Civil Rights and Discrimination Law
Civil rights and discrimination lawyers focus on protecting and advocating for individuals' rights and freedoms, ensuring equality and justice. Their work involves addressing civil rights violations and tackling discrimination in its various contexts.
Welcome to the world of civil rights and discrimination law
Civil rights and discrimination law is a crucial area of practice focused on protecting individuals from unfair treatment based on various characteristics. This area of law is primarily concerned with ensuring equality, safeguarding human rights, and addressing discrimination in different aspects of life, including employment, education, housing, and public services.
Here's an overview of the practice area
Nature of work
Employment discrimination
A significant portion of discrimination claims arises in the workplace. Lawyers in this field handle cases related to unfair dismissal, harassment, unequal pay, and failure to make reasonable adjustments for disabled employees. They often represent clients before Employment Tribunals and may engage in negotiations or mediation to resolve disputes.
Public law and judicial review
Lawyers working in this area challenge the decisions of public bodies that may infringe on individuals' civil rights. They use judicial review to assess whether a public body has acted lawfully, reasonably, and fairly. This practice often involves complex arguments about human rights and the application of the Equality Act 2010.
Housing discrimination
This area involves cases where individuals are discriminated against in their access to housing. Lawyers may represent clients facing eviction, harassment by landlords, or refusal of housing based on protected characteristics.
Education discrimination
Lawyers in this field address cases where students face discrimination in educational settings, such as schools and universities. This could involve issues like exclusion based on disability, religious dress codes, or discriminatory admissions policies.
Goods and services
Discrimination can occur in the provision of goods, facilities, and services. Lawyers may handle cases where businesses or public services refuse service, overcharge, or otherwise discriminate against individuals based on their protected characteristics.
Human rights litigation
Beyond discrimination, civil rights lawyers may take on cases involving broader human rights issues, such as freedom of speech, privacy, and freedom from torture. These cases often involve complex litigation and may reach the higher courts, including the Supreme Court or the European Court of Human Rights (ECtHR).
Key competencies
Advocacy and representation
In employment tribunals or judicial reviews, civil rights solicitors must represent clients effectively. Strong advocacy skills are required to present cases persuasively, whether in written submissions or oral arguments. This aligns with the SRA’s requirement for effective advocacy.
Drafting and documentation
Solicitors must be adept at drafting legal documents, such as pleadings, witness statements, and settlement agreements. Precision in drafting is crucial, as civil rights cases often hinge on specific legal language. This skill directly corresponds to the SRA’s emphasis on producing clear, accurate, and legally sound documentation.
Legal research and analysis
Civil rights and discrimination lawyers need strong research skills to stay up-to-date with evolving case law and legislative changes. They must analyse legal precedents, interpret statutes, and apply this knowledge to their clients' cases. This aligns with the SRA’s requirement for accurate legal research and problem-solving.
Understanding and applying the law
In civil rights and discrimination law, solicitors must demonstrate a thorough understanding of relevant legislation, such as the Equality Act 2010 and the Human Rights Act 1998. They must apply these laws to complex factual scenarios, ensuring clients' rights are protected.
Specialisation
Over time, lawyers may choose to specialise in specific areas of civil rights, such as employment discrimination or human rights litigation. Specialisation can lead to opportunities in high-profile cases or roles within prominent organisations like the Equality and Human Rights Commission (EHRC).
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Which kind of organisations do this work?
Lawyers who want to practise civil rights and discrimination law in England and Wales have several options for employment across different types of organisations. Here are some key areas where they can work: Law firms specialising in civil rights: Many law firms in England and Wales specialise in civil rights and discrimination law, or have departments dedicated to these areas. They handle cases involving discrimination in employment, housing, education, and public services, as well as human rights violations. Non-Governmental Organisations (NGOs) and charities: NGOs and charities that focus on human rights, civil liberties, and anti-discrimination work often employ lawyers. Organisations like Liberty, JUSTICE, the British Institute of Human Rights (BIHR), and Amnesty International UK advocate for civil rights, provide legal support, and campaign for policy changes. Lawyers in these organisations may engage in strategic litigation, policy advocacy, public education, and direct legal services. Public sector roles: Lawyers can work in public sector bodies, such as: o The Equality and Human Rights Commission (EHRC): This statutory body promotes and enforces equality and non-discrimination. Lawyers here may provide guidance or legal assistance related to equality laws, bring legal proceedings including judicial review to challenge discrimination or provide legal analysis in human rights and equality cases initiated by others. o Local authorities: Some local councils have legal teams that deal with discrimination and civil rights issues, particularly in housing, education, and social services. o The Government Legal Department (GLD): Lawyers here provide legal services to the UK government, which includes advising on human rights and equality issues, drafting legislation, and representing the government in court. Trade unions: Trade unions often employ or work with lawyers who specialise in employment discrimination and workers' rights. They represent union members facing discrimination or harassment at work and help in collective bargaining and policy advocacy. Examples include Unison, Unite the Union, NASUWT, Prospect. Academic and research institutions: Universities and research institutes employ legal academics and researchers who specialise in civil rights and discrimination law. These roles involve teaching, conducting research, publishing scholarly articles, and contributing to policy debates. Barristers’ chambers specialising in human rights and civil liberties: Barristers with expertise in civil rights and discrimination law often join chambers that focus on public law, employment law, or human rights. They represent clients in court, provide specialist legal opinions, and may engage in appellate advocacy. Pro bono work and legal clinics: Lawyers, including law students and graduates, may work for or volunteer with pro bono organisations or legal clinics that provide free legal advice and representation to individuals facing discrimination. This includes local law centres, Citizens Advice and the Free Representation Unit (FRU). In-house legal teams: Larger organisations, including corporations, educational institutions, and public bodies, may have in-house legal teams that need expertise in discrimination law, particularly in ensuring compliance with the Equality Act 2010, employment law and other human rights legislation. International organisations and bodies: Lawyers interested in the broader context of human rights may also work with international organisations that have a presence in the UK, such as the UNHCR - the United Nations Refugee Agency, Human Rights Watch, or the Council of Europe. Judiciary and Tribunals: Lawyers can apply for judicial appointments to roles in courts and tribunals that handle civil rights and discrimination cases. The Employment Tribunal, the County Courts, and the High Court frequently hear cases involving discrimination and human rights issues.
Professional bodies and resources
- The Law Society: Offers resources and support for solicitors practicing in civil rights law.
- The Bar Council: Represents barristers and provides relevant information and resources.
- Human Rights Lawyers Association: an apolitical, specialist lawyers association that deals exclusively with human rights law.
- The Equality and Human Rights Commission (EHRC): Provides guidance on equality laws and human rights protections.
- Amnesty International UK: Engages in advocacy and legal campaigns to promote human rights and challenge discrimination.
- Liberty: A leading human rights organisation that provides legal support and advocacy resources.
- JUSTICE: A law reform and human rights organisation focused on promoting fair legal practices and protecting civil rights.
- Free Representation Unit (FRU): Provides representation in employment and social security hearings for people who are not eligible for legal aid and cannot afford lawyers.