Women’s equality in the UK – A health check

Annex 1: The Devolved Administrations
The Government’s 7th Periodic Report 1 outlines the relationship between the Westminster
Government and the Devolved Administrations of Wales, Scotland and Northern Ireland.
Various areas of policy decision making are devolved, such as health; education and training;
local government; housing; statistics, public registers and records; and law and home affairs,
including aspects of criminal and civil law, the prosecution system and the courts. However,
decentralisation of power and decision making does not detract from the responsibility of
Central Government to fulfil its obligations to all women within its jurisdiction and that, equally,
devolved administrations have a responsibility to make progress on women’s human rights
under CEDAW where they have the power. 2
Devolution and localism mean that responsibility for delivery and funding is spread across
different levels of government leading to geographical inconsistencies which could hamper
overall national progress on the realisation of rights guaranteed by CEDAW. Women in some
parts of the UK enjoy a greater promotion of gender equality than others and where there are
positive developments and policies, these are not replicated elsewhere. We are concerned
that, across the UK, there may not be sufficiently developed commitment and leadership, coordination
of strategies, and systematic monitoring of outcomes.
There is no unified national strategy to implement CEDAW in the UK; however, there are equality
strategies for each of the three British nations. The Welsh Government has Equality Objectives
and a Strategic Equality Plan 3 alongside some positive developments regarding women’s
equality. In Scotland the Scottish Government has Ministerial Priorities around gender equality 4
although these have not been updated recently.
The Equality Act 2010 5 applies to England, Wales and Scotland but does not apply to Northern
Ireland (NI). NI does not have single equality legislation. A Single Equality Bill to harmonise and
update the disparate equality legislation in NI had been under consideration, but since 2005
there have been no further developments with regard to this. Therefore there are currently a
variety of equality provisions in operation in NI. The Northern Ireland Act 1998 (Section 75) 6
requires that arrangements be put in place to ensure that equality of opportunity is given due
regard in all statutory policy formulation and delivery. Under Section 75 policies should be
subjected to an impact assessment to assure that equality is promoted for women and men,
people of differing religious and political affiliations, different racial or ethnic backgrounds,
different sexual orientations, different ages, different marital status, whether or not they have
dependants, and whether or not they have a disability. However, despite previous CEDAW
Committee recommendations there continues to be an issue with the implementation
and effectiveness of the Section 75 legislation, limiting its potential impact. In NI the Sex
Discrimination Order (NI) 1976 7 currently does not prohibit unlawful discrimination by public
authorities on the grounds of sex in the exercise of their public functions. This means that
women (or men) cannot bring a complaint if they are discriminated against or harassed on
1. Government Equalities Office (2011) CEDAW (Convention on the Elimination of all forms of Discrimination against Women) report. United
Kingdom’s Seventh Periodic Report. GEO: London http://www.homeoffice.gov.uk/publications/equalities/international-equality/7thcedaw-report?view=Binary
2. CEDAW General Recommendation No. 28 The Core Obligations of States Parties under Article 2 of CEDAW (forty-seventh session, 2010)
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/472/60/PDF/G1047260.pdf?OpenElement Paragraph 39
3. Welsh Assembly Government, The Equality Objectives and Strategic Equality Plan 2012-2016 http://wales.gov.uk/topics/equality/equalitya
ctatwork/;jsessionid=C32863FCADA93901CA4C4DD2676A89F9?lang=en Accessed: 01/05/13
4. The Scottish Government, Gender Equality http://www.scotland.gov.uk/Topics/People/Equality/18500 Accessed: 01/05/13
5. Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/contents
6. Northern Ireland Act 1998, Section 75 http://www.ofmdfmni.gov.uk/section_75
7. Sex Discrimination Order (Northern Ireland) 1976 http://www.legislation.gov.uk/nisi/1976/1042/contents
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