No excuse for abuse- Cornwall

Promoting and defending Women-Only Spaces

Brenda Weston – Policy and Research

Introductions

• Name• Organisation (if relevant)• What would you like to get from

the workshop?

Why women only spaces?

• Find a partner to work with• Agree and note arguments for

women-only spaces/services (5 mins)

• Feedback key points (10 mins)

What support is there for these arguments?

• Equality Act 2010– Public Sector Equality Duty– Positive Action

• Public Law• The Compact (local/national)• CEDAW

Public Sector Equality Duty

“… requires public bodies, and others who exercise public functions, to have due regard to the need to eliminate unlawful discrimination,

harassment and victimisation; advance equality of opportunity; and foster good relations between people who

share a protected characteristic and those who do not share it.”

http://www.equalityhumanrights.com/advice-and-guidance/public-sectorduties/the-new-public-sector-equality-duty/

)

‘Due regard’ and Equality data

Under the requirements of the general duty to have ‘due regard’ to the matters set out in the Act

• “public bodies will need to understand the effect of their policies and practices on equality…

• this will involve looking at evidence, engaging with … staff, service users and others and…

• considering the effect of what they do on the whole community”.

(Quoted from: Equality Act 2010: The public sector Equality Duty: reducing bureaucracy)

Positive Action provisions

• Positive action is lawful under the Equality Act (positive discrimination is not)

• The Equality Act does not mean that both sexes should be treated the same

• Single-sex services are permitted where evidence is that it is needed

• Case law: in certain contexts it is still legal and appropriate for public authorities to fund (and provide) women-only services

• Positive action is discretionary – not mandatory

Public LawIn summary, public bodies must• Act lawfully• Act fairly and• Decisions must not be perverse or

irrational e.g.– Should not be based on irrelevant information

or ignore relevant information– Decisions that ‘flew in the face of the evidence’

have been found by courts to be irrational

CEDAW

• United Nations – aka ‘Women’s International Bill of Human Rights’

• Places obligations on UK gov and all public bodies to fully implement it to achieve equality between women and men – includes positive action

• Policies, services, strategies and initiatives must recognise and respond effectively to the different needs of women and men – can include women-only services

• Convention is legally binding under international law

For full guidance...

women-only services: making the case

A guide for women’s organisationshttp://www.wrc.org.uk/includes/documents/cm_docs/2011/m/making_the_case_for_women_only_july_2011.pdf