restrictions
affect various sections of society differently. There is a
growing awareness that older people, people with disabilities,
people from ethnic minority communities and those who are less
well-off, are more vulnerable. What we do know is they are less
resilient because of their health needs, their reduced ability to
access resources or support, or their greater exposure to
hardship.

Our Chair, David Isaac, writes for PoliticsHome ( [link removed] ) on why and how the coronavirus response must protect the most
vulnerable in society for the long-term.

Read more ( [link removed] )

school pupils ( [link removed] )

Use of predicted grades must not put young people's futures at
risk

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Using predicted grades for this summer's exams and assessments
could deepen the existing inequality in education and put the
future of disadvantaged young people at risk if not correctly
implemented. We have warned the exam regulator Ofqual ( [link removed] ) that the there is a risk of lasting negative impact on young
people from certain ethnic minority backgrounds as well
as disabled pupils and those with special educational needs, who
are already often disadvantaged compared to their friends.

Research suggests there may be patterns of conscious or
unconscious race bias when predicting grades. With this in mind,
there is a danger that predicted grading may have an adverse
impact on some groups.

The EHRC has made a number of recommendations in its consultation
response, which include:

* The Department for Education should issue guidance to schools
on the approach teachers should take to predicting grades and
ranking pupils in order to minimise the risk of conscious or
unconscious bias.
* Ofqual should publish a report evaluating the predicted grades
process and outcomes for pupils. If the evaluation reveals higher
than average disparities for pupils with protected
characteristics, these should be investigated thoroughly, with
appropriate remedial action taken.
* In the event that pupils are not happy with the outcome of
their assessment and awarded grade, they must have a meaningful
and timely route of appeal, including on grounds of suspected
unlawful discrimination.

Read more ( [link removed] )

Supermarket

Concerns about access to food and essentials
--------------------------------------------

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We all need to work together to make sure that disabled people
are not left further behind during this emergency.

We have written to the British Retail Consortium to highlight
concerns about disabled people not on the Government's clinically
vulnerable people list and their access to food and essential
items.

Our asks on access to food ( [link removed] )

Hospital ward

Clinical decisions must comply with the Equality Act
----------------------------------------------------

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Doctors and other healthcare professionals are making difficult
decisions in unprecedented circumstances and the country owes
them its profound gratitude. To help inform these decisions,
clear guidance is needed. We have asked the British Medical
Association (BMA) to make it clear that clinical decisions should
not be made on the basis of someone’s disability or underlying
health conditions.

Our asks on BMA guidance ( [link removed] )

Quote marks

"The coronavirus pandemic and the response to it is affecting
different groups in different ways. Many of them already
experience disadvantage. We welcome this review into the apparent
disproportionate impact of the virus on people from ethnic
minority groups and offer NHS England and Public Health England
our help if required."

Rebecca Hilsenrath, Chief Executive of EHRC, on the recent
announcement of a review into why black and ethnic minority
communities are worse hit by coronavirus

Help us to improve our website

Can you spare 15 minutes to help us improve our website? To help
us organise the pages on our website, we are asking people to try
to find content using a series of links. It’s quick, easy and
there are no correct or incorrect answers.

We have been asking for feedback at every stage of website
redevelopment, to make sure our site works for the people who
actually use it. Thank you to everyone who has already taken
part.

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Equality and Human Rights Commission

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