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.