Managing Competing Equality Claims EDF/brap 2010

What are competing equality claims?

Competing equality claims – hard to define? Where the equalities claimed by one group, or individual threaten/are perceived to threaten the equality of others People can interpret the above differently – based on for example, legislation, values or interests

Why this report ? Timely – widening legal protection Potential for conflict in a range of areas Damaging effect of conflict‘winners’ and ‘losers’Elephant in the roomTo add to the evidence base To consider how to address these issues outside of the courts

The remit of this work To identify and review available evidence about how to successfully prevent, manage and resolve conflicts of this type To identify and review available evidence about how to successfully prevent, manage and resolve conflicts of this type

Approach Call for evidenceLiterature review Collection and analysis of real life ‘conflict based’ case studies Creative use of transferable practice

Findings Conflicts of this type tend to be: Rights based Identity based Resource based These characteristics can make conflicts particularly hard to resolve Conflicts of this type tend to be: Rights based Identity based Resource based These characteristics can make conflicts particularly hard to resolve

Scenario: Pensions advisor didn’t want to provide advice to people in civil partnerships because of her religious beliefs Response: Consultation with relevant equality groups Decision: Providing advice to all, was an essential part of the advisor’s role. Could job role be carried out effectively, if exceptions were made? Learning: Focusing on task /the role in question took the ‘heat’ out of the situation. Advisor felt comfortable enough to bring up the situation with line manager.

Scenario: Location of a medium secure forensic facility in a majority Pakistani community setting. Local fears of safety, and denial that ‘mental health problems’ affect the community. ‘NIMBY’ Response: Widen consultation base – talk beyond those most vocal. Education of community on issues of mental health. Decision: Still under negotiation, but less conflict. Learning : Staff skills (non-judgmental, listening, clear messages) widening consultation. Clarity around what is negotiable and what isn’t.

Transferable practice Preventing and handling conflictRole and responsibilitiesExemptionsSkills and abilities of the negotiatorMediation (in certain situations)Good management /ethosUsing human rights principle

Emerging issues Seeing beyond ‘identity’? Role of the media Making better decisions? Responding to conflict?

Decision-Making Tactics When a decision has to be made about whose claim holds most weight:  Use of proportionality – clearer and more transparent process for public decisions  Rights as ‘relationships’: our actions have an effect on others  Use of principles like ‘dignity’ as a benchmark to judge relative merit/ value of claims

Beyond Identity... (sometimes)? Drawbacks to previous equality based advocacy and campaigning and ‘equality’ in the media: Can prevent recognition of common experiences or causes of discrimination Representation can exclude diversity and the voiceless Need for a more sophisticated and neutral process for debate and decision-making. Drawbacks to previous equality based advocacy and campaigning and ‘equality’ in the media: Can prevent recognition of common experiences or causes of discrimination Representation can exclude diversity and the voiceless Need for a more sophisticated and neutral process for debate and decision-making.

Where to now?