Equalities and Human Rights Commission
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The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, 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 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 Disability Rights Commission (DRC) was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission. It ...
. The EHRC also has responsibility for other aspects of equality law: age, sexual orientation 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, London, Glasgow and Cardiff. It is a non-departmental public body (NDPB) sponsored by the
Government Equalities Office The Government Equalities Office (GEO) is the unit of the British government with responsibility for social equality. The office has lead responsibility for gender equality within the UK government, together with a responsibility to provide advic ...
, part of the
Cabinet Office The Cabinet Office is a department of His Majesty's Government responsible for supporting the prime minister and Cabinet. It is composed of various units that support Cabinet committees and which co-ordinate the delivery of government objecti ...
. 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, where there is a separate
Equality Commission Equality may refer to: Society * Political equality, in which all members of a society are of equal standing ** Consociationalism, in which an ethnically, religiously, or linguistically divided state functions by cooperation of each group's elite ...
(ECNI) and a Human Rights Commission (NIHRC), each and both established under the Northern Ireland Act 1998 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, ''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 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 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
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 The Disability Rights Commission (DRC) was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission. It ...
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 The man on the Clapham omnibus is a hypothetical ordinary and reasonable person, used by the courts in English law where it is necessary to decide whether a party has acted as a reasonable person would – for example, in a tort, civil action for ...
" would not regard an employer as being a suspect "discriminator". There are some complications in relation to the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
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). 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 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 European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
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, and was Director of People and Policy at BT. She is on the Sustainable Care Advisory Board ...
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 Huma ...
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 (in the Arndale Centre), 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 Jean Lesley Patricia Drake, Baroness Drake, CBE (born 16 January 1948) is a British trade unionist and Labour life peer in the House of Lords. After attending university, Drake worked as a research officer at the National Union of Public Employ ...
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 Dame Nicola Mary Brewer (born 14 November 1957) is a former British diplomat and university administrator. From 2014 to 2020, she was Vice-Provost (International) at University College London, she was British High Commissioner to South Afri ...
, 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 In Ancient Rome, the Latin term (; plural ), according to Cicero in the time of the late Roman Republic, was the social body of the , or citizens, united by law (). It is the law that binds them together, giving them responsibilities () on th ...
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 David Isaac, CBE is a British solicitor and Provost of Worcester College, Oxford, where he took office in July 2021. He was previously a partner at Pinsent Masons. He was appointed as the chair of the Equality and Human Rights Commission in 2016, ...
, appointed in 2016. Isaac was formerly chairman of LGBT charity
Stonewall Stonewall or Stone wall may refer to: * Stone wall, a kind of masonry construction * Stonewalling, engaging in uncooperative or delaying tactics * Stonewall riots, a 1969 turning point for the modern LGBTQ rights movement in Greenwich Village, Ne ...
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
MEP MEP may refer to: Organisations and politics * Mahajana Eksath Peramuna, a political party in Sri Lanka * Mahajana Eksath Peramuna (1956), a former political alliance in Sri Lanka * Maison européenne de la photographie, a photography centre ...
s 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, 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
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, Jewish Voice for Labour (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 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 The UK Home Office hostile environment policy is a set of administrative and legislative measures designed to make staying in the United Kingdom as difficult as possible for people without leave to remain, in the hope that they may " voluntarily ...
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
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called for his appointment to be blocked, it was welcomed by '' The Jewish Chronicle''. In May 2019, Suzanne Baxter, another EHRC board member, joined Pinsent Masons. In June 2020, '' Newsweek'' 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 Brentford and Isleworth () is a constituency represented in the House of Commons of the UK Parliament. It forms the eastern part of the London Borough of Hounslow. Since 2015, it has been represented by Ruth Cadbury of the Labour Party. Bound ...
, 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''.


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 (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 Meral Hussein Ece, Baroness Hussein-Ece, (born 10 October 1955) is a British Liberal Democrat member of the House of Lords. She is the first woman of Turkish Cypriot origin to be a member of either house of Parliament after she was appoint ...
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
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and
Stonewall Stonewall or Stone wall may refer to: * Stone wall, a kind of masonry construction * Stonewalling, engaging in uncooperative or delaying tactics * Stonewall riots, a 1969 turning point for the modern LGBTQ rights movement in Greenwich Village, Ne ...
. 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'' 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 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 f ...
" 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 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 Stonewall or Stone wall may refer to: * Stone wall, a kind of masonry construction * Stonewalling, engaging in uncooperative or delaying tactics * Stonewall riots, a 1969 turning point for the modern LGBTQ rights movement in Greenwich Village, Ne ...
, 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 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, who endorsed the call for the EHRC's status as a national human rights institution to be reviewed, as did
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and the
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, who also announced that they would sever ties with the EHRC;
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, 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 has He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' ...
not understood the reality of conversion therapy in the UK"; and
LGBT+ Labour LGBT+ Labour, the Labour Campaign for Lesbian, Gay, Bisexual and Transgender Rights, is a socialist society (Labour Party), socialist society related to the Labour Party (UK), Labour Party in the United Kingdom. Originally called the Gay 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 The Equality Network is one of Scotland's national organisations working for LGBTI rights and equality. Established by LGBT activists in 1997, it is a registered charity and a company limited by guarantee (no. SC220213), based in Edinburgh. In ...
, UK umbrella organisation 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, 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 The Scottish National Party (SNP; sco, Scots National Pairty, gd, Pàrtaidh Nàiseanta na h-Alba ) is a Scottish nationalist and social democratic political party in Scotland. The SNP supports and campaigns for Scottish independence from ...
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 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 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
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

*
Northern Ireland Human Rights Commission

Scottish Human Rights Commission
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