From Negative to Positive Equality Duties: The Development and Constitutionalisation of Equality Provisions in the UK

Abstract

This paper reviews the development and nature of one of the two components of the UK's equality regime – equality law. The origins of equality law lie in the postwar consensus on non-discrimination. The paper reviews the limitations of non-discrimination or negative equality duties. It documents the expansion of equality law at the turn of the twentieth/twenty-first century, when seven UK Acts and two European Directives introduced additional negative equality duties, provided for a new enforcement authority and introduced positive equality duties in respect of some social statuses. Many of these duties were introduced as part of devolution arrangements. UK equality law leads the field in European terms. The nature of positive equality duties and New Labour's approach to equality in general are also critiqued.