Implementation Behaviours and a Strength-Based Approach to Equality and Human Rights Implementation

David Barrett

Industrial Law Journal, 2024, vol. 53, issue 3, 370-406

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.

Date: 2024
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