Narrow Scope of the Equality Act - Essay Example

Narrow Scope of the Equality Act Introduction The Equality Act 2010 is there to protect human beings from discernment in the places of work and in the larger society compressing former laws that were against discrimination into a solitary Act. Hence, it makes the law simpler to comprehend and boosts safety in various circumstances. The Equality Act 2010 also lays out the diverse means through which it is against the law to treat a person in a certain way. Prior to the implementation of the Act, there were some aspects of the law covering discrimination like Disability Discrimination 1995. The Act defines discrimination as being treated unfairly pursuant to the identity of a person (Heery 2005). The Equality Act 2010 seeks to stem the discrimination of people from parties such as employers, health and care providers, businesses, and organisations that provide goods and services; as well as, public bodies such as local authorities and government departments. Fundamentally, the Act protects everyone from discrimination because we all have some of the characteristics. The characteristics that are protected include gender reassignment, belief, and sexual alignment just to name but a few. The Equality Act in Section 14 (1) provides that an individual (A) discriminates against another individual (B) if, due to two significant protected physiognomies (Government Equalities Office; Department for Culture, Media & Sport, 2013) When discussing this, it is important to define the term sex worker. In most cases, the term covers a term of personnel in what is sometimes known as the the sex trade. While at its conception, it bore a value, which was politicised and was utilised by authors as a thing to stand for a certain position. Currently, it has become widely accepted as the normal term and viewed as more correct compared to terms like prostitute. Such a term is seen to beat inherent stigmatising and negative suggestions (Hyman 2004). In 2002, a British Union founded a division to cater for adult entertainment that subscribed sex workers into a union. It was a first in the United Kingdom. The division enlisted from varied segments of the business such as prostitution and pornography. However, an action study notes that in spite of such moves, the rights of sex workers are yet to be fully covered as required by the Equality Act. The action element also comprised of developing an informal union that brought together of sex workers and in the UK. It was to be known as the International Union of Sex Workers. Since its inception, the branch has provided union benefits leaflets that are tailored to sex workers with benefits that include discounts on self-defence classes and lingerie products. There has been ongoing work to arrange sex workers who are not UK citizens. The arrangement has been geared towards ensuring that all their rights are catered for through ways like establishing contacts with their families in their home countries and teaching them to speak English to assist them in their work. Social activities have also been developed to link them with the society they ply their trade in (Feis-Bryce, 2012). Following closely in the footsteps of the World Organisation (WHO) and The Lancet among others, the Economist has come out in favour of decriminalising prostitution. In the UK, currently, sex work is technically legal as opposed to the popular opinion depicted in scenes. Moreover, sex selling itself is not illegal. Nevertheless, soliciting, brothels and pimps are illegal. While this might sound fair and promising to sex workers, it however does mean that sex workers are often forced to work individually or risk being apprehended. The general distrust of the police has also generated serious problems as was shown by the Ugly Mugs project that allows the sharing of information on possibly dangerous clients; thus, making it easier to report an assault. Decriminalisation in the UK would potentially add 5.3 billion pounds to the country’s Gross Domestic Product. Of course, it is important to understand that when considering the income, one needs to carry the assumption that incomes are mostly underreported across the country owing to fears of police intrusion (Feis-Bryce, 2012). In Germany and the Netherlands, legalisation means that only the licensed sex workers whose operations are based in particular brothels are legal. The same scenario applies in Nevada, United States where only the highly regulated and very restrictive brothels are legal. The good thing about decriminalisation is that with it, sex workers could work from everywhere including their homes or with other prostitutes without the fear of breaking the law. The difference between legalisation and decriminalisation is that while legalisation affords employers with balances of power, decriminalisation returns the rights to the workers; hence, making them free agents. The Economist agrees that the move of sex workers online is a potential boost to the industry as it has already allowed them increased freedom (West 2000; Gall 2006). Thus, sex workers can be able to build personal brands, screen their clients, give, and receive feedback. Like in other trades, they can be able to operate on a flexible and freelance basis, manage bookings around their other commitments, as well as, share health information with their customers. Thus, the internet affords sex work with the merits of a steady service industry. Sadly, the proposition that sex work should be decriminalised has also had its share of opposition especially from groups that advocate for the popular “Swedish Model” that criminalise the purchase of sex as opposed to the sale (Hardy 2010). While Scotland has considered and rejected the law, Ireland and Northern Ireland have been having the debate for some time now without having a clear outcome on the same. Compared to the WHO and the Lancet coverage, the Economist coverage has enticed interesting online attention from the anti-sex work majority. Perhaps very noticeable is how the same voices were quiet when the WHO proposed decriminalisation on public health grounds as opposed to the economic ideologies. While neither a health-based nor an economic dogma is ideal when the nub of the issue is securing and maintaining individual human rights, to the people that have campaigned on behalf of the sex workers, it is seen as a sign of growing support for the evidence-based rather as opposed to the prejudice-based policy (Colgan 2002). The economics of sex work are dynamic. For instance, by mistaking services for products, the End Demand, or the Swedish model assume that the population of the sex workers and the number of clients that is directly linked is faulty. While the pay has not been as good, this has not resulted in less supply. Moreover, the situation is pretty much the same everywhere. The similarity is partly because people who have criminal records or labelled as sex workers often find it very hard to get employment elsewhere in some parts of the states with the sex workers being put on the sex offenders’ list (West 2000; Gall 2006). The reason could because even in those areas that the supply of sex has been decriminalized, women are seen to be highly stigmatised when they are known to be sex workers. Also, because the economic opportunities that happen to be either legit or decriminalised, or both, have not been promising for some years now. The dynamics of this from both the rights perspective of a worker and an individual freedom outlook presents an interesting argument as discussed by sex worker turned writer Melissa Gira Grant. The Merseyside model The Merseyside model is used in reference to the allegiance of 2006 made by the Merseyside Police Forces. They pledged to deal with crimes against individuals practicing sex work as hate misconducts. Taylor wrote an article called Merseyside police: Sex workers are vulnerable. The writer explores the pains associated with sex work and indicates that she wants to help them. One respondent, Julie, a woman in her Forties, says, “You never know when you get into a car with a man, whether he is going to rape or pay you.” (Taylor, 2010). Similar cases are synonymous to the UK although a different predicament is happening in Liverpool. In the area, in the period between 2000 and 2005, six-sex worker related deaths were witnessed, of which, two remain two unsolved to date. Liverpool has experienced the highest sex worker deaths with London and Glasgow in close succession. It has prompted the police decision that something has to be done to reserve this trend. Perhaps, this came with the realisation that sex workers possessed a great know-how of crimes such as those linked with violence. However, in as far as, they did not deem that the police protected their rights; it was difficult for them to pass it on (Taylor, 2010). The police would then begin building and maintaining links with projects that supported sex workers and availing healthcare and support to the sex worker as part of the role that the Liverpool community took pride in. While small crimes like lobbying were not overlooked, the law enforcers had their eyes on affording the sex workers basic human rights through protecting them and developing trust relationships (Burchielli 2008). Hence, the Merseyside Police were the initial branch of police in the UK to assert in the strongest terms possible that wrongdoings against sex workers were hate crimes. Following this, the outcomes have themselves been overwhelming. For example, five years prior to the novel means of operation took root, only one opinion stood out despite the assault cases recorded against the sex workers. Thanks to this policy, the general rate of persuasion for assault cases against sex workers stands at 84% and an outstanding 67% for rape cases (ScotPep, n.d.). However, the national average rate of rape conviction also stands at 6.5% (ScotPep, n.d.). Liverpool had ten rape convictions in 2009. A number of men who had been accused and were waiting for trial with some answering to violent offences and others multiple rapes were there by 2011. According to Keelan who is a detective, most sex workers are easy targets and their aim is to safeguard them. The detective also opines that interest from several other police units were showing concern for the Merseyside model. Thus, they had come up with a team comprising these other police forces. The goal was to prosecute people who assaulted sex workers. While this model is not being imitated in other areas, the UK Network of Sex Work Projects thinks that its adoption is long overdue. They maintain that numerous laws concerning sex work make it hard for the sex workers to develop trust with the police. It is because imploring the laws one on one tends to make them criminal leading to a scenario where their protectors infringe on their rights. Just as in other countries, the dishonour tied to sex work and the high levels of honour adopted by a greater than average chunk of the society does not only affect the sex workers but in addition, it impacts their families. In virtually all scenarios, the question of the buyers of sex is overlooked (Feis-Bryce, 2012). The Silence on Violence report that was initiated by the London mayor Andrew Boff, proposed recommendations on the Metropolitan Police Force to adopt the Merseyside model. The report read, in part, “…sex works in London feel that when they report crimes, police will focus on their crimes related to sex work…having a brothel, as opposed to the crimes that are originally reported against them…as a result of this belief in the sex industry, the sex workers have told me that they cannot safely report crimes to the police.” (Boff, 2012). The report also revealed that there had been a steady decrease of sex providers who were telling the police as they did not accord them “respect and dignity when they had been assaulted. One particular victim actually described the treatment they were receiving from the police as both “humiliating and degrading.” The double standards exhibited there are as interesting as they are hurting to the prostitutes and their families (West 2000). As hinted above, many men who denounce women involved in sex work openly go to great extents to hide their indulgence for time with sex workers begging the question, what is morally wrong? The British Equality and Human Rights Commission defines equality as the practice of making sure that every person has an opportunity just as the other to make the best out of the talents they have and their lives. The belief is grounded in the knowledge that life offers equal chances to all in spite of their occupation and characteristics. However, the definition of equality notes that certain groups of people with certain inherent features like disability, sexuality, and race have more often than not experienced discrimination. As earlier mentioned, the Equality Act 2010 avails protection levels from discrimination that are the same. They are provided in all the safeguarded sectors like sex work (Burchielli 2008, p. 170). As per The Act, any person who thinks that they have experienced a form of discrimination, victimised or harassed can make a claim to a tribunal or court. Following which, legal action would be initiated during or before the expiry of six months after the crime against his or her rights has been committed (Government Equalities Office; Department for Culture, Media & Sport, 2013). The Act also provides for action, which is regarded as positives and that empowers educational institutions to avail extra privileges to students that tackle discrimination. Normally, it is the case when it is proved that the safeguarded features are disadvantaged. Such a case in example opens the eyes of right activists to the plight of sex workers who, though they are not classified under this, can fall perfectly under the category. Interestingly, sex worker problems can be classified under virtually all the classifications mentioned in the Equality Act 2010. For example, it can be classified under direct or indirect association, victimisation, pregnancy and maternity, racial, sex, sexual orientation, or even belief (Gall 2006; Gall 2007). Away from the tradition of sex workers being female, the new paradigm can be thought of as comprising and sensitive to the Lesbian, Gay, Bisexual, and Transgender (LGBT) society. In realisation that this is as good a job as any other work, the Equality Act dispensation; thus, should recognise and value union membership and support activists who push for the rights of sex workers; their communication, and organising means that are not in tandem with the way they traditionally operate as their rights are infringed upon (Jacobs, 2013). It is for this reason that they employ networks within their areas of residence as their key organising and communication means with high success rates. For instance, in the Open University of sex workers, which is a workshop initiative, there are campaigns, and debates opposing sex work criminalisation. There are other initiatives started and controlled by the members including the X-talk that is a union, which holds campaigns, and puts up classes for the sex workers that are ran by the sex workers to teach them English (Hardy 2010). To further boost communication, there are several e-mail and social media networks that are also in operation. Away from the Equality Act 2010, and further repressing the success of ventures, is the apparent missing of comprehension between the unions fighting for the rights of the sex worker and their leaders. The activists have expressed their dissatisfaction with the ability of the union to address some pertinent issues, practices, and the ways of communication with some members citing bureaucracy and hidden agendas. Linking sex work with gender equality provides an interesting perspective on the subject. For example, is the observation of gender equality under the laws of the European Union in regard to human rights appropriate? (Gall 2007). While the response might be apparent with the inclination to see gender equality as a human right, there are more implications than that. Essentially, an important attitude to the rights of sex workers can cause the perspective that laws of equality have to be based on and inferred from standpoints of ideologies like the dignity of human beings, which might not auger well with females and their outlook (Gallin 2001). However, the good thing is that viewing equality law from the human rights perspectives as opposed to gender will incorporate the Lesbian, Gay, Bisexual, and Transgender (TGBT) community conclusively when it comes to their equality. It would also emphasise on the balance among rights like privacy and equality that might seem noteworthy hindrances to equality (Colgan & Ledwith, 2002). While gender equality laws have nothing to do with the safeguarding of people regarded as minorities, females seem to suffer from multiple discrimination whereby the discriminatory actions are seen to be based on two or more discrimination criteria. Eliminating inequalities is an aim that comprises beyond discrimination such as that directed towards sex workers. There are treaties that ensure gender equality regardless of the occupation such as sex work as a critical component that is an aim of the European Union and a right on top of that against discrimination (Gall 2006). As per the same perception, assurance of a right against discrimination is not limited and ensures equality in terms of gender in spite of the work like sex work as a primary right. The Final Report of the Equalities Review recognises that people that fall into more than one of the disadvantaged categories aforementioned suffer some of the worst discrimination and disadvantages. In the Bahl v Law Society case, the problem had sprung up. Ms. Bahl claimed that she was discriminated because of she hailed from Pakistan. Lawfully, these elements were pertinent under the contemplation that alone, each element could not have indicated the truth of what Bahl went through. Consequently, in a solitary element entitlement, Ms. Bahl would have to re-evaluate herself with a male of African descent for a case concerning discrimination based on sex and a Caucasian woman in a racial claim. However, opponents are of the opinion that a white woman or a black man might not have been treated in such a way (European Commission Justice, 2011). Conclusion The Equality Act had acclaimed ambitions. For one, it was thorough and adopted an all-encompassing outlook on equality. It clarifies, expands discrimination ideas, and assault cases. The Act also has procedures that are termed as equality, which is transformational. While there have been accomplishments, in arranging with other unions in the fight against the violation of rights connected with sex work. There has been limitations may be because the needs and demands of sex workers have not been comprehensively addressed. As it has been seen, the rights of specialised groups of people like sex workers broaden the perspective on rights as offered by the Equality Act. Hence, when such aspects are been evaluated within the law, it requires much more than just basing the facts based on the Act. The recommendation would be that the Equality Act 2010 be reviewed to ensure that its coverage is broadened. References Boff, A., 2012. Silence on Violence: Improving the Safety of Women; The policing of off-street sex work and sex trafficking. [Online] Available at: http://glaconservatives.co.uk/wp-content/uploads/downloads/2012/03/Report-on-the-Safety-of-Sex-Workers-Silence-on-Violence.pdf [Accessed 08 May 2015]. 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