Equality, Diversity and Human Rights
Scope of this chapter
Equality: Ensuring that everyone has equal opportunities, regardless of their abilities, background or lifestyle.
Diversity: The differences between people’s values, beliefs, cultures and lifestyles.
Human Rights: The basic rights that belong to everyone.
Equality, diversity and Human Rights are grounded in law and at the heart of everything we do as a service.
This chapter explains what the law requires us to do and provides examples of how we can implement this into the everyday care and support we provide. The law doesn’t just apply to the people we support - we all have rights. The chapter therefore also contains a section that describes those rights and the action you can take if you feel they are being breached.
Celebrating diversity, ensuring equality and protecting Human Rights are not only legal requirements, but core values and principles. This means that they apply to everyone and are always relevant when planning for or providing care and support.
Relevant Regulations
Regulation 9: Person-centred care
Regulation 10: Dignity and Respect
Regulation 13: Safeguarding service users from abuse and improper treatment
Related Chapters and Guidance
- Anti-Harassment and Bullying
- Culturally Appropriate Care and Support
- Dignity and Respect
- Mental Capacity
- Recognising a Deprivation of Liberty
- Relationships and Identity
- Whistleblowing
- Gov.UK: The Equality Act guidance
- Equality and Human Rights Commission: The Human Rights Act
- CQC: Culturally appropriate care
- CQC: Relationships and sexuality in adult social care services
- Skills for Care: Equality and Diversity
Amendment
In December 2023, this chapter was updated to include additional guidance from Skills for Care and information about the FREDA and EHRC (European Human Rights Commission) 9 principles for social care. In Section 7, Workplace Discrimination, the old EHRC link was replaced with a Citizens Advice link.
The Equality Act is a law that protects everyone from discrimination related to certain personal characteristics. They are called ‘protected characteristics.
Protected characteristics are:
- Age;
- Race;
- Sex;
- Gender reassignment;
- Disability;
- Religion or belief;
- Sexual orientation;
- Marriage or civil partnership;
- Pregnancy and maternity.
There are 4 types of discriminatory behaviour.
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Direct discrimination |
When someone is treated less favourably because of a protected characteristic e.g., someone is excluded from an activity because of their age |
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Indirect discrimination |
When goods or services have criteria that serve the purpose of excluding access to people because of a protected characteristic. |
|
Harassment |
Intentional or unintentional behaviour that violates dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment. |
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Victimisation |
When someone is treated unfairly as a result of making a complaint about discrimination. |
Under the Care Act 2014, discrimination is a category of abuse and neglect. This means that, if discrimination is taking place and the safeguarding duty applies, a safeguarding concern must be raised.
For further information See: Disclosure and Raising a Concern.
Principle 1 of the Mental Capacity Act makes it unlawful to make assumptions about someone’s mental capacity based solely on any of the following:
- Age;
- Appearance;
- Behaviour;
- A physical or mental health condition;
- Having been found to lack capacity to make a previous decision.
For further guidance see: The Mental Capacity Act 2005 Resource and Practice Toolkit
The Human Rights Act 1998 sets out the basic rights of everyone. You cannot prevent someone from exercising one of their rights without good reason, often without legal authority having been granted by a court. You also cannot discriminate against someone for exercising their rights.
Each right in the Act is referred to as an ‘article’.
The following articles are pertinent to diversity, as they give legal recognition to difference:
Article 8: Respect for family and private life, home and correspondence
Article 9: Freedom of thought, belief and religion
Article 10: Freedom of expression
Article 12: Right to marry and start a family
Information about what these articles mean is in the next section of this chapter.
The Human Rights Act 1998 sets out the basic rights of everyone. You cannot prevent someone from exercising one of their rights without good reason, often without legal authority having been granted by a court. You also cannot discriminate against someone for exercising their rights.
Each right in the Act is referred to as an ‘article’.
The numbering corresponds with the article numbers in the European Convention on Human Rights, a treaty signed by European nations in 1953. There is no Article 1 or Article 13, as these have since been fulfilled.
The articles
Article 2: Right to life
Article 3: Freedom from torture and inhumane treatment
Article 4: Freedom from slavery and forced labour
Article 5: Right to liberty and security
Article 6: Right to a fair trial
Article 7: No punishment without law
Article 8: Respect for your family life, home and correspondence
Article 9: Freedom of thought, belief or religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry and start a family
Article 14: Protection from discrimination in respect of these rights and freedoms
What the articles mean
Article 2: Right to life
Article 2 is simply that nobody can intentionally end or try to end your life.
Article 3: Freedom from torture and inhumane treatment
Inhuman or degrading treatment includes serious physical or psychological abuse in a care setting, and treatment that is humiliating or undignified.
Article 4: Freedom from slavery and forced labour
Article 4 protects everyone’s right not to be forced into modern slavery. This includes slavery, human trafficking, forced labour and domestic servitude, and debt bondage - being forced to work to pay off debts that will never be paid.
Article 5: Right to liberty and security
Article 5 is the right to freedom. It ensures that nobody is ever illegally detained.
Depriving people of their liberty without having an authorisation is a breach of Article 5.
Article 6: Right to a fair trial
This article protects the rights of people that have been arrested to have a fair and public trial or hearing.
Article 7: No punishment without law
Article 7 means that people can only be charged for a crime if the act they committed is a criminal offence in current law. It also means that courts can only give sentences that were available to hand out at the time the crime was committed.
Article 8: Respect for family and private life, home and correspondence
Article 8 includes the right to:
- Determine your sexual orientation;
- Develop your personal identity.
Article 9: Freedom of thought, belief and religion
Article 9 includes the right to:
- Wear religious clothing;
- Talk about your beliefs and take place in religious worship;
- Change your beliefs or religion at any time.
Article 9 incorporates all religious belief, but also beliefs such as atheism, veganism and pacifism.
Article 10: Freedom of expression
Article 10 includes the right to hold your own opinions and to express them freely.
Article 11: Freedom of assembly and association
Article 11 is the right to form or be part of a trade union, political party or any other association or voluntary group.
Article 12: Right to marry and start a family
Article 12 is the right to marry anyone you choose (within the realms of the law). This right includes transexual people.
Article 14: Protection from discrimination in respect of these rights and freedoms
All of us, no matter who we are, enjoy the same human rights and should have equal access to them. This article makes it illegal to restrict rights due to a protected characteristic of the Equality Act 2010.
Further information
For further information see Equality and Human Rights Commission: The Human Rights Act
Deprivations of Liberty fall under the remit of the Mental Capacity Act 2005. A deprivation of liberty (breach of Article 5 of the Human Rights Act) occurs when a person who lacks capacity to consent to their care or treatment:
- Will be (or is) under continuous supervision or control; or
- Will not be (or is not) free to leave the place where they are receiving care or treatment; and
- The care, support, or treatment is imputable to the state.
Deprivations of liberty cannot take place legally until they have been authorised by either the DoLS framework or the Court of Protection.
For further information see: Safeguarding and Deprivation of Liberty
The following are just a few examples of practice that could be discriminatory and therefore a breach of the Equality Act 2010.
- Running a social event for people with varying levels of mobility which is at a venue where there is no access for disabled or physically impaired people;
- In a care home, being inflexible about mealtimes when there is a Muslim person fasting during Ramadan that needs to only eat outside of daylight hours;
- Providing entertainment where there are people with hearing and visual impairments who are not catered for.
Celebrating diversity, ensuring equality and protecting Human Rights is crucial to ensure that everyone is treated fairly and respected the same way.
There are lots of ways in which we can implement these core principles into everyday care and support.
The following chapters of this Handbook provide extensive guidance for good practice:
Culturally Appropriate Care and Support
The following subsections provide information about specific Human Rights principles that, when applied consistently, can also help us to protect and promote equality and Human Rights.
The FREDA principles are based on the core values of the Human Rights Act 1998 and the Equality Act 2010:
- Fairness: Treating people equitably and giving them a chance to express their views and opinions;
- Respect: Valuing each person’s dignity, privacy, and individuality;
- Equality: Ensuring equal opportunities and outcomes for everyone, regardless of their characteristics or circumstances;
- Dignity: Providing care and support that is compassionate, courteous, and respectful of people’s preferences and choices;
- Autonomy: Supporting people to make their own decisions and have control over their lives.
The Equality and Human Rights Commission (EHRC) 9 principles for social care are a set of standards that governments, social care commissioners and social care providers should strive to meet when designing and delivering social care.
Based on equality and human rights values, they aim to improve the quality of care and outcomes for people who use social care services, as well as for the staff who provide them.
The EHRC 9 principles for social care are:
- Available: Everyone with social care needs can get the support they need to live a dignified life. The system should be sufficiently and sustainably funded to achieve that;
- Accessible: Everyone can access social care services without discrimination or barriers. The system should be designed and delivered in a way that respects diversity and inclusion;
- Person-centred: Everyone is treated as an individual with their own needs, preferences, and aspirations. The system should enable people to have choice and control over their own lives;
- Choice and control: Everyone can make informed decisions about their own care and support. The system should empower people to exercise their rights and have a say in how services are provided;
- Community and connection: Everyone can participate in society and maintain relationships with others. The system should support people to live independently and have access to community resources and networks;
- Effective redress: Everyone can access justice and remedies when things go wrong. The system should have clear and transparent mechanisms for accountability, complaints, and redress;
- Robust regulation: Everyone can expect high standards of quality and safety from social care services. The system should have effective regulation and inspection to ensure compliance with the law and best practice;
- Support for unpaid carers: Everyone who provides unpaid care for others can access support and recognition. The system should acknowledge the contribution of carers and provide them with adequate resources and respite;
- A valued workforce: Everyone who works in social care can enjoy fair pay, good working conditions and opportunities for development. The system should invest in the recruitment, retention, and training of a diverse and skilled workforce.
Not everyone we support understands what discrimination is - they may not recognise it or may tolerate it if they think it is a part of a normal healthy relationship.
If we recognise it is happening, or we are told it is happening, we must take action to stop it.
This could involve supporting the person to make a complaint to the registered person, the CQC or the police, whichever they wish to do.
If the behaviour is being carried out by staff members, this should be reported to your line manager or the registered person.
See: Whistleblowing
Discrimination should always be managed as a safeguarding adults' concern.
See: Safeguarding and Deprivation of Liberty
Any allegations against staff members should be managed through relevant Human Resources procedures and processes.
The same rights that apply to the people we support also apply to us all.
Our Equality and Diversity policy commits to equality of opportunities for all staff. This applies to recruitment, retention, progression and pay.
This policy can be found in the local resources.
Staff that feel they are a victim of workplace discrimination should make a record of the behaviour that took place.
If they wish to, staff can obtain advice before taking any action from the Equality Advisory Support Service:
Tel: 0808 800 0082
Online contact form: www.equalityadvisoryservice.com/app/ask
Available options:
- Report the discrimination to the registered person for investigation;
- Raise a grievance using the services grievance procedures;
- Make a claim to the Employment Tribunal.
For further information see:
Citizens’ Advice –Dealing with discrimination at work.
Staff that complain about discrimination must not experience further discrimination or be negatively impacted on because they have made a complaint.
There must be an Equality and Diversity policy in place, and the policy should be reviewed regularly to ensure it remains fit for purpose.
The policy should explain your attitudes and values towards equality and diversity and outline your aims for removing inequalities and prejudice and the steps that you will take.
Examples of statements you may want to include:
All staff should receive equality and diversity training as part of their induction, so they understand the legal requirements and learn the importance of working in ways that embrace difference and challenge discrimination.
Skills for Care has developed a resource called ‘Confident with Difference’ to support managers to develop their staff’s understanding by considering how well diversity is embraced.
Last Updated: November 29, 2023
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