«The research highlights the urgent need to ensure that schools and employers comply with their statutory
equalities duties in respect of sex discrimination.
Not exact matches
This would assume an «imaginative,» not a historical, disposition: a divine intent
in history, God - gifted immutable laws of morality, to which man has a
duty to conform; order as a first requirement of good governance, achieved best by a restraint and respect for custom and tradition; variety as more desirable than systematic uniformity and liberty more desirable than
equality; the honor and
duty of a good life
in a good community as taking precedence over individual desire; an embrace of a skepticism toward reason and abstract principle.
He highlighted Britain's achievements as a «pluralist democracy which places great value on freedom of speech, freedom of political affiliation and respect for the rule of law, with a strong sense of the individual's rights and
duties, and of the
equality of all citizens before the law and noted that there was much
in common here with Catholic social teaching.
The second is the principle which defines the idea of fatherland or nation
in the most tolerant and human sense, a principle which guarantees
equality of rights and national
duties for those of all races, colors, languages, and ideologies existing
in the country.
They thought the truth of the Church's teaching about conjugal morality and fertility regulation could be presented
in a humane and personalistic way: one that acknowledged both the moral
duty to plan one's family and the demands of self - sacrifice
in conjugal life; one that affirmed methods of fertility - regulation that respected the body's dignity and its built -
in moral «grammar;» one that that recognized the moral
equality and equal moral responsibility of men and women, rather than leaving the entire burden of fertility - regulation on the wife.
But traditional Hindu metaphysics, as P.T. Raju points out, has been preoccupied with moksha, the ultimate realization of oneness and
equality of all
in the Spirit, mostly forgetting that it is necessary to bring witness of oneness and
equality within the social structures created for the human pursuit of wealth (artha), temporal happiness (kama) and
duty (dharma).
The
Duty requires that public authorities prioritise actions that result
in significant benefits to gender
equality (paragraph 2.26 of the guidance).
Not only are the governing bodies of free schools failing
in a core function to ensure that statutory
duties are met, the Department for Education is also failing to make sure that free schools take promoting
equality seriously.
«We have now looked at free schools that have opened
in 2011, 2012 and 2013 and over the course of these three years there seems to be very little improvement
in terms of commitment to and implementation of
equality duties.»
This protection,
in turn, offered a shield against public sector
equality duties that Baroness O'Cathain and her supporters so feared.
«The public sector
equality duty had only been
in place a month when the Coalition announced the review.
Congress asserts that statutory codes have a valuable role to play
in ensuring that employers comply with their
duties to eliminate unlawful discrimination and advance
equality of opportunity.
While Cecil is performing admirably
in his
duties, his eldest son Louis (David Oyelowo) becomes an activist, determined to secure racial
equality.
These
duties require schools to promote
equality of opportunity
in everything that they do.
(a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights,
duties, and dignity of American citizenship, and the meaning of
equality and human dignity, including the promotion of harmonious relations, kindness toward domestic pets and the humane treatment of living creatures, to teach them to avoid idleness, profanity, and falsehood, and to instruct them
in manners and morals and the principles of a free government.
I am told that they came into existence as a sect about 1830;
in 1843 their chief preacher was a man of some energy, Eric Janson by name; and he taught them the
duty of living after the manner of the Primitive Christian Church, inculcating humble and prayerful lives,
equality of conditions, and community of property.
This
duty has evolved, along with the definition of what is a just society, to encompass the obligation of members to promote
equality, diversity and inclusion generally, and
in members» behaviour towards colleagues, employees, clients and the public.»
Finally,
in all that hand waiving, you have one possible source of authority for the proposition that lawyers have a
duty to promote
equality — the commentary to section 6.3.1 - 3 of the Rules of Professional Conduct (the «Rules»).
Provided there is
in fact a legally established
duty on Ontario lawyers to promote
equality, diversity and inclusion, then there is no reason whatsoever why licensees can not be required to acknowledge that
duty, and identify strategies for accomplishing it.
First, if one accepts that the obligation to acknowledge one's
duty to «promote
equality, diversity and inclusion generally» is a form of compelled speech, then it's hard to see how such an obligation can be justified under section 1, given that no such obligation actually exists — hard to see how an obligation to acknowledge a non-existent obligation is a reasonable limitation that can be justified
in a free and democratic society.
Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general
duty to promote
equality, diversity and inclusion which is found nowhere
in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).
Seen
in context, it's clear that paragraph 8 of the commentary to section 6.3.1 (3) doesn't impose a
duty on lawyers to promote
equality, it does impose an obligation on lawyers,
in fulfilling their
duty not to discriminate, to accommodate employees and clients — consistent with Ontario Human Rights Law, which has the effect of promoting
equality.
The problem, however, as Anne Vespry cogently argued on our legal ethics listserv (and «Bob Smith» also noted
in comments on Omar Ha - Redeye's SLAW column), is that it is not clear that there is a legal basis for claiming that Ontario lawyers have a
duty to promote
equality, diversity and inclusion understood as a requirement to take active steps toward making the profession more equal, diverse and inclusive.
You're still going
in circles when you say that «It may well be that the purpose of the
duty of accommodation is to «promote
equality», it doesn't follow that lawyers have a
duty to promote
equality...» The lawyers involved indeed have a
duty to accommodate under the Code within their workplaces, which again is the primary thrust of the Statement.
Indeed, it would be very odd to impose a
duty to promote
equality in the sentence discussing circumstances where discriminatory results are permissible.
No competent court would find an express
duty to «promote
equality, diversity and inclusions» based on on the inclusion of the words «promote
equality» found
in the commentary to the rules.
Further, requiring a licensee to identify strategies that will «promote»
equality, diversity and inclusion does not require a licensee to make public statements
in favour of the
duty to promote, or even
in favour of
equality, diversity and inclusion.
In the
Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011, (SI 2011/1060) the list of public authorities covered by the public sector
equality duty contained within s 149 is expanded.
Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8 rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified
in s 49A of DDA 1995 (the general disability
equality duty) when carrying out their functions
in the instant case.
If jurors only had the official responsibility set out by the trial judge
in Stanley, their ethical
duties would be straightforward, and very similar to those of a judge — to be impartial, diligent, principled, respectful of
equality, and fair
in their assessment of the evidence
in light of the law set out by the trial judge.
access to public services and the public sector
equality duty (
in relation to both workforce and service provision issues)
Further, the EAT noted that there would be a gap
in equality law protection if an employer, who wrongly perceives that an employee's impairment might at some point affect their work, could dismiss the employee
in advance to avoid any
duty to make allowances or adjustments
in line with
equality legislation.
In both cases, the court emphasised the importance of following statutory guidance, carrying out adequate consultation and complying with the general public sector
equality duty.
Needs were assessed and reviewed, and service provision decisions taken,
in a way which complied with the general disability
equality duties despite the fact that the decision maker had not consciously set out to comply with those
duties.
A
duty on public bodies to promote
equality between carers and non-carers — as they already have
in Northern Ireland; and
The general disability
equality duties contained
in the Disability Discrimination Act 1995 (DDA 1995), s 49A apply to the exercise of a local authority's functions under the community care legislation.
The issue
in R (M) v Birmingham CC [2009] EWHC 688 (Admin) was whether a local authority had complied with its general disability
equality duties despite not having consciously taken them into account when assessing a disabled person's community care needs and making service provision decisions based on those needs.
It is clear that
in any case where the decision may affect large numbers of disabled people, the necessary due regard to the needs of disabled people under the public sector
equality duty is very high.
● The council's proposals did not render them
in breach of its general disability
equality duties under s 49A of the Disability Discrimination Act 1995.
The general
duties require local authorities to have regard to a range of «needs»
in carrying out their functions, for example the need to promote
equality of opportunity between disabled persons and other persons.
It is imperative that the
duty to accommodate be given full effect, to fulfill the right of people with disabilities to substantive
equality, and to «foster a society
in which there are no impediments to full and free participation
in the economic, social, political and cultural life of British Columbia.»
Within the labour movement we have a
duty to be vigilant
in our fight against racism as a barrier to
equality and solidarity.
He regularly advises local authorities
in relation governance and elections, financial arrangements, borrowing powers, land transactions and regeneration schemes, trading arrangements, powers to charge, Council Tax,
equality and diversity obligations (including the public sector
equality duty), and vires.
I mean, if one accepts that you have a general
duty to promote
equality, can you ethically vote for tax cuts for the rich or a reduction
in minimum wage rates (which might predictably increase one form of inequality)?
He is particularly experienced
in local authority law,
in areas such as consultation and
equality duties, governance and constitutional issues and public procurement.
Governments do have a
duty to treat people
equality — an express
duty found
in secction 15 of the Charter.
Looking at the behaviour of the government
in relation to the
equality duties under the
Equality Act 2010 (EqA 2010), one might be tempted to think not.
The government decided that authorities should not be «burdened» with the requirement to publish the volume of information that the previous government had required them to produce
in order to demonstrate that they were complying with the public sector
equality duty.
In the recent attempt at dismantling the effectiveness of the public sector
equality duties under the EqA 2010, two approaches have been adopted by the government.
As the Law Society has indicated,
in the documentation accompanying the recommendation as well as the legal opinion that accompanied the report to Convocation, the
duty to promote
equality, diversity and inclusiveness — not only
in our legal practices, but also
in our public lives — is implicit
in the existing rules and obligations governing licensees, and not a new obligation.