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January 2022


January news from the Equality and Human Rights Commission


Letter to Scottish Government on GRA reform


Last week we wrote to the Scottish Government about reform of the Gender Recognition Act.


In the letter, we propose that more detailed consideration is needed before any change is made to the provisions in the Act. We continue to call strongly for improvements to how the Act is implemented in practice, including the need for far more and far faster services for people with gender dysphoria.


As Britain’s regulator of equality and human rights law, we consider that the established legal concept of sex, together with the existing protections from gender reassignment discrimination for trans people and the ability for them to obtain legal recognition of their gender, collectively provide the right, balanced legal framework for the protection of everyone. This includes protecting trans people from discrimination and harassment and safeguarding of their human rights.


Read our letter to the Scottish Government on the GRA [link removed]


Our response to UK Government consultation on conversion therapy


Last week we also published our response to the UK Government’s consultation on conversion therapy. Our response focused on the equality and human rights implications of the proposals in the consultation and is supportive of measures to end harmful conversion therapy practices.


However our response also highlights the need for careful and detailed consideration of the implications of the Government’s proposals for a legislative ban for criminal and civil justice, clinicians and therapists, families and religious organisations.


We recommend that additional information is provided on the definition of the key concepts of “conversion therapy” and “transgender” and a draft Bill should be published for pre-legislative scrutiny by a Committee of both Houses of Parliament. This approach will ensure that legislation to ban harmful conversion therapy practices contains clear definitions and terminology so that its effects can be properly understood, and is evidence-based and proportionate.


Read our response to the conversion therapy consultation [link removed]


Gender pay gap reporting


The deadline for reporting Gender Pay Gap data for the 2021/2022 cycle is fast approaching. Public bodies in England, Scotland and Wales with 250 or more employees who are required to report their data must do so by 30 March 2022 or face the possibility of enforcement action.


We are the enforcer of the gender pay gap reporting requirements. In line with previous years, we will be aiming to reach 100% compliance by taking a coordinated, targeted and swift approach to make sure organisations are being transparent about pay gaps in their workforce.


Report your organisation's gender pay gap [link removed]


Scotland Impact Report


Last month our team in Scotland published their annual report for 2020 to 2021. The report reflects on the highlights and achievements made by the team during this period. This includes information about the work of the Scotland Committee, how EHRC Scotland responded to COVID-19, their legal work, research and guidance, transfer of expertise events, and how they worked with the government and parliament.


Read the Scotland Impact Report [link removed]


New report informs improvements to adult social care in Scotland


Our Scotland team recently published a new report on how social covenants and charters work in practice to improve people’s lives. The aim of the report is to inform a discussion on whether such social covenants and charters could improve adult social care in Scotland.


The reports explains that:


Covenants and charters can have a positive effect on systems and public policy


There is not enough research available currently to determine how they improve people’s lives


Many existing covenants and charters don't have sufficient evaluation processes for measuring how they improve people's lives, so this should be considered in future.The report also includes other insights to consider when designing a new covenant or charter.


Read the Scotland report on social covenants and charters [link removed]


Blog - Planning virtual engagement: are your events inclusive and accessible for disabled people?


In our new blog, our Stakeholder Communications Manager Melissa O'Donovan, discusses how to make your events inclusive and accessible for disabled people in an ever-increasing virtual world.


The blog explores our recent inquiry into adult social care and how we planned our engagement with disabled people in an inquiry which was run entirely online.


Read our new blog on accessible engagement [link removed]


Our involvement in the Police, Crime, Sentencing and Courts Bill


We recently published a briefing to provide advice for the Report stage of the Police, Crime, Sentencing and Courts Bill in the House of Lords.


The briefing focused on amendments related to protest and public order which in our view would restrict the right to peaceful protest guaranteed by Articles 10 (Freedom of Expression) and 11 (Freedom of Assembly) of the European Convention on Human Rights.


We were pleased to see Peers protect the right to peaceful protest in the debate, by voting down these amendments.


Read our briefing on the Bill [link removed]


We have been selected to participate in Equinet's Artificial Intelligence Legal Clinic


In February 2022, Equinet [link removed] , the European network of National Equality Bodies (NEBs), is hosting an AI Legal Clinic. This is to enable equality bodies to share learnings, identify real-life cases of suspected discrimination brought about by Artificial Intelligence (AI) and to develop strategies to address them. Led by AI legal expert, Dee Masters of Cloisters Chambers, the session will allow NEBs from across Europe to propose real or illustrative cases to paint a picture of how AI may affect equality and human rights across the entire continent.


We were delighted to be notified that the case we proposed had been selected for the clinic as this will help us share our expertise, respond to emergent technologies as they continue to reshape society, and ensure equality and human rights are protected for all in Great Britain.


We will share an update on the outcome of the clinic in a subsequent newsletters.


Find out more about the Equinet Legal Clinic [link removed]


Blog - The path to persuasion: "Be credible. Be clear. Be captivating."


Jordan Vu-Abouzeid, Communications Officer for the Commonwealth Forum of National Human Rights Institutions, recently attended a training course to learn about the art of persuasion and tackling hate speech.


Jordan has written a blog for Equinet to share what she learned from the event and how equality bodies can respond to hate speech and still promote a message of hope.


Read Jordan's blog on persuasion and hate speech [link removed]


We are looking for cases to tackle race discrimination


Last month we launched a landmark fund to tackle race discrimination and help victims seek justice. Through this fund we are providing vital support for court cases including funding and legal expertise. This fund will be open for a minimum of two years.  To learn more about the fund and to submit a request for financial support for your clients' case, please visit our webpage for more information.


Find out more about the new legal fund [link removed]


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Equality and Human Rights Commission
Fleetbank House, 2-6 Salisbury Square, EC4Y 8JX


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