All public bodies in Ireland have a responsibility to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans. This is a legal obligation, called the Public Sector Equality and Human Rights Duty, set out in Section 42 of the Irish Human Rights and Equality Act 2014. But what does this involve? In this blog, Niall Crowley from Values Lab (https://www.values-lab.ie/), who has been supporting Donegal ETB with this work tells us more about it.
Donegal ETB is building on an already strong commitment to equality and human rights in its implementation of the Public Sector Equality and Human Rights Duty (the Duty). The Duty offers potential for public bodies to build on progress made on equality and human rights by being more planned and systematic in their approach.
The Duty involves two interlinked duties on public bodies. The first is an overarching Duty to have regard to the need to eliminate discrimination, promote equality and protect human rights, and to embed this focus in the performance of all their functions. (Section 42 (1), Irish Human Rights and Equality Commission Act 2014). The second is a strategic duty to, as part of their strategic planning cycle: undertake an assessment of the equality and human rights issues facing the groups identified for the Duty; implement plans, policies and actions to address these issues; and report annually on progress in implementing the Duty and addressing the issues. (Section 42 (2)).
Donegal ETB is progressing an implementation plan for the Duty. This is being done by a working group involving senior management leadership. A values-led approach is being taken. Values that motivate a concern for equality and human rights, frame the approach to the Duty and provide benchmarks for its implementation. An equality and human rights values statement is included in the implementation plan. These values, in being fully engaged, shape the organisational culture that is central to effective implementation of the Duty.
The assessment of equality and human rights issues facing the identified groups and relevant for Donegal ETB’s
functions has been prepared. This was done in an evidence-based manner, using existing national and local research. It was participative, with the draft assessment reviewed with civil society organisations representative of the various groups covered. It is available on the Donegal ETB website.
The Duty is implemented in a way that is integral to how a public body organises its business and decision-making. As such, the implementation plan identifies those key decision-making moments for implementing the overarching Duty, and those targeted actions, plans, and policies being implemented under the strategic Duty, thus seeking to ensure an adequate and appropriate responses to the equality and human rights issues.
The assessment serves the overarching Duty in providing a starting point for undertaking an equality and human rights impact assessment in the development and review of plans, internal policies, strategies, and programmes. It serves the strategic Duty in establishing issues and groups that might usefully be addressed in targeted plans, policies or actions to ensure progress and outcomes across the diversity of learners and staff. A number of such targeted initiatives are in place in Donegal ETB, and their range and adequacy will be kept under review as part of implementing the Strategic Duty.
The implementation plan includes steps to enable implementation of the Duty through: leadership with senior management on the working group, capacity with training being provided and a training plan to be developed, and ongoing communication about its implementation.
Donegal ETB is pursuing an effective implementation of the Duty. In this, Donegal ETB is providing a valuable exemplar for the wider public sector in Donegal.
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For those who wish to learn more, consider completing this Equality and Human Rights in the Public Sector eLearning module (https://www.ihrec.ie/elearning/). It consists of three one-hour units that you can complete in your own time.