Women’s equality in the UK – A health check

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2.8 2.9 2.10 2.11 in the 7th Periodic Report as examples of useful mechanisms to drive and monitor equality objectives. However, the Government has now terminated PSAs, including the Equality PSA. 11 We do not feel that all relevant government officers in all sectors, as well as the judiciary and relevant legal personnel and parliamentarians, have been trained to carry out their obligations under the CEDAW Convention, which was a 2008 concluding observation, and this lack of understanding has led to continued gender discrimination by these bodies which must be addressed. Equality Act 2010 The Equality Act 2010 has introduced a new, integrated PSED which covers nine ‘protected characteristics’ including gender. The new duty, which took effect in April 2011, may act as a stimulus for public authorities to consider the impact of their policies and decisions on women. The Act claims to replace, harmonise and extend 12 the existing anti-discrimination laws for race, disability and gender and allows “measures to be targeted at women, for example to enable them to gain employment or access health services”. 13 The Equality Act applies to England, Wales and Scotland but does not apply to Northern Ireland (NI). (See Annex 1) In England, unlike in Scotland and Wales, the specific duty requirements of the PSED also have no explicit gender component, 14 which represents a regression in the framework for monitoring and compliance of promoting gender equality for women in England. We are pleased that the Equality Act 2010 includes both direct and indirect discrimination under the ‘protected characteristics’ and that it brings together for the first time all the legal requirements on equality that the private, public and voluntary sectors need to follow. However, it is disappointing that although the original 2006 Act had a provision allowing for ‘combined’ (dual) discrimination claims to be made this was not brought into force and so the final 2010 Act does not outline and address intersectional discrimination which many women experience. We are also concerned that due to the public expenditure cuts there may be a regression in the full realisation of the rights under the Equality Act and other equality legislation in the UK. Recommendations: • Review the decision not to implement the dual discrimination section of the Equality Act 2010 • Carry out a gender equality impact assessment of the programme of public funding cuts Although during the 2012 UPR there was a recommendation to “strengthen measures aimed at reducing serious inequalities in access to health, education and employment, which still exist despite the adoption of the Equality Act” the Government refuted that there were any issues with its implementation, and consider it provides “sufficient, extensive protection from 11. The Equality PSA which was adopted by the Government in 2008 set the following key objectives to achieve greater equality by 2011: a reduction in the pay gap for women; improved choice and control for disabled people; greater participation in public life for disadvantaged groups; a reduction in workplace discrimination and a better understanding of and ability to measure fair treatment in the delivery of public services. See Government Equalities Office (2008) Delivering the Equality PSA 2008-11. GEO: London http://sta.geo.useconnect.co.uk/ PDF/7877-TSO-PSA_Delivery_Plan.pdf 12. Government Equalities Office and Equality and Diversity Forum (2010) Equality Act 2010: What do I need to know? Disability quick start guide https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85011/disability.pdf 13. 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 14. Equality and Human Rights Commission (2012) The Essential Guide to the Public Sector Equality Duty. EHRC: London http://www. equalityhumanrights.com/uploaded_files/EqualityAct/PSED/essential_guide_update.pdf 30 Women’s equality in the UK: CEDAW shadow report 2013
2.12 2.13 discrimination”. However, the Government scrapped the socio-economic duty in the Equality Act as too ‘bureaucratic’ 15 stating that the proposed specific duties in the PSED “would have imposed burdens on public bodies which were at odds with Government’s new approach”. 16 There is an ongoing equality ‘Red Tape Challenge’ 17 review which has led to the Government scrapping “weak and inefficient measures like the Socio Economic Duty and Third Party Harassment [and reducing] unnecessary bureaucracy and burden on the public sector and the private sector”. 18 Equality Impact Assessments, judicial reviews and consultations on policy decisions are also under attack 19 which removes all the mechanisms for holding public bodies to account and ensuring that they meet their obligations under the Equality Act. A review of the Equality Duty should have been completed by April 2013. In their Equality Strategy the Government has acknowledged that “new legislation and increased regulation has produced diminishing returns, and in recent years the progress on equality has stalled and in some areas begun to reverse”. 20 However, the focus on reducing bureaucracy is worrying as it connects this with practices to ensure equalities issues are recognised and upheld along with health and safety practices which should be improved rather than reduced. We believe this demonstrates a lack of commitment to equalities and a dilution of existing legislation and obligations on public bodies which can only lead to more inequality as they are not held to account. Under the Equality Strategy ‘principles of change’, transparency is seen as giving people the “tools and information they need to challenge organisations that are not offering fair opportunities, and public services that are not delivering effectively for all the people they serve”. 21 However, the tools which formed part of previous legislation have been removed and there are only voluntary obligations for public bodies, although the Government could lay codes and statutory guidance on the PSED before Parliament it has declined to do so in this instance. Equality Impact Assessments are a key part of implementing the Equality Act and although they are no longer a requirement of the Act and may well be removed altogether, they are the best method to ensure the obligations of the Act are being enacted. Research by the Centre for Human Rights in Practice at the University of Warwick found that many impact assessments carried out by public bodies were poorly resourced, lacked analysis and seemed like a justification for a decision already taken. 22 This is being used as a justification for their removal rather than as a reason to improve these processes. Recommendation: There need to be authoritative sources of advice and support for government departments on equality impact analysis and a common model of analysis to predict the likely equality effects of policy should be developed 15. Government Equalities Office (2010) The Equality Strategy – Building a Fairer Britain. GEO: London http://www.homeoffice.gov.uk/ publications/equalities/equality-strategy-publications/equality-strategy/equality-strategy?view=Binary 16. Government Equalities Office (2012) The Equality Strategy – Building and Fairer Britain: Progress report. GEO: London http://www. homeoffice.gov.uk/publications/equalities/equality-strategy-publications/progress-report?view=Binary 17. Red Tape Challenge http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/ Accessed: 18/04/13 18. Government Equalities Office (2012) The Equality Strategy – Building and Fairer Britain: Progress report. GEO: London http://www. homeoffice.gov.uk/publications/equalities/equality-strategy-publications/progress-report?view=Binary 19. Mulholland, H. (2012) ‘David Cameron axes equality assessments in war on ‘red tape’’, The Guardian, 19th November 2012 http://www. guardian.co.uk/politics/2012/nov/19/cameron-axe-equality-assessments 20. Government Equalities Office (2010) The Equality Strategy – Building a Fairer Britain. GEO: London http://www.homeoffice.gov.uk/ publications/equalities/equality-strategy-publications/equality-strategy/equality-strategy?view=Binary 21. Government Equalities Office (2010) The Equality Strategy – Building a Fairer Britain. GEO: London http://www.homeoffice.gov.uk/ publications/equalities/equality-strategy-publications/equality-strategy/equality-strategy?view=Binary 22. Stephenson, M. and Harrison, J. (2011) Unravelling Equality: A Human Rights and Equality Impact Assessment of the Spending Cuts on Women in Coventry. A Joint Report of the Centre for Human Rights in Practice, University of Warwick and Coventry Women’s Voices http:// www2.warwick.ac.uk/fac/soc/law/chrp/projectss/humanrightsimpactassessments/cwv/ Women’s equality in the UK: CEDAW shadow report 2013 31
Page 1 and 2: Women’s equality in the UK - A he
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Page 5 and 6: Appendices (online only) Appendix 1
Page 7 and 8: • the continued discrimination ag
Page 9 and 10: • Develop a common model of analy
Page 11 and 12: Article 9 - Nationality: One third
Page 13 and 14: investment in social infrastructure
Page 15 and 16: and increase the marginalisation of
Page 17 and 18: have been no prosecutions in Englan
Page 19 and 20: 1 2 3 4 5 Introduction This is a Un
Page 21 and 22: 10 11 12 13 housing crisis, a ‘lo
Page 23 and 24: 1.1 1.2 1.3 Article 1 - Overarching
Page 25 and 26: 1.7 1.8 1.9 1.10 1.11 1.12 Women’
Page 27 and 28: 1.17 1.18 1.19 Young women We are a
Page 29: 2.4 2.5 2.6 2.7 consult to “remov
Page 33 and 34: 2.17 2.18 2.19 2.20 2.21 worsen gen
Page 35 and 36: 2.26 2.27 2.28 2.29 CEDAW and the l
Page 37 and 38: 3.7 3.8 3.9 3.10 would “increase
Page 39 and 40: 3.15 3.16 3.17 and accountable EHRC
Page 41 and 42: 3.22 3.23 3.24 report is was partic
Page 43 and 44: classes, migrants, and Gypsy, Trave
Page 45 and 46: the institutional discrimination an
Page 47 and 48: 5.5 5.6 5.7 Case study: 8 Sandra li
Page 49 and 50: 5.12 5.13 5.14 issue. A more approp
Page 51 and 52: 6.1 6.2 6.3 6.4 Article 6 - Exploit
Page 53 and 54: 6.9 6.10 6.11 to the protection and
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Page 57 and 58: 6.24 6.25 6.26 women and increase t
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Page 61 and 62: 7.1 7.2 Article 7 - Political and p
Page 63 and 64: 7.7 7.8 7.9 7.10 The House of Lords
Page 65 and 66: 7.13 7.14 7.15 7.16 7.17 Recommenda
Page 67 and 68: 7.21 7.22 7.23 Political representa
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Page 71 and 72: 9.9 9.10 Mainstreaming gender in th
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Page 75 and 76: 9.21 9.22 9.23 9.24 women. 47 (See
Page 77 and 78: 9.28 9.29 9.30 9.31 New family migr
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9.39 9.40 9.41 9.42 • Do not redu
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9.46 Research on immigration case m
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10.5 10.6 10.7 10.8 10.9 The Educat
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10.13 10.14 10.15 10.16 boys and on
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10.22 10.23 allow speakers to promo
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10.29 10.30 10.31 10.32 Case study:
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10.37 10.38 10.39 10.40 • Many wo
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10.46 10.47 10.48 applications (fig
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11.1 11.2 11.3 11.4 Article 11 - Em
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11.8 11.9 are 754,000 women working
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11.14 11.15 11.16 11.17 11.18 The g
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11.24 11.25 11.26 per week or they
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11.31 11.32 11.33 Introducing more
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11.37 11.38 Case study: 83 Jasmine
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11.42 11.43 11.44 11.45 At the 2012
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12.3 12.4 12.5 12.6 of women and en
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12.12 12.13 12.14 12.15 Translators
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12.19 12.20 12.21 12.22 Barriers to
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12.25 12.26 12.27 12.28 Gypsy and T
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12.34 12.35 12.36 12.37 Older women
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12.41 12.42 Recommendations: • Th
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12.47 12.48 12.49 12.50 they are at
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12.55 12.56 12.57 Case studies: 128
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12.60 12.61 12.62 12.63 12.64 hospi
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13.1 13.2 13.3 13.4 13.5 Article 13
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13.11 13.12 13.13 13.14 children ne
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13.17 13.18 13.19 13.20 Welfare ref
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13.25 13.26 13.27 13.28 because in
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13.32 13.33 Case study: 57 “As a
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13.36 13.37 allocation of resources
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13.41 13.42 Homelessness, including
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13.47 13.48 BME women would be left
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13.52 13.53 13.54 13.55 with some l
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13.60 13.61 13.62 effect to their p
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14.6 14.7 14.8 disabled and lesbian
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14.14 Gypsy and Traveller women suf
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15.6 15.7 15.8 15.9 15.10 15.11 The
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15.14 15.15 15.16 purport to be vic
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15.21 15.22 15.23 Case study: 35
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15.28 15.29 15.30 15.31 has not pro
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15.35 15.36 behaviour by male priso
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16.5 16.6 people being forced into
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16.10 16.11 16.12 16.13 16.14 16.15
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16.21 16.22 frequently women’s ac
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Recommendations: • Parents with c
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19.6 19.7 19.8 as well as for our c
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19.13 19.14 19.15 19.16 The Governm
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19.22 19.23 19.24 19.25 VAWG is a c
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19.30 19.31 19.32 19.33 DV is still
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19.38 19.39 19.40 perpetrators thro
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19.43 19.44 19.45 Support for victi
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19.49 19.50 19.51 19.52 Recommendat
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19.57 19.58 19.59 19.60 BMER VAWG p
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19.62 19.63 19.64 19.65 VAWG in hea
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19.70 19.71 19.72 Invisibility of s
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19.77 19.78 19.79 A number of repor
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19.85 19.86 means more provision. T
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Annex 1: The Devolved Administratio
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to 41.8% of rural men. 16 Rural are
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Annex 2: The UK’s relationship wi
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Annex 3: UK reservations and declar
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ESA - Employment and Support Allowa
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Annex 5: Acknowledgements Many than
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Women’s Resource Centre is suppor
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Women’s equality in the UK – A health check

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