Achieving substantive equality: mainstreaming duties to complement affirmative action measures

Howard, Erica ORCID: (2020) Achieving substantive equality: mainstreaming duties to complement affirmative action measures. In: Affirmative Action and the Law: Efficacy of National and International Approaches. Howard, Erica ORCID:, Dominguez-Redondo, Elvira ORCID: and Beaz, Narciso Leandro Xavier, eds. Routledge, London / New York, pp. 198-212. ISBN 9780367219536, e-ISBN 9780429268991. [Book Section]


This chapter examines mainstreaming duties as they exist in the European Union (EU) and the United Kingdom (UK). It also examines the commitment in EU law to mainstreaming equality and non-discrimination, as well as analysing the Public Sector Equality Duty contained in section 149 of the British Equality Act 2010 (EA 2010). The chapter explains that states that a public authority must, in the exercise of its functions, have due regard to the need to eliminate discrimination and other prohibited conduct, to advance equality of opportunity, and to foster good relations. The duty can also be referred to as a duty to mainstream equality. The duty means that public authorities need to be proactive in preventing discrimination and advancing equality. It is argued that this duty can provide a clear addition to the discussed affirmative action measures, in order to reach substantive equality or real equality in practice for all people.

Item Type: Book Section
Research Areas: A. > School of Law > Law and Politics
Item ID: 29733
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Depositing User: Erica Howard
Date Deposited: 27 Apr 2020 09:34
Last Modified: 13 Apr 2021 01:14

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