Duty in the United Kingdom to have due regard to equality

UK legislation has gradually recognised the pro-active role that state bodies need to assume if there is to be any real progress towards substantive equality. After nearly 50 years of anti-discrimination laws, it is clearer than ever that without enforceable means to secure institutional change, the discrimination, exclusion and prejudice which people experience daily because of race, sex, disability, sexual orientation, religion or belief or age will continue, regardless of the number of individual claims before national and European courts.

Since the mid-1970s UK anti-discrimination laws have required public authorities in carrying out their functions to have due regard to the need to promote equality of opportunity. This short article considers the development of statutory equality duties in the UK, the content of such duties, interpretations by the courts and mechanisms for enforcement; it concludes with the outcome of a recent review of the duty now in force and a brief look towards the future.