Below you can read the editorial of the latest edition of our journal Briefings - also in the attachment together with the table of contents - the whole journal is available to DLA members only (how to join)
Editorial
30th anniversary of the Discrimination Law Association
In my first publication in the role of editor, I am very honoured to be involved in this 30th Anniversary edition of Briefings. I am also aware that I follow in the footsteps of a long line of highly esteemed editors, and am particularly grateful to Geraldine Scullion for showing me the ropes in July. I know I have much to live up to – and hope not to disappoint!
Since the launch of the DLA in 1995, we have witnessed a dramatic expansion of equality rights in the UK. The initial focus on race and sex in the 1970s has since extended to embrace a wider range of protected characteristics. These include disability in 1995, followed by age, religious belief, sexual orientation and gender reassignment in the years leading up to the enactment of the Equality Act 2010. Not to mention the inclusion of marital status and pregnancy/maternity, both of which have reinforced the protection of women’s rights, arguably supplemented by regulations covering part-time and fixed-term employees.
The Employment Rights Act 1996 and the Human Rights Act 1998 have both added valuable contributions to the equality framework in law. So far, so good, but has the legislation achieved a nirvana of peace and harmony, or are we even further away than before? Of course, nothing is ever black and white. The reality is more like a haze of greys with fuzzy edges, expanding and contracting with the tide of political climate.
This is the territory explored in our first article, ‘The long and winding road to equality’. Written by two of DLA’s founding members, Paul Crofts and Sandhya Drew, we are taken through some giant leaps in equality law, accompanied by a multitude of trips and slips. Advances include the unification of anti-discrimination
legislation and the introduction of a general public sector equality duty, accompanied by a significant cultural change within our judicial system.
Yet while legal provision for our ‘rights’ may appear to have multiplied, the ability to enforce those rights has become increasingly difficult. Thirty years of funding cuts across all public services have not left the judiciary unscathed. Far from it, if you want to enforce your employment rights in the tribunals, you are likely to be waiting up to a year just for a one-hour case management hearing. Complex discrimination cases, which require multi-day main hearings, often take up to three years to be listed.
Catherine Casserley investigates a similar theme through the lens of one specific area of law – disability rights. Her article charts the bumpy progress of legislation from the Disability Discrimination Act 1995 to the Equality Act 2010, and considers how far it may now be from being ‘fit for purpose’. She concludes that whilst the legislation may have led to a greater recognition of the barriers faced by disabled people, we are still some distance from implementing a ‘social model of disability’ where accessibility is included at the design stage.
Finally, no discussion about the last 30 years would be complete without mentioning Brexit. In his article on the development of equality law in Northern Ireland, Colin Murray investigates difficulties created by the withdrawal negotiations. The Windsor Agreement enshrines a commitment for equality law to keep pace with developments in the EU, which inevitably gives rise to potential divergence and conflict with the rest of the UK. Professor Murray considers that an early example of such a paradox is presented by the Supreme Court decision in For Women Scotland.
The likely significance of that case should not be underestimated. It highlights the urgent need to resolve tensions between conflicting equality rights, already seen in the field of religious belief. The emotional and highly toxic culture war seen in arguments about trans rights is a dangerous step backwards and must be resolved. Perhaps one possibility might be to progress the long-awaited provision in the Equality Act addressing ‘combined’ discrimination? While that might risk making what is already a very complex area of legislation even more convoluted, we must surely campaign for the law to recognise the complexity of ways in which individuals suffer discrimination in today’s world.
Lisa Crivello
Editor, Briefings