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  Disability chief says new equality body could fail

 
Announced by government, the Commission for Equality and Human Rights (CEHR) will be set up in 2007 as part of the Equality Bill. It will replace the Disability Rights Commission (CRE), the Equal Opportunities Commission (EOC) and the Commission for Racial Equality (CRE). As well as tackling discrimination on the grounds of age, religion, sexual orientation, race and disability, the CEHR will ensure compliance with the Human Rights Act.

New extensions to laws covering discrimination on the grounds of religion, belief and sex will also be dealt with by the organization. They include a new duty on public bodies to promote gender equality. The CRE, which recently dropped its opposition to the CEHR after ministers promised it would have stronger enforcement powers than originally planned, gave a qualified welcome saying it would not join the new Commission until 2008.

"Our first and primary task must be to ensure that people feel that they have the same chance to succeed in society as everyone else. Otherwise, why would they ever want to accept the responsibilities that go along with citizenship", it said.

While Age Concern said the plans gave equality bodies 'a real chance of defeating discrimination', the DRC expressed concern that the CEHR would not have adequate funding to protect the rights of disabled people. It also called for a statutory disability unit to be established.

"You need to have this legislation passed before the new commission is set up otherwise there is a danger the new body will not have the enforcement powers required to help disabled people who face discrimination," a spokesman told the Scotsman newspaper.

Disability Equality Section provides a focal point for disability equality policy and legislation development. It was established in 1997 arising from a recommendation by the Commission on the Status of People with Disabilities (Report 1996). The section monitors the implementation of disability mainstreaming policy in relation to public services. It also administers the funding for the National Disability Authority (NDA) which was established in June, 2000 to advise and assist with disability equality policy development; to undertake relevant research; to support the development of standards in services for people with disabilities. In addition, the Section contributes to and monitors progress in the development of international equality policy at European Union, Council of Europe and United Nations levels.

The Employment Equality Act outlaws direct and indirect discrimination at work and in employment conditions on nine grounds, one of which is disability. The Act covers employees in both the public and private sectors including people employed through employment agencies and applicants for employment and training. It outlaws discrimination in all areas relevant to employment: discrimination by employers; in collective agreements; in advertising; by employment agencies; in vocational training; by certain vocational bodies.

Disability is defined as including total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, learning and personality disorders. An employer may not discriminate on grounds of disability but that does not mean that the employer must recruit or promote someone who is not willing to do or fully capable of doing the job in question. A person with a disability may be capable of doing a job if special services or facilities are provided and, if this is so, the employer may not consider him/her incapable provided those special facilities can be provided at nominal cost.
   
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