Leading positive change? A human rights-based approach to positive equality duties

The key features necessary for a reflexive regulatory model have never been implemented within the British equality law framework. The proposed incorporation into the domestic law of Scotland and Wales of the International Covenant on Economic, Social and Cultural Rights and associated treaties offers an opportunity to address this by aligning positive equality duties with positive human rights duties using a human rights-based approach ( HRBA). The starting point would be to apply a HRBA to the public sector equality duty ( PSED) in the Equality Act 2010 by embedding the PANEL principles coupled with the State’s adoption of an enhanced leadership role. It is argued that an integrated framework aimed at advancing equality and human rights led by the State’s facilitation of the principles of participation, accountability and empowerment, would place positive duties at the forefront of a progressive transformation of the existing equality framework.