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News from the Equality and Human Rights Commission
30 November 2022
UK human rights record under the spotlight in the Universal Periodic Review (UPR)
This month, the United Nations Human Rights Council in Geneva examined the UK as part of the Universal Periodic Review (UPR).
The UPR is a process where UN countries review each other’s progress on putting human rights into practice (known as a ‘peer review’) and make recommendations for future improvement.
Earlier this year, we published our UPR report as part of this process and made 29 recommendations to the UK and Welsh governments to improve human rights in Great Britain.
Marcial Boo, our Chief Executive Officer, was present at the examination in Geneva and has written about his experience. In his blog post, he notes that a key aim of our report was to help other countries in making their own recommendations to the UK and it was positive to hear representatives of countries around the world echo many of the issues we had raised.
Read Marcial's blog post [link removed]
New project empowers civil society through
The Universal Periodic Review (UPR) process
We have commissioned Birmingham City University’s (BCU) Centre for Human Rights to empower and support civil society through the Universal Periodic Review (UPR) process, as they hold the UK and Welsh governments to account for their human rights obligations.
As an A-status National Human Rights Institution and a National Equality Body, we are proud to be funding this important work to monitor human rights.
The BCU will be holding events on the UPR over the coming months.
Visit BCU's website for more information [link removed]
Opportunity for solicitors firms to work on
Our support fund for race discrimination cases
We're establishing a new referral panel of solicitors to support our regulatory work.
The panel will be our preferred providers of legal services conducted by solicitors, and complement our existing panel of counsel.
In particular the panel will play a key role in our Legal Support Schemes, supporting individuals to challenge discrimination, harassment and victimisation. Our current Legal Support Scheme [link removed] focusses on race discrimination and can support claimants across Great Britain.
We are inviting firms and organisations with experience of litigating discrimination and human rights cases to apply to become part of our panel. The initial term will be for two years, but may be extended. There will be two separate panels: for England and Wales, and for Scotland.
The deadline for bids is 13:00 on Tuesday 20 December 2022.
Please share with anyone you think may be interested in applying.
View all the details on our procurement portal [link removed]
Our re-accreditation as
A National Human Rights Institution (NHRI)
Last month we shared the news that we were re-accredited as an ‘A status’ National Human Rights Institution (NHRI), following the routine re-accreditation process. This means we remain fully compliant with the ‘Paris Principles’, which provide the benchmark for high-performing, independent National Human Rights Institutions. We also remain able to report directly to the United Nations on human rights issues.
The Global Alliance of National Human Rights Institutions (GANHRI) has now published its report [link removed] on all organisations reviewed in the last session, including recommendations made at every periodic review to strengthen the work of each institution assessed.
We are pleased that the recommendations invite us to continue our core work, look to further strengthen our powers and institution, and to keep on making a difference to the lives of people in England, Scotland and Wales.
Read our full response to GANHRI's report [link removed]
Supporting legal action against alleged harassment in football
Together with the professional footballers' union in Scotland (PFA Scotland), we have been supporting footballer Rico Quitongo in his race discrimination claim against his former club and a club director. The claim followed an alleged incident of racism against Mr Quitongo by a supporter during a match in September 2021, and arose from the way the issue was subsequently handled by Airdrieonians FC.
We part funded the case through our race discrimination fund, which seeks to improve outcomes for victims of racial discrimination and harassment.
Last week, the employment tribunal published its judgment and we were disappointed in its ruling that the actions of the club and its director did not amount to a breach of the Equality Act 2010.
However, we hope that this is an opportunity for football clubs across Britain to better understand their duty to protect their employees and handle allegations in line with the law. There is no place for racism in sport or any other part of society.
The Scottish Football Association has now initiated their own investigation into Mr Quitongo’s allegations of race discrimination.
Find out more about our support fund for race discrimination cases [link removed]
Public Sector Equality Duty (PSED) -
Guidance for schools
We recently published updated guidance for schools on the Public Sector Equality Duty (PSED).
The PSED is a duty on public authorities (including schools) to consciously consider how their policies or decisions affect people who share protected characteristics.
For school pupils, these are:
Disability
Gender reassignment
Pregnancy and maternity
Race
Religion or belief
SexParents and pupils also may make a legal challenge against a school (through judicial review proceedings) if they believe it has not complied with the PSED.
Our updated guidance may help schools in England meet their their legal obligations. Whilst schools are not legally required to follow this guidance, it could be used as evidence in legal proceedings.
Read our updated PSED guidance for schools [link removed]
Our Parliamentary responses and submissions
The Public Order Bill - House of Lords briefing
This month, the House of Lords has been scrutinising the Public Order Bill.
We are continuing to highlight our concerns that the Bill introduces a number of provisions affecting protest, public order and stop and search, that could have significant implications for equality and human rights.
The right to protest is one of the essential foundations of a democratic society, guaranteed by Human Rights laws.
Most recently, we produced a briefing explaining our position on proposed protest buffer zones around abortion services.
Download our latest Public Order Bill briefing [link removed]
Gender Recognition Reform (Scotland) -
Our briefing around the Equality Act
Earlier this month, in our role as Britain’s equality regulator, we advised the Scottish and UK governments on the implications of the Gender Recognition Reform (Scotland) Bill for the operation of the Equality Act 2010.
To assist MSPs as they considered the detail of the Bill at Stage 2 of the Parliamentary process, we provided a briefing on the Bill and its proposed amendments.
The briefing explains the Bill’s main implications for Scotland and other parts of Britain, and the impact of amendments proposed by MSPs, including in relation to the proposed reduction in the age at which a young person can change their legal sex from 18 to 16 years, about which we have particular concerns.
Download our briefing for MSPs [link removed]
Worker Protection (Amendment of Equality Act 2010) Bill - our briefing
Sexual harassment in the workplace is unacceptable and we are committed to tackling it through the use of our regulatory powers.
We recently published a briefing for the House of Lords, fully supporting the Worker Protection Bill as it will introduce a duty on employers to take all reasonable steps to eliminate sexual harassment in the workplace.
Download our latest briefing on the Worker Protection (Amendment of Equality Act 2010) Bill [link removed]
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Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
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