A more recent version of these Equality Act 2010 notes – written by Oxford students – is available here.
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ESSAY PLAN 1 - Equality Act 2010 What is equality?
Hepple and Barnard (2000) Fredman - four types of substantive equality; 1) of results; 2) of opportunity; 3) equality as auxiliary to substantive rights; 4) broad value driven approach. Equal chance and opportunity. Moral imperative plus waste of potential talent and skills Sen - equality of opportunities includes both (1) the opportunity to pursue one's chosen objectives and (2) the process of choice itself. Former can take account the outcome itself and how come to outcome. Collins (2003) - social inclusion Barnard (2004) - solidarity = achieve objectives of integration and participation. Social inclusion has a positive as well as a negative dimension - while the negative side of solidarity prohibits discrimination and requires the removal of any measure or practice that constitutes an obstacle to an individual's participation, the positive side of solidarity imposes obligations to take active measures to integrate the individual into society. Hepple - aims of transformative equality do have much in common with the ideas of social inclusion or solidarity- primary target is to assist disadvantaged people and to facilitate their integration and participation in society.
Overall aim of Equality Act is to achieve harmonisation, simplification and modernisation of Equality Law. Lawson, 2011 - "changed the landscape of equality law in Britain" Hepple, 2011 - two steps towards a model of reflexive regulation (McCrudden) in 2006 and 2011 Acts: 1) establishing the single Equality and HR Commission (EHRC) with extensive powers to promote equality, conduct inquiries and investigations and enforce the legislation; 2) Public sector equality duty which it was believed would make it necessary for public employers to engage with their employees and other interest groups. Comprehensive - managed to limit the exceptions to the general principles e.g. defence of justification of direct discrimination allowed only for age discrimination and discrimination arising from disability.
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