| 释义 |
equality duty
The Equality Act 2010 imposes a duty on public bodies (e.g. local authorities) to have due regard to certain matters when exercising their functions. These include (1) eliminating conduct that is prohibited by the Act; (2) advancing equality of opportunity between people who share a “protected characteristic” and people who do not share it; and (3) fostering good relations between people who share a protected characteristic and people who do not share it. Previously the equality duty applied only in relation to race, disability, and sex, but it now covers all the protected characteristics in the Act, except that the second and third matters do not apply to the protected characteristics of marriage and civil partnership. In addition to the general duty, regulations may impose specific duties on public bodies. Failure to comply with the duty does not create a right for individuals to sue the public body. Enforcement is by the Equality and Human Rights Commission. The duty is, however, enforceable by way of judicial review by an individual or group (R (Williams) v Surrey County Council [2012] EWHC 867 (QB)). |