Date established:
October 2007
Mode of establishment:
Act of Parliament (Equality Act 2006)
Status:
Non Governmental public body
Mandate/objectives:
Mandate and objectives are set out in the Equality Act 2006 which provides that the Commission’s General Duty is to exercise its functions with a view to encouraging and supporting the development of a society in which:
(a) people’s ability to achieve their potential is not limited by prejudice or discrimination,
(b) there is respect for and protection of each individual’s human rights,
(c) there is respect for the dignity and worth of each individual,
(d) each individual has an equal opportunity to participate in society, and
(e) there is mutual respect between groups based on understanding and valuing of diversity and on shared respect for equality and human rights.
Grounds of Discrimination covered:
Age, disability, gender, reassignment of gender, race, religion or belief and sexual orientation
Competences and responsibilities:
A. The Commission’s statutory duties
The Commission’s statutory duties, set out in sections 8 - 12 of the Equality Act 2006, are to:
Promote understanding of the importance of equality and diversity
Encourage good practice in relation to equality and diversity
Promote equality of opportunity
Promote awareness and understanding of rights under the equality enactments
Enforce the equality enactments
Work towards the elimination of unlawful discrimination
Work towards the elimination of unlawful harassment
Promote understanding of the importance of human rights
Encourage good practice in relation to human rights
Promote awareness, understanding and protection of human rights
Encourage public authorities to comply with section 6 of the Human Rights Act 1998 (compliance with Convention rights)
Promote good relations among and between groups and others, where ‘groups’ include a group or class of persons who share a common attribute in respect of any of the protected grounds
Monitor, and advise government on, the effectiveness of laws relating to equality and human rights and monitor and report progress towards identified desired outcomes.
B. The Commission’s statutory powers
The Commission’s statutory powers under the Equality Act 2006 include the following powers:
Legal Policy - law and policy monitoring, advice and guidance:
to advise central government about the effectiveness of any of the equality and human rights enactments and to recommend amendment, repeal, consolidation etc. of any of the equality and human rights enactments
to advise central or devolved government about the effect of an enactment and the likely effect of a proposed change of law
to issue or revise a code of practice in connection with a matter addressed in the equality enactments
to give advice or guidance (about the effect or operation of an enactment or otherwise)
to publish or otherwise disseminate ideas or information
to undertake research
to co-operate with persons interested in human rights within the UK or elsewhere
to make, co-operate with or assist in arrangements for monitoring crime affecting certain groups
Enforcement - actions by the EHRC in its own name
to conduct an inquiry into any matter related to equality and diversity, human rights or good relations between protected groups and report on its findings
to conduct an investigation where it suspects that the person has breached an equality enactment, and to serve an unlawful act notice
to enter into an enforceable agreement to stop acts of discrimination or breach or public sector equality duty in lieu of an investigation, unlawful act notice or compliance notice;
to conduct an assessment of compliance with public sector equality duties and serve a compliance notice for any breach;
to apply to court for an injunction to restrain the commission of an unlawful act
to bring proceedings in relation to discriminatory advertisements, instructions or pressure to discriminate
to bring own-name proceedings, including judicial review proceedings, and/or to intervene in proceedings relevant
to its equality or human rights functions
Litigation and casework - action to assist victims of discrimination:
- to assist an individual in proceedings for a breach of one of the equality enactments, including providing legal advice, legal representation, facilities for settlement or any other form of assistance
- to assist an individual in proceedings concerning a landlord’s refusal to consent to an improvement in a dwelling
to facilitate the enjoyment of the premises by a disabled occupier;
to make arrangements for the provision of conciliation services for disputes which could otherwise be litigated under one of the equality enactments;
Publication of a Strategic plan:
- The Commission shall publish a plan setting out its activities undertaken in pursuance of its statutory duties, which shall be reviewed and revised every three years. The plan shall be laid before Parliament.
Grants:
- The Commission may make grants to another person in pursuance of its duties (above).
Main activities:
See above
