Gender Equality Duty

Gender Equality Duty April 2007

There is now information available on the internet regarding the Gender Equality Duty, including the publication of Local Authorities Gender Equality Schemes. For specific information we suggest that you do a specific search however, below is information you may find helpful for the UK.

The Gender Equality Duty is the biggest change in sex equality law in 30 years in the UK.

From 6th April 2007 all public authorities wide must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment.

The Gender Equality Duty (GED) came into force in April 2007. All public authorities in England, Wales and Scotland must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment. Here you will find how GED is relevant to you, and get access all the resources you need to ensure you meet the requirements of the duty from the Equal Opportunities Commission web site www.eoc.org.uk

The GED applies to all public authorities in England, Scotland and Wales. The Code of Practice gives practical guidance to public authorities on how to meet the legal requirements of the duty. The specific duties within the code also set out the steps listed public authorities should take to meet the duty. In addition to the code, there are a number of non-statutory guidance documents available to download.

www.eoc.org.uk/PDF/GED_CoP_Draft.pdf

Tools for Change

End Violence Against Women Campaign (EVAW) have produced toolkits for the gender duty.

• Public Sector Equality Duties & Violence Against Women (PDF 93kB)
• Table of Public Sector Equality Duties (PDF 66kB)

Please note: these documents are PDF files, requiring Adobe Acrobat Reader or Access Adobe.

Visit the EVAW web site for other information and updates on the campaign:
www.endviolenceagainstwomen.org.uk/publications.asp

Exceptions within the Gender Duty

Goods, facilities and services: Section 29

The SDA prohibits sex discrimination in the provision of goods, facilities and services to the public. The Act applies to all organisations who provide goods, facilities and services to the public or a section of the public, whether for payment or free of charge. This would include commercial organisations; local and public authorities; charities and voluntary bodies; and the services of any profession or trade. All service providers are included: the SDA applies to a one person business as well as to large organisations.

Exceptions to s.29

There are a number of exceptions to s.29 and these allow women and men in certain circumstances to be treated differently. The main exceptions are:

• services which are single-sex for reasons of privacy and decency, where it would cause "serious embarrassment" if members of the opposite sex were present - s.35(1)(c)
• services by voluntary bodies which exist primarily to provide services to one sex - s.34
• services by charities which provide services to one sex in accordance with their charitable instrument - s.43
• competitive sports where the physical strength, stamina or physique of the average woman puts her at a disadvantage to the average man - s.44
• provision of insurance where differences in treatment between women and men are supported by actuarial or other data - s.45
• discrimination which is required by another Act of Parliament - s.51A
• establishments for persons requiring special care, supervision or attention - s.35(1)(a)
• facilities and services restricted to one sex in order to comply with the doctrines of an organised religion - s.35(1)(b)
• services which are not covered by the SDA such as genuinely private members' clubs which operate a strict selection procedure for membership
• services which are for one sex only because different skills are required in order to provide the service for the opposite sex e.g. hairdressing and tailoring - s.29(3)

Organisations that provide gender specific services such as Rape Crisis Centres and Women's Refuges are exempt under Section 29.

In October 2007 the EOC will be replaced by the new Commission for Equality and Human Rights. www.cehr.org.uk

Take Action on the Gender Duty

In response to the introduction of the Gender Equality Duty in April 2007, the Women's Resource Centre have produced template gender equality schemes aimed at both central and local government and related public bodies. They have produced these template documents to detail some of the cross-cutting issues that public bodies may want to consider and include in their schemes. The issues and actions documented originated from a number of sources including current policy and research but have predominantly come from the expertise and experience of the women's voluntary and community sector (VCS).

Download the template for Central Government:

www.wrc.org.uk/downloads/Policystuff/GES Template Central Government May 2007 FINAL.doc

The End Violence Against Women coalition, the Equal Opportunities Commission and the Child and Woman Abuse Studies Unit have teamed up to highlight simple, effective action you can take, to make sure Violence Against Women gets taken up as a gender equalities issue by the public bodies you work with, such as inputting into public bodies' Gender Equality Schemes, their Gender Impact Assessments, and monitoring their work. You can use these tools to raise awareness of other kinds of discrimination against women as well. To download this sheet:

www.wrc.org.uk/downloads/Policystuff/Gender Equality Duty & Violence Against Women Jan 07.doc

Worried about closures of refuges for ethnic minority women & rape crisis centres? Falling conviction rates? Girls in your community forced into marriage? Take Action Now!

The New Gender Equality Duty - Putting Violence Against Women On The Agenda

Get ready for the most radical change to sex discrimination law in 30 years! Hot on the heels of similar laws on race and disability, the new Gender Equality Duty came into force April 2007 and now is the time to make sure that Violence Against Women (VAW) is on the agenda where you live.

What's the problem?

VAW includes rape, sexual assault, domestic violence, sexual harassment, stalking, trafficking, sexual exploitation, female genital mutilation, forced marriage and crimes in the name of honour. Almost half of women in England & Wales experience domestic violence, sexual assault or stalking during their lifetime. At a local level there are serious problems:

• Convictions for rape in England and Wales are at a 30-year low and there are huge regional variations. In 2004 the conviction rate ranged from 0.86% in one police area to 13.79% in another.
• Today there are half the number of rape crisis services as there were in 1984.

Former UN Secretary General, Kofi Annan, calls VAW "perhaps the most shameful human rights violation". It is both a cause and consequence of women's inequality and can have a devastating impact on individual victims, affecting their mental and physical health, as well as employment and educational opportunities. But it is also a serious problem for society more broadly; government research puts the cost of domestic violence in England and Wales alone at £23 billion a year.

What is the Gender Equality Duty (GED)?

The GED will, for the first time, mean that public bodies in England, Wales and Scotland must show that they are taking active steps to eliminate unlawful sex discrimination and harassment and promote equality between women and men. This is known as the 'general duty' and will apply to some voluntary and private organisations as well. Many public bodies (including local councils, NHS Trusts, police forces and schools) will also have specific duties such as assessing the different impact of policies on women and men and publishing Gender Equality Schemes by 30th April 2007. The Schemes must set out objectives, focusing on the most serious forms of gender inequality, and say what action will be taken to meet their objectives.

How can the GED address VAW?

Here are just some of the ways that the new law can help address VAW:

• Local authorities will need to consider the different impact of funding decisions on women and men. E.g. if a council cuts the funding of a rape crisis centre, will this have a greater negative impact on women than men? If so, it may be difficult to justify.

• Young people live in an environment where there are high levels of VAW. Schools, colleges and universities will need to consider how they can support students who are victims of gender-based violence. PSHE could play a crucial role in prevention e.g. looking at issues around consent to sex or identifying patterns of forced marriage and combating them.

• The CPS and the Metropolitan Police are considering joining up policies on VAW. Other criminal justice agencies and social services should do the same so that the links between rape, stalking, domestic violence and child sexual abuse are understood.

• The health-related cost of each rape case is estimated at £73,487. Local health services need to recognise the extent to which VAW is a factor in women's physical and mental ill-health, teenage pregnancy, and substance misuse and develop policies to address this.

Remember - in order to make VAW a priority, public bodies will need to have an accurate picture of the levels and impact of VAW locally. The GED requires public bodies to collect information that is broken down by gender and consult with stakeholders in order to set their objectives.

What Can You Do To Put VAW On The Agenda?

• Set up a local group of activists who meet regularly to campaign on violence against women. Build an alliance in your area of women's groups, Amnesty activists, trade unions and Women's Institute.

• Make sure services respond to the needs of all women in the community: A Race Equality Duty and Disability Equality Duty are already in force. Make sure public bodies work with the equality duties together so that they meet the needs of ethnic minority and disabled women.

• Provide evidence on VAW: Contact local services and voluntary organisations - such as rape crisis centres and domestic violence services - to collect information about VAW locally. Use local crime statistics to show how essential single sex services are. The GED requires real action on real issue - show public bodies the scale, scope and cost of VAW so they have to take action!

• Highlight gaps in services: Are local services adequate? E.g. what is the ratio of demand for the service to the need and how long are waiting lists? Is there a rape crisis centre? Does your police force have a specialist rape team and automatic access to women doctors for examinations? Are there specialist services for ethnic minority women and disabled women?

• Help develop Gender Equality Schemes: Ask key public bodies - local authorities, police, health, schools - who they are consulting and how VAW will be prioritised in their Schemes. What objectives are there on reducing VAW? What evidence is used to decide gender equality objectives? The GED requires public bodies to consult on their scheme and objectives - make your voice heard!

• Monitor Gender Equality Schemes: Once published, Schemes need to be monitored to make sure they are working in practice. They last for 3 years but must be reviewed annually. If you think a public body is not meeting its obligations under the GED raise this with them, or with the relevant inspectorate or the EOC which enforces the duty.

• Be consulted on gender impact assessments: Many public bodies have to carry out gender impact assessments on all active and new policies and services including funding decisions and employment policies. Ask to see them and make sure decisions are based on fact and they've looked at the impact on women. Be consulted!

• Will the gender equality duty affect you? If you are a service provider or have a contract with the Government, you may have responsibilities under the gender equality duty. Check the EOC guidance for the voluntary sector about the impact of the duty on your organisation.

Want To Know More?

• Find out more about the gender equality duty at www.eoc.org.uk

• Find out more about violence against women at www.cwasu.org

• Find out more about End Violence Against Women at www.endviolenceagainstwomen.org.uk

• Learn how government departments are addressing violence against women. Making the Grade? 2007: the second annual independent analysis of Government violence against women initiatives' www.thewnc.org.uk/pubs/makingthegrade2006.pdf

Oxfam

The right to be equal

Oxfam's UK Poverty Programme focuses on equality between women and men.

Awareness of the way that poverty has a different effect on men and women and different ethnic groups is now generally accepted as a must in international development programmes. However, in Britain, the extent to which the roles taken on by men and women can contribute to creating and sustaining poverty is often ignored. Some groups of women, for example Pakistani and Bangladeshi women, can be particularly disadvantaged by racism, isolation and poverty.For Oxfam's UK Poverty Programme, it is vital to recognise that men's and women's needs and interests are distinct, for two reasons. Firstly, it is women who tend to bear the brunt of poverty, so it is a question of fairness. Secondly, being aware of the distinct needs of men and women, and acting on this awareness, means that we can address poverty - for both sexes - more effectively.

The UKPP is beginning to develop a race equality programme as part of tackling discrimination in a broader sense.

• For more information please visit www.oxfam.org.uk

• To browse Oxfam's Social Exclusion directory go to www.oxfamgb.org/ukpp

Gender equality and men

"To reach a 'tipping point' where gender issues become visible, and therefore important, to the majority of men, it is essential that the benefits of gender equality for men as individuals, and as members of families and communities, should be more widely publicised. Seeing the effects of gender discrimination on people they are close to, be they wives, partners, girlfriends or children; understanding that opportunities to build sustainable livelihoods are enhanced by more flexible gender roles; becoming aware of the stress of existing lifestyles and work patterns on personal health, and its impact on others; feeling the emotional pull of parenting - these are just some of the many triggers that can cause men to re-evaluate their circumstances, and redirect their energy towards support for gender equality."
Barbara Stocking, Director Oxfam GB, Foreword to 'Gender Equality and Men: Learning from Practice', 2004

Alongside longstanding and justifiable concern about the power and privileges that men as a group hold in most - if not all - societies, the past 10 to 15 years has seen growing interest in men's actual and potential contribution to gender equality. Oxfam's Gender Equality and Men (GEM) Project has been exploring since 2002 what part men can play in gender equality and anti-poverty initiatives. Oxfam has recently published 'Gender Equality and Men: Learning from Practice', which aims to provide a critical account of practical experience in this field, and to share knowledge and expertise gained from programmes run by Oxfam and other organisations.

• For more information please visit: www.oxfam.org.uk/what_we_do/issues/gender/gem/index.htm

From The Outset

This paper developed out of submissions made by End Violence Against Women (EVAW) to the Equalities Review in December 2006. It argues that a priority issue for the new Commission for Equality and Human Rights (CEHR) to consider when it is established in October 2007should be how it addresses violence, safety and security across all the equality strands.

End Violence Against Women: From The Outset (PDF 151kB)
Please note: this flyer is a PDF file, requiring Adobe Acrobat Reader or Access Adobe.

Briefing on legislation about Single-Sex Provision in the UK

This Women's Resource Centre briefing aims to inform the women's voluntary and community sector (WVCS) about the law relevant to single-sex service provision..

Women's Resource Centre - Single-Sex Provision in the UK (PDF 82kB)
Please note: this flyer is a PDF file, requiring Adobe Acrobat Reader or Access Adobe.

Gender Mainstreaming

In 2003 with Home Office Crime Reduction funding, South Essex Rape and Incest Crisis Centre (SERICC) commissioned Sheffield Hallam University to undertake work on Gender Mainstreaming in the Thurrock area.

• Find out more about Gender Mainstreaming

Other useful information

UK Gender and Development Network

• www.gadnetwork.org.uk/index.html

The Gender And Development Network - (GADN) is a diverse membership network of leading practitioners, academics and consultants working on gender and development issues in the UK.

The GADN has been active in advocacy and awareness-raising on gender and development issues since its founding in 1985.

The Network enables its members to:

• Share information and expertise
• Discuss concerns
• Effectively lobby government and international bodies on their development programmes
• Provide expert advice and comment on policies and projects

The GAD Network offers members an effective voice for their concerns at national and international levels. Members work in partnership with development and advocacy organisations throughout the world and GADN is the UK National Platform for Women In Development Europe (WIDE) based in Brussels.

Equality and Diversity Forum

• www.edf.org.uk

The Equality and Diversity Forum (EFD) established in 2002 is a network of organisations committed to progress on age, disability, gender, race, religion and belief, sexual orientation and broader equality and human rights issues.