{"title":"Implementation Behaviours and a Strength-Based Approach to Equality and Human Rights Implementation","authors":"David Barrett","doi":"10.1093/indlaw/dwad020","DOIUrl":null,"url":null,"abstract":"Abstract The introduction of the Public Sector Equality Duty (PSED) and the Human Rights Act were intended to establish an equality and human rights culture within public authorities. However, so far this culture has failed to take hold. Both utilise an enforcement pyramid model of regulation, where penalties increasingly progress until non-compliers comply. Using original empirical data this article explores the implementation of equality and human rights law within public authorities via semi-structured interviews. It finds three different implementation profiles: strong implementation (where individuals make the most of the resources they have and drive ever deeper implementation), mixed implementation (where individuals oscillate between deeper and perfunctory implementation), and weak implementation (where individuals avoid taking meaningful action due to feeling overwhelmed and in need of rescue). On the basis of these behaviours, it is argued that an alternative strength-based model of regulation is needed to supplement the enforcement pyramid and truly establish an equality and human rights culture within public authorities.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"62 1","pages":"0"},"PeriodicalIF":1.0000,"publicationDate":"2023-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Industrial Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/indlaw/dwad020","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract The introduction of the Public Sector Equality Duty (PSED) and the Human Rights Act were intended to establish an equality and human rights culture within public authorities. However, so far this culture has failed to take hold. Both utilise an enforcement pyramid model of regulation, where penalties increasingly progress until non-compliers comply. Using original empirical data this article explores the implementation of equality and human rights law within public authorities via semi-structured interviews. It finds three different implementation profiles: strong implementation (where individuals make the most of the resources they have and drive ever deeper implementation), mixed implementation (where individuals oscillate between deeper and perfunctory implementation), and weak implementation (where individuals avoid taking meaningful action due to feeling overwhelmed and in need of rescue). On the basis of these behaviours, it is argued that an alternative strength-based model of regulation is needed to supplement the enforcement pyramid and truly establish an equality and human rights culture within public authorities.
期刊介绍:
Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform. In addition Industrial Law Journal carries commentary on relevant government publications and reviews of books relating to labour law.