Review of Equalities Legislation fails to measure up, says DRC.
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Tuesday, 04, Sep 2007 12:00
The Green Paper on the future framework for single equalities legislation fails to remedy deficiencies in existing anti-discrimination law, the Disability Rights Commission (DRC) says today.
And specific proposals on changes to the equalities duty on the public sector are a retrograde step in tackling deep-seated discrimination warns the Commission.
As the DRC submits its response to the Green Paper ‘A Framework for Fairness’, it’s Chairman Sir Bert Massie said:
“The Green Paper fails to measure up – either to the remit it was set or the reality of continued inequality and discrimination in Britain today.
“Watering down new duties on the public sector to tackle endemic inequality is hardly a step forward - for people facing disability, gender or racial discrimination.”
A DRC report to be published shortly reveals that the current legal duty to involve disabled people in promoting equality – which will be dropped in the proposed new legislation - has had a positive impact on the public sector.
The DRC’s main criticisms of the green paper rest on:
the threatened dilution of recently enacted duties on public sector bodies to promote disability, race and gender equality.
the failure of the Green Paper to simplify the legal process to make it easier for people suffering discrimination to have their claims heard. Likewise for effective legal measures against persistent discrimination;
the continued exclusion of ships and planes from equal access legislation, with the result that disabled people will continue to receive unfair treatment.
Factors underlining the DRC’s criticism of the Green Paper's deficiencies are:
the removal of the requirement for public bodies to produce a written equality scheme would have serious repercussions on the CEHR’s ability to show that a public body had failed to meet its duties and thereby weaken the enforcement of equality laws in the public sector;
few goods and services discrimination claims have been brought to court – about 10 individuals a year have taken cases not supported by the DRC. This compares to thousands of legal cases about employment. Research shows that the major reason for fewer cases is because of the expense and complexity of the court process;
the Disability Discrimination Act (DDA) 1995 exemption of ships and planes from its provisions leaves a major gap in legislation. 30% of all transport-related calls to the DRC Helpline involve air services. Despite the introduction of new rights under an EU regulation, the DRC believes the DDA needs amending to give full protection to disabled passengers.
The DRC is calling for the Green Paper to be turned into a Draft Bill to ensure proper parliamentary scrutiny.
ENDS
Alyson Rose
Chief Press Officer
Disability Rights Commission
0207 543 7043/mobile: 0777 6171279
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