The UK's Equality and Human Rights Commission

The UK’s Equality and Human Rights Commission (EHRC) was created by the Equality Act 2006 and came into being in April 2006. The EHRC replaced three separate organisations: the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission. From 1 October 2007 the EHRC took over the work previously carried out by those three organisations.

The EHRC is a “Non Departmental Public Body” and reports to the Government Equalities Office, the UK government department with responsibility for equality, which also opened in October 2007.

Difficulties Faced by the Equality and Human Rights Commission

The EHRC has not had an easy start in life and has been at the centre of a number of controversies. It has seen several high-level resignations and concerns have been voiced over payments made to consultants who had previously been employees of one of the organisations which it replaced. It is now believed that the EHRC was not fully ready to take over the work of the three previous commissions when it opened on 1st October 2007.

The Purpose of the Equality and Human Rights Commission

The purpose of the EHRC is to bring responsibility for all different types of discrimination under one roof. It was felt that this would make it easier for individuals, businesses and other organisations to get information, advice and help about their rights and responsibilities under human rights and equality law. As well as helping people protect themselves against discrimination or breaches of their human rights the EHRC also works to actively promote equality. The EHRC has responsibility for discrimination or inequality relating to the following areas:

• Age;
• Disability;
• Gender, sexual orientation or gender reassignment;
• Race; and
• Religion and belief.

It is quite likely that an individual may face discrimination which falls under more than one category. By having a single organisation with responsibility and expertise in all types of discrimination and inequality, situations involving more than one type of discrimination should be handled more efficiently than under the previous regime.

What Can the Equality and Human Rights Commission do to Help?

The EHRC can help promote equality and protect human rights in a number of ways. Three of the EHRC’s main functions are described below.

Firstly, the EHRC can provide information to individuals so that they know what their rights are. The EHRC also provides information to organisations such as businesses, schools and public authorities to ensure that they know about their responsibilities under equality law. For example, an employer may contact the EHRC to get information so that he can ensure that he is treating his employees fairly and in accordance with the law.

Secondly, if an individual’s rights have been breached, the EHRC may be able to provide specific legal advice and even take cases to court – particularly if they feel that the case may involve a new or untested area of law. In most cases it is likely that the EHRC may not be able to provide specific legal advice. However, help from the EHRC is also available from their website or via their helpline. In addition, the EHRC provides funding to other organisations which can provide help and advice in relation to discrimination, human rights and equality.

Thirdly, the EHRC aims to influence government policy on equality and discrimination, and to help shape new equality laws. The EHRC intends to ensure that equality and human rights remain a priority for the government. The EHRC will monitor the government’s behaviour to ensure that it lives up to its promise to create a fair and equal society.

The Equality and Human Rights Commission as Legal Enforcer

As well as being able to help individuals with equality cases, the EHRC also has powers to force organisations to fulfil their equality responsibilities. If the EHRC suspects that an organisation or public authority is not fulfilling its equality functions it may carry out an inquiry or investigation.

The EHRC can only help with a human rights legal case if it involves equality issues. However, it may be able to hold an inquiry or bring judicial review proceedings if there has been a breach of the requirements set out in the Human Rights Act. The EHRC can also get involved with pre-existent court proceedings, as a third party, to ensure that human rights laws are being observed.