- Understand key concepts and principles in equality, diversity and human rights and how they are applied within the context of the health sector
- To understand how a proactive inclusive approach to equality and diversity and human rights can be promoted
- To understand the benefits that an effective approach to equality and diversity and human rights can affect society, organisations and individuals
- To understand how legislation, organisational policies and processes can empower individuals to act appropriately and understand people’s rights
- To develop an awareness of what the equality duties mean for you at work
- To know how to treat everyone with dignity, courtesy and respect and value people as individuals
Rights Shout Out
- What is a Human Right?
- Give some examples?
- Rights can be legal and moral- frequently both
- Rights impose moral (and legal) constraints on collective social goals
A person’s rights are respected even if the overall social good is diminished
A strong political role in protecting minority groups from the powerful majority
- Rights can be strong or weak
The strength of a right is the degree to which it stand up to other ethical claims
UK law recognises unqualified rights, qualified rights and limited rights
Human Rights Legislative Framework
Human Rights Act 1988 (enforced from Oct 2000)
- Enshrines rights and freedoms of the European Convention of Human Rights into English Law.
- Enforceable in UK courts and the European Court of Human Rights
- All public bodies (and servants) must act in accordance with it
Three rights may be relevant to clinical care
- Art 2 The rights to life (unqualified right)
- Art 3 The prohibition of torture (unqualified right)
- Art 8 The right to respect for private and family life (limited right)
Diversity and Equality Shout Out
- What activities are you currently involved in that directly relate to equality and diversity?
- What areas of your role do you think that equality and diversity has most impact on?
Equality and Diversity legal Framework
The Equality Act 2010
- Anti- discrimination (which gives individuals a route to raise complaints of discrimination around employment and service delivery)
- Public duties (which place a proactive duty on organisations to address institutional discrimination)
- Under the Equality Act 2010 people are protected from discrimination on the basis of ‘protected characteristics’
Applies to everyone staff as well as patients
Key legal Principles of the Equality Act
- Direct discrimination
- Discrimination by association
- Perception-based discrimination
- Indirect discrimination
- Third Party Harassment
- Discrimination arising from disability
Duty to make “reasonable adjustments”- an anticipatory duty -Positive action
Is there a difference between diversity and equality?
Equality is about ‘creating a fairer society, where everyone can participate and has the opportunity to fulfil their potential’
- Example older people (age 50 and over) do not always receive the basic standards of healthcare
- An equalities approach understands that who we are (protected characteristics) will impact on our life experiences.
Diversity literally means difference
- When it is used as a contrast or addition to equality, it is about recognising individual as well as group differences, treating people as individuals, and placing positive value on diversity in the community.
Why does Equality and Diversity Matter?
- We live in an increasingly diverse society and we need to be able to respond to this sensitively- especially in our work place.
- Your University, professional body and your future employers believe that successful implementation of equality and diversity ensures that all staff and students are motivated and that all, including patients and service users are valued and treated fairly.
- There is an Equality and Human Rights Framework that covers service delivery and we must make sure we work within this and avoid discrimination
- How could your own social identity or social situation impact on patients?
- How do you take your social identity into account in your work?
- How do you learn about patients’’ backgrounds and experiences?
- Would all your patients find you equally approachable?
- What do you think the reasons for this might be?
How discrimination works
Discrimination is less favourable treatment based on someone’s protected characteristic, it can involve:
- Making assumptions
- Being patronising
- Humiliating and disrespecting people
- Taking some people less seriously
How would you go about tackling discrimination in your work place?
- Treat everyone as an individual and respond to them in an individual way
- Treating people fairly does not mean treating everyone in the same way
- Respect all patients regardless of their protected characteristics or social situation
- Increase our knowledge of social identities different from our own
- Recognise that your own social identity may impact on patients in different ways
- Avoid using inappropriate and disrespectful language relating to social identity or social situations
How the NHS tackles discrimination
The Equality Delivery System (EDS)
- to help local NHS organisations, review and improve their performance for people with characteristics protected by the Equality Act 2010
- To provide a working environment free from discrimination
- Enables NHS organisations to fulfil their Public Sector Equality Duty (PSED)
- Part of CQC Inspections
Grading process- How well do protected groups fare?
- Four grades : undeveloped, developing, achieving, excelling
- Better health outcomes for all
- Improved patient access and experience
- Representative and supportive workforce
- Inclusive leadership
Equality Objectives (April 2012)
- Extend patient profiling (equality monitoring) data collection to all protected characteristics by April 2013
- Introduce robust equality performance reporting and monitoring on all protected characteristics by April 2013
- Develop readily available accessible patient information including patient information leaflets, corporate reports and appointment letters by April 2013
- Conduct an equal pay audit in 2012
- Set workforce diversity targets to develop a more representative workforce by April 2013
- Develop ED competence in the workforce by April 2013
Approach to implementing EDS
- Original EDS – massive action plan covering everything – but actually very little delivery
- EDS2 – fresh approach by the Trust – had a “Everyone Counts Summit” and an “Equal Voice Workshop”.
- Asked our staff and patients for their priorities.
- Gender reassignment
- Pregnancy & Maternity
- Religion or Belief
- Sexual Orientation
- Marriage and Civil Partnership
Public Sector Duties
- The public sector equality duties under the Equality Act 2010 cover eight core ‘protected characteristics’
- Pregnancy & Maternity
- Religion or belief
- Gender re-assignment
- Sexual orientation
Public bodies, including the NHS, must have due regard to:
- Eliminate unlawful discrimination, harassment and victimisation;
- Advance equality of opportunity; and
- Foster good relations across all the protected characteristics (with the exception of marriage and civil partnership)
- Due regard: in particular consciously thinking about how services are designed, delivered and evaluated.
- remove or minimise disadvantages suffered by people due to their protected characteristics;
- meet the needs of people with protected characteristics; and
- encourage people with protected characteristics to participate in public life or in other activities where their participation is low.