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Informing the development of EU anti-discrimination law

Summary of the impact

Discrimination remains a common social problem within and beyond the EU; e.g. the Fundamental Rights Agency found that in some EU states more than one-third of ethnic minorities reported experiencing discrimination when looking for work in the previous 12 months. Research by Professor Mark Bell has helped to influence EU law and policy on combating discrimination, as well as contributing to the agendas of European non-governmental organisations in this field. Specifically, his research was used in formulating proposals for a new anti-discrimination Directive. He advised several NGOs on their strategy for seeking amendments to enhance the draft Directive. This influence has contributed to the strengthening of anti-discrimination law and policy, with potential benefits for individuals in the EU facing discrimination.

Submitting Institution

University of Leicester

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Law and Legal Studies: Law

Defining the Duty to Promote Equality in UK Equality and Discrimination Law

Summary of the impact

Professor Sandra Fredman`s `four dimensional model` of equality was incorporated into the Equality Act 2010. Fredman`s research focuses on developing an understanding of equality that is sound in principle, and that is capable of articulating the purposes of equality legislation, particularly for newly developing equality duties which require bodies to take the initiative to promote equality. She has developed a conception of `substantive equality`, involving four dimensions: redressing disadvantage; addressing different needs arising from different identities; promoting participation; and preventing stigma, prejudice, harassment and violence. Fredman`s recommendations were adopted in the Equality Act 2010 to specify the goals of the equality duty. This is now incorporated into guidance produced for, and by, public bodies regarding the fulfilment of their statutory equality duties.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Law and Legal Studies: Law

Promoting Equality and Diversity

Summary of the impact

Malleson and Barmes' research at QMUL on how to promote equality and diversity has influenced policy and legislation through its impact on a number of official bodies, including the Advisory Panel on Judicial Diversity in 2009/10, the House of Lords Constitution Committee Inquiry on Judicial Appointments in 2011/12, the Joint Committee on Human Rights report on the Equality Bill in 2009, the Advisory Panel for the selection of judges to the Court of Justice of the European Union (`CJEU') in 2010 and also of the Coalition for the International Criminal Court (`CICC') in 2011. As founder members of the Equal Justices Initiative (`EJI') and of the AHRC research network, `Promoting Equality and Diversity through Economic Crisis' (`PEDEC'), their research has also informed public and policy understanding of equality and diversity issues more widely.

Submitting Institution

Queen Mary, University of London

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

Putting the Equality Act 2010 into Practice

Summary of the impact

The Equality Act 2010 (EqA) is the first major reform to equality legislation since the wave of UK equality legislation in the 1970s. The case deals primarily with the two most innovative aspects of the EqA — the Public Sector Equality Duty (s.149) and the Dual Discrimination provisions (s.14), which have formed the basis of Hazel Conley's research. The research has involved significant impacts with notable reach in relation to: (1) the policy and best practices of five local authorities, with other authorities also drawing on these lessons, (2) trade unions' priorities, strategies and representational roles in relation to equality objectives, including prompting 30 equal pay test cases, and (3) public policy in terms of promoting social justice and public debate, and advocating improvements to government policy.

Submitting Institution

Queen Mary, University of London

Unit of Assessment

Business and Management Studies

Summary Impact Type

Societal

Research Subject Area(s)

Commerce, Management, Tourism and Services: Business and Management
Law and Legal Studies: Law

Equal Human Rights for Same-Sex Couples and Parents

Summary of the impact

Prof. Robert Wintemute has presented his comparative law research on sexual orientation discrimination to the European Court of Human Rights or ECtHR (through written and oral arguments on behalf of intervening non-governmental organisations or NGOs), and the Inter-American Court of Human Rights or IACtHR (through oral and written evidence as an expert witness). His research has helped to persuade these Courts to adopt landmark judgments that greatly improve legal protection of the rights of same-sex couples and parents in the 47 countries with combined populations of over 800 million people that are parties to the European Convention on Human Rights (EConHR), and the 23 countries with combined populations of over 550 million people that are parties to the American Convention on Human Rights (AConHR).

Submitting Institution

King's College London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Development of Policy in the Field of Equality in the Workplace

Summary of the impact

Research by Vickers and Manfredi has enhanced public and policy understanding of equality and diversity issues relating to religious belief, age discrimination and equality policies both nationally and internationally. Their work on equality has been instrumental in developing the equality policy of HEFCE and the equality framework of the REF 2014. They have advised human resources managers in relation to age equality, demonstrably influencing organisational policy development on retirement, through its application in personnel equality training programmes for a range or organisations and agencies. Additionally research by Vickers on religious equality has assisted conceptual understanding and capacity building nationally and within the European Union, underpinning legal challenges to government equality legislation.

Submitting Institution

Oxford Brookes University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: Religion and Religious Studies

International Human Rights: hate speech, minority rights, racial discrimination and indigenous peoples

Summary of the impact

Patrick Thornberry's research on human rights, particularly regarding international standards on racial (including caste) discrimination, minority rights, rights of indigenous peoples, and hate speech, has (1) influenced the development of legal principle through advice on policy and participation in the authorship of international standards, particularly those of the United Nations; (2) influenced the development of national legislation and practice including legislation in the UK; (3) facilitated the human rights work of international and national non-governmental organisations (NGOs) working to defend the rights of minority, indigenous and caste communities.

Submitting Institution

Keele University

Unit of Assessment

Politics and International Studies

Summary Impact Type

Societal

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law
Language, Communication and Culture: Cultural Studies

Ensuring that the interests of the UK are considered when courts affect the law of a British Overseas Territory

Summary of the impact

Professor John Finnis has been engaged in a programme of research in legal and constitutional theory. His work on the legal and political responsibilities of UK ministers when acting to affect the law of a British Overseas Territory played a pivotal role in the decision of the House of Lords to reverse the Court of Appeal`s interpretation of the Colonial Laws Validity Act 1865 (CVLA). The Court of Appeal had held that UK ministers could not properly legislate in the interests of the UK as a whole (including its dependent territories), but only in the interests of the particular territory itself. Relying on Finnis`s arguments, the House of Lords changed that precept. Finnis`s work also persuaded members of the House of Lords to express doubts about a central holding of an earlier decision, which concerned the capacity in which ministers acted in legislating in dependent territories. Finnis`s arguments have been relied on in legal argument in later cases, and have been recognised and reaffirmed in subsequent Court of Appeal and Supreme Court judgments. In this way, they have helped to change fundamental constitutional principles affecting not only all citizens in the UK, but also those in its Overseas Territories around the world.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Enhancing understanding of Shariah family law in England and Wales

Summary of the impact

Research carried out by the University of Reading's Dr Samia Bano (Lecturer 2005-2013) explored the experiences of Muslim women who engage with the law, and particularly their engagement with Shariah law. This research had an impact on the decisions and understandings of government policymakers via a subsequent investigation and written report commissioned by and produced for the UK Ministry of Justice (MoJ). This project looked particularly at the realities of the use of Shariah Councils in England and Wales to handle family-related disputes, and provided hitherto unavailable insights into a relatively unknown area of practice, enabling policymakers and other stakeholders to engage with this issue in a more informed manner.

Submitting Institution

University of Reading

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: Religion and Religious Studies

Governance, Legal Reform and Access to Justice

Summary of the impact

Professor Faundez's research has set out how legal reform projects should be designed and implemented in order to be successful in the context of existing local conditions and to ensure access to justice for indigenous peoples and other vulnerable groups. His work as policy advisor both to development agencies (the World Bank, the UK's Department for International Development (DFID), and the Inter-American Development Bank) and to Non- Governmental Organisations (NGOs) (Amnesty International, the World Justice Project) has helped these organisations broaden their approach to the design, implementation and evaluation of legal reform projects. The range of his publications - from academic articles to specially commissioned reports - has ensured a fruitful dialogue with practitioners in the field of law and governance.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

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