Statement of principles in Single Equality Bill?

This page outlines proposals by the EHRC and by the former equality commissions which are not currently accepted by the Government.

EHRC proposal - stating basic principles of equality

The Equality and Human Rights Commission believes there should be a set of principles which:

create a constitutional promise on equality;
are drafted to have some constitutional significance and to ensure that other procedures, rules and law are subject to them;
provide a philosophical basis for judicial adjudication; and
can be used as a basis from which to derive the rest of the more detailed rules in the new equality act.

It recommends that the first chapter of the Equality Bill should state the basic principles of equality under the law, which would require more than a purpose clause. Alternatively, the set of principles might form the basis of an equality guarantee in the proposed bill of rights suggested by the government in their 'Governance of Britain' paper.

For more, see pages 5-6 of the EHRC's DLR response (link to Word doc on EHRC website).

Former equality commissions' proposal - purpose clause

The Equality and Human Rights Commission took over from the former equality commissions in October 2007. The Disability Rights Commission with the other two former equality commissions recommended that the proposed Single Equality Bill should include a clear statement of its purpose: not merely eliminating discrimination but enhancing dignity and participation and achieving substantive equality through positive action where required. The DRC argued that such a clause would improve public understanding and guide courts, tribunals, and everyone else dealing with the legislation as to how it should be applied and interpreted. (A Framework for Fairness Response (on DRC website)), pages 16-21). There should be more detail on the proposal at www.drc.org.uk/the_law/equality_and_human_rights/proposed_principles_for_a_sea.aspx.html, but this seems to have been currently deleted from the archived DRC website.

The Government currently does not accept this proposal (Green paper page 62).

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Statement of principles in Single Equality Bill?

EHRC proposal - stating basic principles of equality

Former equality commissions' proposal - purpose clause

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