Human Rights and Disability A Manual for National Human Rights Institutions LAWS TO PROHIBIT DISCRIMINATION AND PROMOTE EQUALITY OF OPPORTUNITY Equality Act 2010 (Great Britain) The Equality Act 2010 consolidated and largely harmonised all of Britain’s anti-discrimination laws, including the previous Disability Discrimination Acts. It covers discrimination on the grounds of disability, gender, race, sexual orientation, religion or belief, age, marriage and civil partnership, and gender reassignment. The Act extends to all areas of employment (with the exception of the armed forces in relation to persons with disabilities), education, access to goods, facilities and services, including the discharge of public functions, and membership of associations. With respect to disability, the Act prohibits: • Direct discrimination, including discrimination against people who do not have disabilities on grounds of their association with a person with a disability or because they are perceived to have a disability • Discrimination arising from disability, in situations where the reason for the unfavourable treatment is not the disability itself, but something that arises as a consequence of the disability • Indirect discrimination • Failure to make reasonable adjustments, including in relation to policies, procedures and practices, auxiliary aids and services and physical features • The use by employers of pre-employment health questionnaires. In relation to goods, facilities and services and education, the duty to make reasonable adjustments is owed to disabled persons rather than only individual people. It is therefore an ‘anticipatory duty’; that is, duty bearers are expected to take steps to make adjustments, such as step-free access or information in alternative formats, in anticipation of persons with disabilities wishing to make use of their services or attend their educational institution. The Act also places a positive duty on public bodies to have ‘due regard’ to the need to eliminate discrimination, advance equality of opportunity and foster good relations (promote understanding and tackle prejudice).68 2.2. VOICE AND CHOICE: RE-CENTRING PERSONS WITH DISABILITIES IN THEIR OWN LIVES AND IN ALL COLLECTIVE PROCESSES OF CHANGE 68 If equality is the guiding principle of the UN CRPD, then it must be attached to substantive rights. These rights are considered in detail in Part II of this Manual. There are many ways of characterising these rights. For ease of explanation, they are characterised here in terms of restoring voice and choice to people with disabilities; ending segregation and planning for social inclusion; removing access barriers; re-framing social rights and provision to ensure they serve the autonomy of the individual; and changing public attitudes to sustain change. 68 24 Available at www.legislation.gov.uk/ukpga/2010/15/contents.