Detailed Analysis of Equity Act 2010 and Human Rights Comparison

This essay provides an overview of the Equity Act 2010, focusing on its provisions and objectives in promoting equality within the UK. It explores the act's historical context, including the influence of previous human rights legislations such as the Human Rights Act 1998, the European Convention on Human Rights, and the Charter of Fundamental Rights of the European Union. The essay then compares the Equity Act 2010 with other human rights frameworks, highlighting key differences and similarities. It discusses relevant case laws, such as Lewish v Malcolm and Meany & Ors, R v Harlow District Council, to illustrate the application and impact of these laws. The analysis covers various aspects of discrimination addressed by the Equity Act, including age, disability, gender, and religion, emphasizing the act's role in protecting individual rights and ensuring equal opportunities. The essay concludes by summarizing the key findings and emphasizing the interconnectedness of human rights and the Equity Act in promoting a just and equitable society.

Introduction to law

Table of Contents
MAIN BODY...................................................................................................................................1
Overview of Equity Act 2010.....................................................................................................1
Comparison between human rights and equity act ....................................................................2
CONCLUSION ...............................................................................................................................4
REFRENCES...................................................................................................................................5
.........................................................................................................................................................5

INTRODUCTION
The essay begins with exploring the main provisions of Human Rights Legislations
within the UK and then comparing them with the Human Rights Legislation applicable in the
UK. The Equality Act protects the rights of the individuals and grants equal opportunity to all.
This has been formed under the influence of various legislations that previously existed. This act
has a very wider scope in terms of society and aspect of equality within it. Nature of this act is to
form strict amendments to deal with discrimination and other flaws leading towards inequality.
The old law like human rights, convention of human right and charter of fundamental rights has
played an important role in formation of Equity act 2010. Under this essay various things in
relation to these acts has to be explained and there comparison is going to be discussed with the
present Equity Act 2010.
MAIN BODY
Overview of Equity Act 2010
Principals of equity is an very important element of society in order to maintain
democracy within it. This law has developed in UK at recent times before it old laws use to be
followed. Equity Act of 2010 come into existence in October 2010 which has been provided with
the challenges that has bee related to discrimination and promotes equality. Such act was
launched in the fifth generation that is going to promote equality. It is applicable to all over
Britain, England, Scotland and Wales (Girard and et. al., 2017). Under this act various
characteristics are there that is responsible to deal with discrimination that is age disability,
gender reassignment, marriage, civil partnership, maternity, race, gender and religion. Aims of
this act of equity 2010 this has been resulting into campaign of human rights organizations and
to cover the loopholes that has been existing within previous laws. Under the case of Lewish v
Malcolm an definition has been explained that is related to disability that has made restriction of
scope for those facing discrimination as per the previous legislation. Older provisos that has been
existing earlier were mainly focused on areas that are facing higher discrimination.
Equity act has been introduced to mark the strength of effectiveness that British legal
framework and making it achieve the goal of equality and strengthening the protection level
for it by marking out characteristics that gives bases prohibition of discrimination. The aim of the
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act was to make such rules and regulation that has been existing with the scope of protection.
Under this various provisions of human rights has been taken into consideration like Human
Rights Act 1998, European Conviction on Human rights 1950, Charter of Fundamental
Rights of European Union 2000 has been used to form the Act. The equity act deals with
equality that is very important part of human rights. In this sense the Equity Act is related to
earlier provisos of human rights. Also other provisos like the Act, therefore, merged nine main
pieces of legislation into one: the Equal Pay Act 1970,the Sex Discrimination Act 1975,the Race
Relations Act 1976,the Disability Discrimination Act 1995, the Employment Equality (Religion
or Belief) Regulations 2003 are also being used to form Equity Act 2010. Certain changes that
has been made by the act that has been acting over the changes that has brought into
discrimination according to legislation. The act has also provided certain rights that has been
protected under previous legislation. So, that right decision can be taken by the widening of
circumstances that makes positive impact over the society.
Comparison between human rights and equity act
The Human Rights Act has been formed to obligate public authorities for ensuring that no
proviso is being violated that has been violated that has been decided within the European
Convention on human Rights. One way an public authority has been ensured over ensuring the
being that can be achieved by undertaking an impacts of human rights. This is going to be used
by undertaking human rights impact assessment (Flyvbjerg, 2017). International treaties has been
marked generally as the distinction between equity and human rights that are dealing with
obligations of state that is regarded with the rights that has been applied and rights are required
to be taken into consideration as per the relevance of group. Main focus of convention is related
to discrimination that has to be deal with. For this purpose only various provisions has been
formed under the convention European Convention on Human rights 1950 and they are,
International Convention on the Elimination of all Forms of Racial Discrimination
(CERD), the Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW), Convention on the Rights of the Child (CRC), Convention on the Rights of
Persons with Disabilities (CRPD)). Charter of fundamental rights of European Union was made
to make sure that rights of an individual or group is safe within political, social and economic
environment. In this persons that are coming under European Union or are resident of UK were
covered. Such charter was formed under the law of European Union and resident law of UK.
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Further an case law has been given under this that is Flaminio Costa v ENEL facts of the case
are being as follows in this Mr. Costa is Citizen of Italy and owned an electric company Edison
Volta. He has been opposing against the nationalization of electricity department. It was asked
by him in the low court of Milan and asked for the real person that is creditor of electricity bill.
Edison Volta is an new organization that has come into existence at early stage. In the court of
law it was proceeded by the advocate that electricity industry has been violating the norms that
has been given under the law. Further the case was refereed to European Court of justice. It was
held by the Italian Constitution Court that the basic rule was not disturbed as the interpretation of
this says that two statutes conflict the subsequent one prevails upon the electricity
nationalisation law that has to be enacted in 1962. The European Court of Justice applied the
concept of Rome rule upon which the commission was able to challenge the Italian government.
Also the decision was due and treaty of the provisions is having direct effect. So, the point could
be raised as per the EC law against the national government as the proceeding takes place. As per
this observation and fact analysing has been held within the court as an independent source of
law. This is because of nature and origin which has been over ridden through domestic provisos.
However has been framed without being deprived of its characteristics as the community law
without letting it come into question. As equity act has been formed in dealing with
discrimination and case law to prove this is Meany&Ors, R v Harlow District Council in this
Harlow District Council it was published regarding invitation over trending as per the welfare
through rights and advice services in less budget to be given. Services that were being provided
by the Council through non profit marking organization within the decision of council. Also
organization is being required over making more redundancy in the staff. Another case of Mrs
Meaney was taken into consideration in which the resident of Harlow has used services. It was
to be claimed by her but Council has failed to comply its legal obligation of equity assessment
upon trending services. It was held by the court that importance of due regard is there. After all
facts has been observed by court it has been said that no duty of public authority has to be carried
out by the court and can carry out equity impact assistant. Also demonstration has been given
upon the directions that had obligation of equality to make decision that has to be applied as per
the policy. The court also held that public authority has been paid due regard of the statutory
duties. Community services has lead to revisiting of the fact. It is related to the aspect of
discriminatory policies. Further the court is of an general view with regarding the problem of
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equality through conscious approach. It was finally held by the court that no due regard has been
specifically regarded from the approach. Court focused upon the importance over compilation
that has raced equality of duty regarding action over the decision which has made an essential for
any kind of decision that has been made(Bar-Gill, Ben-Shahar and Marotta-Wurgler, 2019).
So, from the above cases it can be observed that both human rights and Equity Acts
works upon the same principal of law that is to deal with discrimination. As in both the cases one
common element of equality has been included as per the Europe Convention and Equity act
2010. Equity law has been developed in the year 2010 but its base has been formed out of the
various conventions or the laws that are dealing with same element earlier.
CONCLUSION
As per the essay the concept of discrimination and equality has been discussed under the
Equity Act of 2010 that has been brought into existence for the purpose of dealing with the
issues. Under this act the basic amendments stops discrimination of any kind by introducing
certain characteristics like gender, cast, colour etc. Further in this file human rights has been
explained with the European convention and charter of fundamental rights of European Union
has also been explained. In the end cases has been explained in order to explain the relationship
between human rights and Equity act.
REFRENCES
Books and journals
Bar-Gill, O., Ben-Shahar, O. and Marotta-Wurgler, F., 2019. The American Law Institute’s
Restatement of Consumer Contracts: Reporters’ Introduction. European Review of
Contract Law.15(2). pp.91-102.
Flyvbjerg, B., 2017. Introduction: The iron law of megaproject management. Bent Flyvbjerg.
pp.1-18.
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Girard, P. and et. al., 2017. Introduction to Law, Authority & History: A Tribute to Douglas
Hay. Osgoode Hall Law Journal.54(3). pp.683-686.
Hayden, G.M. and Friedman, L.M., 2017. American Law: An Introduction.
Minas, S. and Diamond, H.J., 2018. Introduction: The Law of the Sea and the Challenges of
Transnational Governance. In Stress Testing the Law of the Sea (pp. 1-7). Brill Nijhoff.
Patterson, M.R., 2017. Book Introduction: Antitrust Law for Information Goods.
Viola, F., 2016. Introduction: Natural Law Theories in the 20th Century. In A Treatise of Legal
Philosophy and General Jurisprudence (pp. 1065-1153). Springer, Dordrecht.
Wasser, T. and Michaelsen, K., 2017. Introduction: Why Understanding the Law Matters.
In Psychiatry and the Law (pp. 1-8). Springer, Cham.
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