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Equality, Diversity and Human Right Awareness Equality, Diversity and Human Rights Team Presented by: Simon Anjoyeb Equality, Diversity and Human Right Adviser What is Equality and Diversity? Diversity Equality Creation of a fairer society, all can participate and have the opportunity to fulfil their potential Recognising and valuing difference in its broadest sense. Equal Outcomes Race/Ethnicity Age Sexual Orientation Disability Gender Identity (Trans) Carers The Protected Characteristics Gender Religion & Belief Civil Partnership & Marriage Maternity & Pregnancy Status What are Human Rights? Not a new concept – International Declaration of Human Rights 1948 Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. (United Nations) Health Inequalities • Death rates from coronary heart disease among South Asians are 50% higher than the England and Wales average. • Men are 3 times more likely than women to commit suicide. • Gay and bisexual men are more than 7 times more likely to attempt suicide that heterosexual men. • Gypsies and Travellers have higher self reported symptoms than other UK residents, but they are less likely to seek medical help. Local statistics reveal a life expectancy of 50. • 24% of deaf/hearing impaired have missed an appointment due to poor communication. • People with Learning disabilities are more likely to die early, have certain cancers, heart problems and respiratory problems As a Society we are Moving in the Right Direction but… • On median average the gender pay gap stands at 9.1% of all employment. (Source Office for National Statistics) • If you are from an ethnic minority, you were 18% less likely to find work in 1997 than a white person. The difference is still 13%. • Only 50% of disabled people of working age are employed, compared to 80% of non disabled people of working age. (Office for National Statistics - Labour Force Survey, Jan - March 2009) 18.6% of the working population have a disability. • Less than 20% of people with a severe mental illness are employed. (Source The Guardian, Mental health and employment: the facts 14/11/07) • Less than 40% of employers would consider employing someone with mental health problems. (Source: Rethink website) Discrimination Direct Discrimination Indirect Discrimination Associative Discrimination Less Favourable Treatment Perceptive Discrimination Denial of Opportunity Based on Prejudice/Bias Against any of the Protected Characteristics Harassment Stonewall’s Examples of Bullying and Harassment • making homophobic insults and threats • making unnecessary and degrading references to an individual’s sexual orientation • engaging in banter or making jokes which are degrading to a person’s sexual orientation or perceived sexual orientation • outing an individual as LGB without their permission • ignoring or excluding a colleague from activities because they are LGB • spreading rumours or gossip about an individual’s sexual orientation • asking an LGB colleague intrusive questions about their private life • making assumptions and judgements about a colleague based on their sexual orientation • using religious belief to justify anti-gay bullying and harassment What type of Discrimination? • Kelly has a severe facial disfigurement. She wants to visit and apply for a job in the local hospital’s nursery, but is told by the Nursery Manager that she cannot because she will make the children feel uncomfortable. • The Outpatient Department of a hospital, has a policy of reminding patients of their appointments by telephone. Public Sector Duties In force as of 6 April 2011: General Duties: • Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. • Advance equality of opportunity between people who share a protected characteristic and those who do not. • Foster good relations between people who share a protected characteristic and those who do not. Human Rights Act 1998 The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: • Right to life • Right not to be tortured or treated in an inhuman or degrading way • Right to liberty • Right to a fair trial • Right to respect for private and family life, home and correspondence • Right not to be discriminated against Complaints from the Family: • Martin Ryan – 43 years old • Severe LD, Down’s Syndrome and Epilepsy • Not able to communicate verbally, and behaviour could be different and challenging Admitted into Kingston Hospital NHS Trust in 2005 after a stroke, when assessed found not able to swallow food/drink a) The Trust failed to meet Mr Ryan’s basic needs (No food for 26 days). b) Trust Staff did not communicate effectively. c) Mr Ryan starved to death. Ombudsman’s Findings: Service Failures: •Not providing effective or adequate stroke care. •Lack of clinical leadership from both medical and nursing staff. •Failure to follow (at that time) a national directive to either develop a stroke unit or configure existing services to provide effective stroke care. •Malnutrition – big contributory factor to death. “prolonged starvation would in my view made it less likely that (Mr Ryan) would have made a neurological recovery, made him more susceptible to infection and less able to combat infection when it occurred. I think therefore that there is a real possibility that delay in feeding contributed to his death.” – Medical Advisor, to Public Inquiry. Death by Indifference Gender Recognition Certificate Gender Recognition Act 2004 states: “It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person”. With regard to accommodation of transitioning trans patients, the DOH states: “…it would not be appropriate for a local hospital manager to declare that all transsexual people must be assigned to wards of their birth assigned gender. However, it might be arguable that, in some circumstances where vulnerable individuals might need to be exposed to a state of undress within a ward, that a trans person may need to be placed in a side ward” Trans – A practical guide for the NHS 2008 To justify this level of action the Trust would need to demonstrate that the action is a proportionate and legitimate aim – the legitimate aim is to protect the vulnerable trans person! However, any accommodation issue involving trans patients should be made in consultation with the trans patient. Common Problems Trans People Face with the NHS • Incorrect usage of names and pronouns • Inappropriate accommodation/facilities • Misconception that gender dysphoria is related to sexual orientation • Failure to understand trans people come to hospital for many reasons • Poor attitudes • Routine health screening • Length of time for transitioning process Case Study “Queries regarding very intimate details of my sex life seem to be allowed, even encouraged. Would I be allowed to ask straight members of staff if they enjoyed anal sex regularly and intimate details about how they performed in bed? It is apparently ‘good fun’ when I am asked”. •How could you challenge a member of staff who made this kind of comment to one of your colleagues? Hate Crime Report it! Where you can get Support from: • • • • Line Management Structure HR – ext. 3400 BME or LGBT Network EDHR Team Contacting the EDHR Team • Barbara Harris – Head of Equality, Diversity and Human Rights. [email protected]. Ext. 7251 • Simon Anjoyeb – Equality and Human Rights Advisor. [email protected]. Ext. 4135 Useful Resources: