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The Equality and Human Rights Commission (EHRC) is a
non-departmental public body In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process o ...
in
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
, established by the
Equality Act 2006 The Equality Act 2006 (c 3) is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comp ...
with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
and Wales (in Scotland, together with the Scottish Commission for Human Rights). It took over the responsibilities of the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age,
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
and religion or belief. A national human rights institution, it seeks to promote and protect human rights throughout Great Britain. The EHRC has offices in
Manchester Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The ...
,
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
,
Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...
and
Cardiff Cardiff (; cy, Caerdydd ) is the capital city, capital and List of urban areas in the United Kingdom, largest city of Wales. It forms a Principal areas of Wales, principal area, officially known as the City and County of Cardiff ( cy, Dinas a ...
. It is a
non-departmental public body In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process o ...
(NDPB) sponsored by the Government Equalities Office, part of the Cabinet Office. It is separate from and independent from Government but accountable for its use of public funds. Its Commissioners are appointed by the Minister for Women and Equalities. The EHRC's functions do not extend to
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
, where there is a separate Equality Commission (ECNI) and a Human Rights Commission (NIHRC), each and both established under the
Northern Ireland Act 1998 __NOTOC__ The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which allowed Westminster to devolve power to Northern Ireland, after decades of direct rule. It renamed the New Northern Ireland Assembly, established by ...
in pursuance to the Belfast/Good Friday Agreement. The current head of the EHRC is Kishwer Falkner, Baroness Falkner of Margravine, who took on the role in December 2020. The Commission has been criticised for its treatment of minority staff, and since 2021 for its actions in transgender matters.


Powers

The EHRC derives its powers from the Equality Act 2006, which resulted from the government
white paper A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
, ''Fairness for All: A New Commission for Equality and Human Rights''. Section 3 states the EHRC has a general duty to work towards the development of a society where equality and rights are rooted. This is taken to mean,
(a) people's ability to achieve their potential is not limited by
prejudice Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's per ...
or discrimination,
(b) there is respect for and protection of each individual's human rights (including respect for the dignity and worth of each individual),
(c) each person has an equal opportunity to participate in society, and
(d) there is mutual respect between communities based on understanding and valuing of diversity and on shared respect for equality and human rights.
Section 30 strengthens the EHRC's ability to apply for judicial review and to intervene in court proceedings, through giving explicit statutory provision for such action. Sections 31–2 gives the EHRC a new power to assess public authorities' compliance with their positive equality duties. It can issue "compliance notices" if it finds a public authority is failing in its duties. Public authorities, importantly, are bound under the Human Rights Act 1998 to act in a way compatible with the European Convention on Human Rights (s.6 HRA). The EHRC's role is therefore one of catching matters before they lead to the courts. So if you work for a public sector employer (like a local council or the civil service) there are more avenues to enforce equality standards in your favour. This may seem somewhat odd, considering that public sector employers are consistently shown to have excellent workplace practices. Section 30(3) of the Equality Act 2006 allows the EHRC to bring judicial review proceedings under the HRA against public authorities. This is a stronger tool than usual, because the EHRC is not subject to the normal requirement of being a "victim" of a Human Rights violation. Under section 24, the EHRC can enter into binding agreements with employers. So for instance, it can agree that an employer will commit to equality best practice audits or avoid discriminatory practices that it may identify, in return for not investigating (a bad thing for employers' publicity). It can enforce these agreements through injunctions. Previously only the Disability Rights Commission had such powers, the CRE and the EOC were more limited. For instance, the EOC used only to have the power to get injunctions against bodies with a bad track record of discrimination. Section 20 gives the EHRC the power to carry out investigations when it has the "suspicion" of unlawful discrimination taking place. Before. this had been limited to a requirement of "reasonable suspicion" which in effect led the predecessors to be much more cautious. In legal terms this is the difference between an irrationality test and a reasonable man test. In other words, a court could not declare an investigation unlawful unless it considered that the EHRC was carrying out an investigation where no reasonable person could have come to the same conclusion. Before a court could declare an investigation unlawful if it thought that the proverbial " man on the Clapham Omnibus" would not regard an employer as being a suspect "discriminator". There are some complications in relation to the Human Rights Act 1998 with the EHRC's powers. If it is going to be a "named investigation" (i.e. the employer will probably get shamed by the publication of its name during an investigation), the EHRC cannot start an investigation into a public authority for breaches under the HRA. Also, it cannot support individual cases in tribunals and courts where the issue would concern matters that fall only under the HRA and not under some pre-existing British equality legislation (like the
Sex Discrimination Act 1975 The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassm ...
). Practically this will be problematic, not least because if a claim ''did'' exist under the HRA, British legislation which did not cover such problems would usually be updated to comply with
European Convention Several bodies or treaties are known as European Convention. Bodies of the European Union * European Convention (1999–2000) which drafted the: ** ''Charter of Fundamental Rights of the European Union'' (2000 / 2009) * Convention on the Future of ...
rights (these are the ones that the HRA implements). Also, the line between what is in the European Convention, what is actually covered by domestic legislation, is difficult to draw. At any rate, section 28 gives the Minister the power to give authorisation for a discrimination case to be fought if a domestic legislation issue has dropped away, but a purely human rights issue remains. As a successor body, the EHRC's new powers were not dramatic. Some people called for the changes to go further, for instance, to allow the EHRC to bring proceedings against employers in its own name on any issue (not just human rights ones). The American, Australian, Belgian, Canadian and New Zealand counterparts can.


International status

Although it operates at sub-national level, the EHRC was in 2009 recognised as a member of the worldwide network of national human rights institutions, securing "A status" accreditation from the International Co-ordinating Committee of NHRIs (ICC). This gives the Commission enhanced access to the Human Rights Council, treaty bodies and other United Nations human rights bodies. The EHRC was the second NHRI in the UK, following the creation of the Northern Ireland Human Rights Commission (NIHRC) in 1999, and the Scottish Human Rights Commission (SHRC) became the third to gain ICC accreditation in 2010. The three bodies share representation and voting rights in the ICC and its regional network, the European Group of NHRIs. The EHRC has since 2008 engaged in parallel reporting ("shadow reporting") at examinations of the UK under the UN and
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
human rights treaties, and in the Universal Periodic Review. It was designated in 2008 as part of the United Kingdom's independent mechanism for promoting, monitoring and protecting implementation in the state of the United Nations
Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, ...
(CRPD). (It shares that role with the other two NHRIs in the UK – the NIHRC and SHRC – and the Equality Commission for Northern Ireland.) The EHRC chairs the CRPD Working Group of the European Group of NHRIs.


Operations

The Board of Commission comprises commissioners with backgrounds in equality and human rights. They are: * Kishwer Falkner, Baroness Falkner of Margravine (Chair) *
Caroline Waters Caroline Waters OBE is deputy chair of the UK's Equality and Human Rights Commission (appointed in January 2013). She is also Vice President of Carers UK Carers UK is the main membership charity in the United Kingdom for carers. It was formed by t ...
OBE (Deputy Chair) *
Jessica Butcher Jessica Butcher is the co-founder of Blippar and social media video platform Tick. In 2012, she was listed as '' Fortune'' "10 Most Powerful Women Entrepreneurs", and one of the BBC's 100 Women in 2014. She was one of four new Equality and Human ...
MBE * David Goodhart * Alasdair Henderson * Helen Mahy CBE * Dr Lesley Sawers OBE (Scotland Commissioner) * Su-Mei Thompson * Akua Reindorf * Eryl Besse (Wales Commissioner) The EHRC has four offices: in London, in
Manchester Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The ...
(in the
Arndale Centre Arndale Centres were the first "American style" malls to be built in the United Kingdom. In total, twenty three Arndales have been built in the United Kingdom, and three in Australia. The first opened in Jarrow, County Durham, in 1961, as a ...
), in Cardiff, and in Glasgow.


History

Trevor Phillips became head of the Commission for Racial Equality in 2003, and on its abolition in 2006 was appointed full-time chairman of its successor, the EHRC. Phillips' tenure as EHRC chairman (which at his request became a part-time position in 2009) was at times controversial. Under Phillips' leadership it was reported that six of the body's commissioners departed after expressing concerns about his leadership and probity and others were reported to be considering their position. Some of the first set of Commissioners resigned towards the end of their first term, while others did not seek a second term. These Commissioners included Morag Alexander, Kay Allen, Baroness Campbell of Surbiton, Jeannie Drake CBE, Joel Edwards, Mike Smith, Professor Kay Hampton, Francesca Klug, Sir Bert Massie CBE, Ziauddin Sardar, Ben Summerskill and Dr Neil Wooding. Klug, who resigned in summer 2009, described a culture of intimidation at the Commission, while Hamptom said Phillips "didn't get human rights", Summerskill described a problem of nepotism, and Massie described it as "sluggish". Nicola Brewer, the first chief executive (and ex officio Commissioner), resigned in March 2009 and returned to the diplomatic service. Her successor's salary was advertised at £120,000 (£65,000 less than she had been paid), a similar salary to its directors. In 2010 Phillips was investigated regarding alleged attempts to influence a committee (the Joint Committee on Human Rights) writing a report on him. He would have been the first non-politician in over half a century to be convicted of this offence, but the Lords Committee found that the allegations were "subjective, and that no firm factual evidence is presented in their support; nor are they borne out by the submissions by individual members of the JCHR." He was cleared of contempt of Parliament and the House of Lords recommended that new and clearer guidance about the conduct of witnesses to Select Committees be issued. However, he was told his behaviour was "inappropriate and ill-advised". Phillips completed his second term of office in September 2012, which, together with his term at the CRE made him the longest serving leader of any UK equality commission. In 2006 Phillips asserted that Britain's current approach to multiculturalism could cause Britain to "sleepwalk towards segregation". He expanded on these views in 2016 in a publication by Civitas entitled ''Race and Faith: the Deafening Silence'', in which he said that "squeamishness about addressing diversity and its discontents risks allowing our country to sleepwalk to a catastrophe that will set community against community, endorse sexist aggression, suppress freedom of expression, reverse hard-won civil liberties, and undermine the liberal democracy that has served this country so well for so long." The third chair of the Commission was David Isaac, appointed in 2016. Isaac was formerly chairman of
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...
charity Stonewall and trustee of the
Diana, Princess of Wales Memorial Fund The Diana, Princess of Wales Memorial Fund was an independent grant-giving foundation established in September 1997 after the death of Diana, Princess of Wales, to continue her humanitarian work in the United Kingdom and overseas. It was a regi ...
. In 2017, the National Audit Office reported that the Commission's budget had been cut by almost 70% in the ten years since it was created, with plans for a further 25% reduction over the next four years. Isaacs' tenure came to an end in August 2020. The interim chair was Caroline Waters (previously deputy chair).


Notable investigations


British National Party

Following the election of two MEPs from the British National Party (BNP) in the 2009 European elections, a potential issue of public funding was raised by the Commission as the BNP constitution states that recruitment is only open to members who are "indigenous Caucasian and defined ethnic groups emanating from that Race" The Commission's legal director
John Wadham Sir John Wadham (c.1344–1412) was a Justice of the Common Pleas from 1389 to 1398, during the reign of King Richard II (1377–1399), selected by the King as an assertion of his right to rule by the advice of men appointed of his own choice, ...
stated that "The legal advice we have received indicates that the British National party's constitution and membership criteria, employment practices and provision of services to constituents and the public may breach discrimination laws which all political parties are legally obliged to uphold" This relates to the
Race Relations Act 1976 The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and n ...
, which outlaws the refusal or deliberate omission to offer employment on the basis of non-membership of an organisation. The EHRC asked the BNP to provide written undertakings that there will not be discrimination in its recruitment procedures. The party responded to the letter by stating that it "intends to clarify the word 'white' on its website". However, because the EHRC believed the BNP would continue to discriminate against potential or actual members on racial grounds, the commission announced that they had issued county court proceedings against it. In a statement, the Commission reduced the grounds on which it was taking action against the BNP, stating "The Commission believes the BNP's constitution and membership criteria are discriminatory and, further, that the continued publication of them on the BNP website is unlawful. It has therefore issued county court proceedings against party leader Nick Griffin and two other officials. The Commission decided not to take action on two further grounds set out in its letter before action, in the light of the BNP's commitment to comply with the law."


Campaigns

These include: 2010 – Care and Support A report produced by the Commission highlighted the need to shift from a "safety net" approach to care to a "springboard". The report suggested ways that individuals could be given greater autonomy over their lives and encouraged to engage in society and make social and economic contributions. 2016 – Working Better The Working Better Initiative was launched with a remit of coming up with innovative ways to meet the needs of modern workforce, with a particular focus on flexibility and family life. The Home Front survey formed part of the initial consultation process. 2018 – Good Relations The Commission aims to provide research and resources and advice to Local Authorities and to enable greater understanding between communities.


Metropolitan Police Service

In September 2016, the EHRC published a report on discrimination within the
Metropolitan Police Service The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and ...
. The investigation was launched in response to concerns about the MPS's treatment of Black and minority ethnic (BME), female and gay officers and focused on the MPS's grievance and misconduct procedures.


Inequality

A 2018 EHRC report, co-authored by Jonathan Portes and Howard Reed, found government policies disproportionately harmed the poorest in UK society. Public service and benefits cuts disproportionately affect those with least, single parents and disabled people. This puts the government in breach of its human rights obligations. The study considers the extent of the cuts and their disproportionate effect on the most disadvantaged were a policy choice, and not inevitable. The study investigates spending on the NHS, social care, police, transport, housing and education from 2010 to 2015 on different groups in England, Scotland and Wales. It also attempts to predict the effect of spending plans for these services to 2021–22, and alterations to taxes and benefits. Reductions per person since 2010 were notably higher in England, (roughly 18%) than in Wales (5.5%) and Scotland (1%), partly because devolved governments chose to reduce some effects of the cuts. The 20% of people in England with lowest income lost on average 11% of their incomes due to
austerity Austerity is a set of political-economic policies that aim to reduce government budget deficits through spending cuts, tax increases, or a combination of both. There are three primary types of austerity measures: higher taxes to fund spend ...
contrasted with no losses for the wealthiest fifth of households. Lone-parent households lost most from tax and spending alterations, on average. In England, they lost 19% of their income, contrasted with 10.5% in Wales and 7.6% in Scotland. Large families lost more than smaller ones. Families with three or more children lost on average 13% of final income, contrasted with between 7% and 8% in Scotland and Wales. Households with disabled members, households with an average adult age of 18–24, and black households lost disproportionately from austerity cuts. Making vulnerable groups suffer austerity cuts disproportionately goes against non-discrimination principles which the UK has agreed to under international human rights law. Ministers are asked by the authors to reduce the impact of austerity cuts through raising means-tested benefits, tax credits and universal credit, and increasing spending on health, social care, education and social housing. Rebecca Hilsenrath of the EHRC said, "We know that some communities are being left behind and that the gap is widening. We know we need to do something before it’s too late and we’ve shown that it’s possible to assess public spending decisions to see if we can make the impact fairer."


Labour Party

In September 2017, EHRC Chief Executive, Rebecca Hilsenrath, demanded a zero tolerance approach to antisemitism in the Labour Party and swift action by the leadership to deal with it. In March 2019, Antony Lerman, former founding director of the Institute for Jewish Policy Research, raised concerns that Hilsenrath's September 2017 statement made her unsuitable to lead a probe into Labour, writing in OpenDemocracy: "Prior to investigation, is it not worrying that the CEO already claims to know what the Labour Party needs to do?" Hilsenrath later recused herself from the decision to investigate the Labour Party as her status as “an active member of the Anglo-Jewish community" could cause a perception of bias. In May 2019, after submissions by the Jewish Labour Movement and the Campaign Against Antisemitism (CAA), the EHRC launched a formal investigation under section 20 of the
Equality Act 2006 The Equality Act 2006 (c 3) is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comp ...
into whether Labour had "unlawfully discriminated against, harassed or victimised people because they are Jewish": specifically, whether "unlawful acts have been committed by the party and/or its employees and/or its agents, and; whether the party has responded to complaints of unlawful acts in a lawful, efficient and effective manner." The CAA was represented in its case to the EHRC by Doughty Street Chambers barrister Adam Wagner, a member of the EHRC's panel of counsel. According to Middle East Eye,
Jewish Voice for Labour Jewish Voice for Labour (JVL) is an organisation formed in 2017 for Jewish members of the UK Labour Party. Its aims include a commitment "to strengthen the party in its opposition to all forms of racism, including anti-Semitism... to uphold th ...
(JVL) welcomed the investigation but argued that, without making public the complaints the EHRC received and Labour's initial response, the EHRC have violated the
Equality Act 2006 The Equality Act 2006 (c 3) is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comp ...
which requires that they specify who is being investigated and "the nature of the unlawful act" they are suspected of committing, as required by its own terms of reference. In November 2019, JLM accused the Labour Party of "dirty tricks" against the EHRC for its lack of co-operation with the inquiry. In December 2019, the JLM submission to the inquiry was leaked to the media. It included 70 sworn testimonies from current and former Party staff members, and concluded that “the Labour party is no longer a safe space for Jewish people”. Draft findings were passed to the Labour Party in July 2020, with 28 days to respond. In October 2020, the EHRC published its report, determining that the party was "responsible for unlawful acts of harassment and discrimination". The EHRC determined that there were 23 instances of political interference by staff from the leader’s office and others and that Labour had breached the Equality Act in two cases. Former party leader
Jeremy Corbyn Jeremy Bernard Corbyn (; born 26 May 1949) is a British politician who served as Leader of the Opposition and Leader of the Labour Party from 2015 to 2020. On the political left of the Labour Party, Corbyn describes himself as a socialis ...
was suspended from the party for several weeks and had the party
parliamentary whip A whip is an official of a political party whose task is to ensure party discipline in a legislature. This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology o ...
removed on 29 October 2020 "for a failure to retract" his assertion that the scale of antisemitism within Labour had been overstated by opponents. In December 2020, Labour published its action plan on antisemitism in response to the EHRC report.


Windrush scandal

In June 2020, it was announced the Commission would investigate the UK Home Office over its hostile environment policy towards migrants under the Coalition and Conservative governments, and the ensuing Windrush scandal. The report was published in November 2020.


Conservative Party

The Muslim Council of Britain (MCB) first asked the EHRC to investigate the
Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...
in May 2019. It received no reply and made a second request in November 2019 and again received no reply. In March 2020, the MCB submitted a dossier including 300 supposed cases of prejudiced or discriminatory language against Muslims within the Conservative Party. On 12 May, the EHRC announced that it would not be investigating the Conservative Party for racism, pending its monitoring of the party's own internal review.


Controversies and criticisms


Conflicts of interest

Prior to David Isaac's appointment as chair of the Commission, two parliamentary committees warned that there was a potential conflict of interest because his legal firm, Pinsent Masons, carries out “significant work for the government”, after he accepted that his annual legal income of over £500,000 would dwarf the £50,000 he would earn from the EHRC. While
Christian Concern Christian Concern is the trading name of CCFON Ltd, a not for profit advocacy group described as 'one of the most prominent evangelical organisations in the United Kingdom', reaching a mailing list of more than 43,000 people. Christian Concern se ...
called for his appointment to be blocked, it was welcomed by ''
The Jewish Chronicle ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the ...
''. In May 2019, Suzanne Baxter, another EHRC board member, joined Pinsent Masons. In June 2020, ''
Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print m ...
'' reported that an EHRC commissioner, Pavita Cooper, had failed to declare a November 2013 £3,500 donation to the Conservative Party recorded on the Electoral Commission website and an October 2013 fundraising reception she and her husband hosted for her local party in Brentford and Isleworth, both prior to her appointment as a commissioner in 2018. The EHRC made a statement saying "Pavita Cooper has not made a donation to any political party and is not a member of any party." After resigning as chair in 2020, Isaac said that the EHRC had been undermined by pressure to support the Conservative government's agenda. "My view is that an independent regulator shouldn't be in a position where the governments of the day can actually influence the appointments of that body to support a particular ideology," he told ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers '' The Observer'' and '' The Guardian Weekly'', ''The Guardian'' is part of the ...
''.


Racism

In March 2017, the EHRC was criticised by campaigners, including
Lord Ouseley Herman George Ouseley, Baron Ouseley Kt (born 24 March 1945) is a British parliamentarian, who has run public authorities, including local councils and is an adviser and reviewer of public services organisations. Lord Ouseley has expertise in ...
and Peter Herbert, for allegedly targeting
Black, Asian and Minority Ethnic A number of different systems of classification of ethnicity in the United Kingdom exist. These schemata have been the subject of debate, including about the nature of ethnicity, how or whether it can be categorised, and the relationship betw ...
(BAME) staff for compulsory redundancies and for failing to appoint BAME personnel to senior positions. The campaigners said that, out of 12 staff selected for redundancy, only two were white British, while eight were from a BAME background, four were Muslim, and six were disabled. Campaigners also said that there were no visible minorities among the senior management team, after the only black director was selected for redundancy, and that all two of the remaining BAME workers were on the bottom three pay grades. The EHRC denied claims that staff were sacked by email. In July 2020, ''Newsweek'' reported that two BAME former commissioners at the EHRC, Baroness Meral Hussein-Ece and Lord Simon Woolley, said they were not reappointed to their roles in November 2012 because they were "too loud and vocal" about issues of race.


Disabled people

In June 2019, Labour MP Debbie Abrahams wrote to the EHRC, asking the commission to investigate a potential cover-up by the Department for Work and Pensions (DWP) of documents relating to the deaths of benefits claimants who had been sanctioned, as well as the way the department treatment of disabled people in general. Four months later, the EHRC announced that it was considering investigating the DWP. However, the commission confirmed in June 2020 that no inquiry would take place. A spokesperson said: "The coronavirus pandemic has had a significant impact on our work, as it has on many other organisations. We have responded to Debbie Abrahams to say that we have given very careful consideration to the concerns she has rightly raised about the impact of DWP policies and practices on disabled people. It remains an important area of focus for us but due to the pandemic we will not be able to undertake an inquiry in relation to the DWP this year." A week later, ''Disability News Service'' revaled that the EHRC refused to consult its own disabled advisers before dropping the probe.


"Gender-critical" views

In April 2021, the EHRC intervened in the legal appeal in the case of '' Forstater v Center for Global Development Europe'', arguing that her "
gender-critical Feminist views on transgender topics vary widely. Third-wave feminists and fourth-wave feminists tend to view the struggle for trans rights as an integral part of intersectional feminism. Former president of the American National Organization f ...
" beliefs were protected under the 2010 Equality Act, and hence that the CGD's decision not to renew Forstater's contract over such actions could amount to illegal discrimination. This led to criticism of the EHRC from trans and LGBTQ+ organisations such as
Mermaids In folklore, a mermaid is an aquatic creature with the head and upper body of a female human and the tail of a fish. Mermaids appear in the folklore of many cultures worldwide, including Europe, Asia, and Africa. Mermaids are sometimes asso ...
and Stonewall. Following this, the EHRC revealed that it had left Stonewall's
Diversity Champions Stonewall (officially Stonewall Equality Limited) is a lesbian, gay, bisexual and transgender (LGBT) rights charity in the United Kingdom. It is the largest LGBT rights organisation in Europe. Named after the 1969 Stonewall riots in New York Ci ...
scheme in March 2021. In October 2021, a group of academics published a letter in ''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper '' The Sunday Times'' ( ...
'' calling on the EHRC to conduct a review of UK universities where policies are discriminating, the writers say, against "gender-critical" beliefs in the debate on transgender rights.


January 2022 statements on GRA reform and conversion therapy

On 26 January 2022 the EHRC wrote to Shona Robison, as Cabinet Secretary for Social Justice, Housing and Local Government for the Scottish Government, raising concerns about the proposed reforms to the
Gender Recognition Act 2004 The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005. Operation of the law The Gender Recognition A ...
in Scotland, mentioning "the collection and use of data", "participation and drug testing in competitive sport" and "practices within the criminal justice system", key subjects of controversy for "
gender critical Feminist views on transgender topics vary widely. Third-wave feminists and fourth-wave feminists tend to view the struggle for trans rights as an integral part of intersectional feminism. Former president of the American National Organization ...
" feminists. The EHRC also made a submission to the UK government's
public consultation Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...
regarding LGBTQ+
conversion therapy Conversion therapy is the pseudoscientific practice of attempting to change an individual's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms. In contrast to evidence-based medicine and clin ...
on the same day, proposing that "consensual" efforts to change sexual orientation or gender identity should be excluded from any ban, stating that the terms "conversion therapy" and "transgender" were ill-defined, and making several arguments that have been described as associated with a "pro-conversion-therapy lobby". The EHRC's letters were criticised by LGBTQ+ groups across the United Kingdom, including Stonewall, who said the statements "undermine EHRC's core purpose of regulating, promoting and upholding human rights" as well as calling for the
Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nat ...
and the
Global Alliance of National Human Rights Institutions The Global Alliance of National Human Rights Institutions (GANHRI), formerly known (prior to 2016) as the 'International Coordinating Committee of National Human Rights Institutions' (sometimes shortened to the International Coordinating Committee ...
to urgently review the EHRC;
Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
, who endorsed the call for the EHRC's status as a national human rights institution to be reviewed, as did
UK Black Pride UK Black Pride (UKBP) is a black gay pride event in London that has taken place since 2005. It is Europe's largest celebration of African, Asian, Middle Eastern, Latin American and Caribbean heritage lesbian, gay, bisexual, transgender, and queer ...
and the
LGBT Foundation LGBT Foundation (formerly known as The Lesbian & Gay Foundation) is a national charity based in Manchester with a wide portfolio of services. With a history dating back nearly 40 years, it campaigns for a fair and equal society where all lesbian, ...
, who also announced that they would sever ties with the EHRC;
Amnesty International UK Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
, who described the statements as "actively damaging to the rights of trans and non-binary people in the UK" and "deeply troubling"; domestic-abuse and hate-crime support organisation Galop, who said that the statement "makes it clear that he EHRC hasnot understood the reality of conversion therapy in the UK"; and LGBT+ Labour, who also expressed concern at the "deeply harmful amendments" submitted by members of the Parliamentary Labour Party in their role as UK delegates to the Council of Europe's Parliamentary Assembly. Other organisations criticising the EHRC's statements included Equality Network, UK
umbrella organisation An umbrella organization is an association of (often related, industry-specific) institutions who work together formally to coordinate activities and/or pool resources. In business, political, and other environments, it provides resources and ofte ...
Consortium, the
British LGBT Awards The British LGBT Awards are a British award show that aim to recognise individuals and organizations that display "outstanding" commitment to the LGBT community. The awards were founded in 2014 by Sarah Garrett MBE. LGBT celebrities and straight ...
, LGBTQ+ youth charity akt, the
Rainbow Project The Rainbow Project is a non-profit organization based in Northern Ireland that promotes the health and wellbeing of the LGBT people and their families in Northern Ireland. The Rainbow Project is the largest LGBT organisation (by number of sta ...
, Rainbow Greens, Trans in the City, the Feminist Gender Equality Network, Gendered Intelligence,
Mermaids In folklore, a mermaid is an aquatic creature with the head and upper body of a female human and the tail of a fish. Mermaids appear in the folklore of many cultures worldwide, including Europe, Asia, and Africa. Mermaids are sometimes asso ...
, Stonewall Housing, Pride Cymru, and Manchester Pride.


Further allegations of transphobia

In February 2022, three whistleblowers – still working at the EHRC – told '' VICE'' about an "anti-LGBT" culture being adopted by senior leaders at the organisation which they said was causing non-executive staff to quit. Additionally, six senior staff members – who had either recently left the EHRC or were currently working their notice period – described board members changing their work to make documents "transphobic and seriously inaccurate". When some employees complained, they were locked out of laptops and disciplinary action was taken against them. Scottish National Party MP John Nicolson, Depute Chair of the All-Party Parliamentary Group on Global LGBT+ Rights in the UK Parliament, said: "Sadly the EHRC appears now to be working against, not for, LGBT rights. Our community no longer see it as our friend but as our opponent. It's yet another organisation tainted by
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as ...
and his appointees." The same month, ''VICE'' also reported that Falkner was in favour of excluding transgender people from "single-sex spaces" in workplaces and businesses, including bathrooms which match their gender identity. Conservative MP
Crispin Blunt Crispin Jeremy Rupert Blunt (born 15 July 1960) is a British politician who has served as the Member of Parliament (MP) for Reigate since 1997. A member of the Conservative Party, he was the Parliamentary Under-Secretary of State for Prisons and ...
, chair of a UK Parliament oversight group for LGBTQ rights, described the EHRC's work as a "direct assault" on the rights of trans people in the UK. In response, an EHRC spokesperson said: "We acknowledge that some EHRC staff have been unhappy, which we regret, and we are working hard to explain decisions and why they are in line with our statutory responsibilities. Sex and gender reassignment are legally protected characteristics under the Equality Act 2010, as are seven other characteristics. The Human Rights Act 1998 protects all rights in a balanced and proportionate way. These are the laws that the EHRC upholds impartially and we totally refute your insinuations of bias in the areas you mention." When asked in an interview with '' Holyrood'' if she was a transphobe, Falkner replied: "I don't know what the meaning of that word is." She said that the term was used too much, and in the same interview added: "We understand that there are strong views here, but I think we all want to get to the same end, and the end is to make life easier for trans people to live in the identity that they feel so strongly committed to. That's the end that I want to see too. It's just all we ask for, in getting to that end, is for the Scottish Government to navigate the road a little bit more carefully, because you don't improve trans people's rights by damaging another group's rights. And potentially, that can happen in this regard."


Legal challenge

On 11 February 2022, a legal challenge was launched against the EHRC by Stonewall, with the backing of the
Good Law Project The Good Law Project is a United Kingdom-based political non-profit company. Founded by Jolyon Maugham, the Good Law Project states that its mission is to achieve change through the law. History The Good Law Project was founded in January 2017 as ...
and more than 20 other LGBT rights organisations. Stonewall drew up a submission to the
Global Alliance of National Human Rights Institutions The Global Alliance of National Human Rights Institutions (GANHRI), formerly known (prior to 2016) as the 'International Coordinating Committee of National Human Rights Institutions' (sometimes shortened to the International Coordinating Committee ...
(GANHRI), calling for the EHRC to lose its "A rating" because of its treatment of trans people. This challenge was launched after the EHRC was criticised for asking the Scottish Government to pause its plans to make it easier for people to change their legal gender. The submission accused the organisation of being "excessively" influenced by the UK government in the appointments of the chair and board members. In April 2022, it was reported that the GANHRI declined the request. It will conduct a routine review in October 2022. Responding to the announcement, EHRC chief executive Marcial Boo said: "We are pleased that the Sub-Committee on Accreditation assessed evidence of our independence and effectiveness and upheld our position, declining a special review of our work." A spokesperson for Stonewall said that it and the other organisations involved in the challenge "are now focusing on this opportunity to collect and present evidence" to the upcoming review.


References


External links

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Northern Ireland Human Rights Commission

Scottish Human Rights Commission
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