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Enforcing equality law: two steps forward and two steps backwards for reflexive regulation

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Article
H

Hepple, Bob

Industrial Law Journal

2011

40

4

December

315-335

equal rights ; human rights ; regulation

United Kingdom

Human rights

http://dx.doi.org/10.1093/indlaw/dwr020

English

"The Equality Acts 2006 and 2010 took two steps towards the model of ‘reflexive' regulation of equality: the establishment of the single Equality and Human Rights Commission (EHRC) with extensive powers to promote equality, conduct inquiries and investigations and enforce the legislation; and the public sector equality duty which it was believed would make it necessary for public employers to engage with their employees and other interest groups. The Coalition Government is in the process of taking two significant steps which will undermine reflexivity and enforced self-regulation: first, restricting the EHRC to so-called ‘core' functions and substantially cutting the EHRC's budget, and second, failing to retain among the specific duties of listed public bodies the requirement of engagement. This article re-opens the debate on reflexive regulation in the context of equality, examining its advantages and disadvantages, and the likely effects of moving away from this model."

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