Positive Duties and Socio-Economic Disadvantage: Bringing Disadvantage onto the Equality Agenda

European Human Rights Law Review, Forthcoming

Oxford Legal Studies Research Paper No. 55/2010

27 Pages Posted: 28 Jun 2010

See all articles by Sandra Fredman

Sandra Fredman

University of Oxford - Faculty of Law

Date Written: June 28, 2010

Abstract

Traditionally in the UK, distributive inequalities have been dealt with quite separately from inequality based on sex, race, or other ‘status’. While distributive inequalities are regarded as the domain of the political sphere, inequality on grounds of ‘status’ is dealt with by anti-discrimination laws. It is thus of considerable importance that the Equality Act 2010 includes a positive duty on public bodies in relation to socio-economic disadvantage. The paper argues that, while only a small step in the right direction, the new duty is nevertheless a significant one. Paying attention to socio-economic disadvantage can only assist and strengthen the effectiveness of status-based anti-discrimination laws. At the same time, it needs to be recognised that there is a reciprocal interaction between socio-economic disadvantage and status. This makes it essential to achieve close co-ordination between the new socio-economic disadvantage duty and established status duties. It is, however, unfortunate that the duty is only one to ‘pay due regard’ to the desirability of reducing inequalities related to socio-economic disadvantage, rather than to take steps to achieve this end. Nevertheless, the ‘due regard’ standard can perform an important function if public bodies are required to justify and explain their decisions openly. It is thus of great importance that politicians and civil society groups insist on transparency and accountability of decision-makers; and that judicial review proceedings be viewed as a means of enforcing such accountability.

Keywords: Gender, Inequality, Anti-Discrimination law, Accountability

Suggested Citation

Fredman, Sandra, Positive Duties and Socio-Economic Disadvantage: Bringing Disadvantage onto the Equality Agenda (June 28, 2010). European Human Rights Law Review, Forthcoming, Oxford Legal Studies Research Paper No. 55/2010, Available at SSRN: https://ssrn.com/abstract=1631771

Sandra Fredman (Contact Author)

University of Oxford - Faculty of Law ( email )

Pembroke College
Pembroke Square
Oxford, OX1 1DW
United Kingdom

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