TAKING EQUAL OPPORTUNITIES SERIOUSLY THE EXTENSION OF POSITIVE DUTIES TO PROMOTE EQUALITY

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TAKING EQUAL OPPORTUNITIES SERIOUSLYTHE
EXTENSION OF POSITIVE DUTIES TO PROMOTE EQUALITY

• COLM OCINNEIDE
• FACULTY OF LAWS
• UNIVERSITY COLLEGE LONDON

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WHAT ARE POSITIVE DUTIES?

• A LEGAL REQUIREMENT TO TAKE PROACTIVE ACTION TO
  PROMOTE EQUALITY
• DUE REGARD
• MONITORING
• POLICY ASSESSMENT
• PARTICIPATION
• SUBSTANTIVE OUTCOMES

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WHAT DUTIES DO

• ENSURE AN EQUALITY FOCUS
• PROVIDE AN INTERNAL AND EXTERNAL POINT OF
  PRESSURE
• ENSURE SUSTAINABILITY OVER TIME
• PRODUCE BETTER POLICY AND SERVICE DELIVERY

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EXISTING POSITIVE DUTIES

• RACE RELATIONS DUTY 2000 ACT
• NORTHERN IRELAND S. 75 EQUALITY DUTY
• WALES S. 120 ABSOLUTE DUTY
• GLA S. 404 GLA ACT
• SCOTLAND ENCOURAGEMENT OF EQUAL OPPORTUNITIES

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GRADUAL EXTENSION?

• DRAFT DISCRIMINATION BILL 2004
• GOVERNMENT COMMITMENT TO A GENDER DUTY
• DUTY MODEL EQUALLY SUITABLE FOR OTHER GROUNDS

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A CROSS-STRAND DUTY

• REINFORCES THE COMMON PRINCIPLE OF EQUALITY
• ENABLES A FOCUS ON OVERLAPPING PROBLEMS
• ENSURES THE SHARING OF GOOD PRACTICE
• REDUCES BUREAUCRATIC LOAD

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ISSUES

• PROCESS v. OUTCOMES WILL ANYTHING CHANGE?
• CONSULTATION WHO? HOW? CONSULTED TO DEATH?
• BUREAUCRATIC LOAD
• ALL CAPABLE OF BEING OVERCOME

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ENFORCEMENT MACHINERY

• ROLE OF EQUALITY COMMISSION(S)
• CO-ORDINATED GOVERNMENT SUPPORT
• AUDITING MECHANISMS
• PARLIAMENTARY COMMITTEES

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PRIVATE SECTOR DUTIES

• INVOLVE A REQUIREMENT TO IMPLEMENT EXISTING
  PRIVATE SECTOR BEST PRACTICE
• ARE CAPABLE OF BEING DESIGNED TO ENSURE A LIGHT
  REGULATORY LOAD
• EXIST IN DIFFERENT FORMS IN CANADA, NORTHERN
  IRELAND, AUSTRALIA, USA, SCANDINAVIA
• EMPLOYMENT EQUITY
• CONTRACT COMPLIANCE

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INCLUSION

• USING DUTIES TO PROMOTE COMMUNITY COHESION
• LINKING DUTIES AND ANTI-POVERTY INITIATIVES
• HUMAN RIGHTS/EQUALITY LINK

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THE END

• WE NEED PROACTIVE ACTION AS PART OF A CULTURAL
  ACCEPTANCE OF DIVERSITY
• POSITIVE DUTIES CAN DELIVER
• HOW LONG WILL PARALYSIS PREVAIL?