Litigation Strategy Consultation

24 November 2014, Edinburgh

Examples of strategic cases

• • • Approximate number of times that EHRC has agreed or agreed in principle to use its powers: to provide legal assistance under s28, to intervene in proceedings under s30, or to institute judicial review or other proceedings under s30, even if the matter subsequently did not proceed or the decision was later revoked.

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Consultation framework Purpose

To hear views from a wide range of individuals and organisations including lawyers, advice centres, the voluntary sector other bodies on their priorities in terms of human rights and equality issues, and to use this insight as a key tool for setting the agenda for the organisation's legal work.

Survey online

22 September to 12 December 2014 4/27/2020 3

Consultation framework – Existing policy Principles

• Prioritise cases which advance objectives in strategic plan; • Identify and prioritise cases where the Commission is uniquely placed to act; • Assess if non litigation options are available in each case.

Criteria

• Chances of success; • Cost-effective use of limited resources; • Case will clarify law.

Priority issues

• Reducing pay gap; • Ensure human rights protection for recipients of social services.

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Consultation framework – Survey responses

The following pages include some of the questions from the survey and some early answers resulting from the consultation.

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Consultation framework – Survey responses

Which principles and criteria would be of value in the Commission's role as a National Human Rights Institution?

“The Commission has intervened in a number of high profile cases which have been brought by expert NGOs and there are already a number of other interveners who are providing expert support. It often seems in these cases, that there is enough expertise and

the Commission's resources could be better spent utilising its ability to bring claims under the Human Rights Act in its own name

where it may be difficult for an individual claimant to have victim status or the resources to bring a claim.” 4/27/2020 6

Consultation framework – Survey responses

“This is, for many people, the watchdog of compliance to legislation relating to human rights, equality, inclusivity and accessibility.

The Commission must be allowed to have teeth

in terms of enforcement of legal obligations, be able to impose sanctions if needed, provide advice on support to comply with legislation and increase public awareness of your role and powers .“

Which principles and criteria would be of value in the Commission's role as the National Equality Body?

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“'Caste' based discrimination.”

Consultation framework – Survey responses

What are the most pressing issues in the areas of discrimination and/or human rights law?

“DWP benefit sanctions.” “Disabled people's freedom of movement.” “Mistreatment of patients in hospitals/care homes.” “Disability and gender discrimination in the work place.” “Sexism and dual discrimination (older women ).” 4/27/2020 8

Consultation framework – Survey responses

“Public and Government departments legal requirement to show due regard under the

Public Sector Equality Duty

when drafting legislation, policy and guidance .” “Freedom of conscience, freedom of thought, freedom of speech have all been threatened by recent rulings which have

favoured the protected characteristic of sexual orientation over that of religion & belief

.” “Wording of the Equality Act (Disability Section) which says: ‘An employer has a duty to make

reasonable adjustments

in the work place when employing a person with a disability’.”

What could be effective test cases in the fields of discrimination or human rights?

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Consultation framework – Survey responses

“Confusion results from

combining religion and belief into one category .”

“Clarity is required as to the criteria for deciding how to proceed if one protected characteristic conflicts with another. The most common example of this is the

clash between religion & belief and sexual orientation

.”

Which provisions of the Equality Act 2010 are not working or need clarifying?

“I think there is much confusion on the

s.193 implications for charities

. I also think charity regulators are confused between the implications of this section in relation to individual charities, and their public sector equality duty .” “Sections that relate to

accessibility.

There are still gaps in relation to accessible public transport like coaches. People with sight impairments still struggle to travel independently on buses or coaches due to the lack of assistance provided by the operators .” 4/27/2020 10

Consultation framework – Survey responses

Are there issues arising out of the Human Rights Act 1998 where you believe the Commission is particularly well-placed to bring or support a challenge?

“State surveillance.” “Forced 'religious' conversion.” “Protecting the right to family life of separated non-resident parents.” 4/27/2020 11

And finally…

SURVEY

Please complete the survey by 12 December 2014. The revised survey responses will be published in February 2015.

https://www.equalityhumanrights.com/a bout-us/our-work/ehrc consultations/litigation-strategy survey?wssl=1

CASE REFERRALS

Legal representatives can call to discuss a referral with the Lawyers' Referral Helpline on 0141 228 5951 (Monday to Friday). The Lawyers' Referral helpline can also be accessed on-line at [email protected]

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