Public Sector Equality and Human Rights Duty

The Public Sector Equality and Human Rights Duty (‘the Duty’) is set out in Section 42 of the Irish Human Rights and Equality Commission Act 2014 (Irish Human Rights and Equality Commission Act 2014). This involves two separate but interconnected Duties set out in Section 42(1) and Section 42(2).

Under Section 42(1) of the Duty, public bodies must have regard to the need to eliminate discrimination, promote equality of opportunity, and protect human rights, for employees, service users, members and policy beneficiaries, across all their function areas. This overarching Duty is to be undertaken as an ongoing requirement on public bodies.

Under Section 42(2) of the Duty, public bodes must undertake three steps in giving effect to this Duty:

• Assess Step:  Undertake an assessment of the equality and human rights issues facing the identified groups for the Duty, with a focus on those issues that have relevance to the specific functions and purpose of that public body, and to make that assessment publicly available through the Dublin City Council Corporate Plan.
• Address Step: Identify and communicate, through the Dublin City Council Corporate Plan, the plans, policies and actions being taken or proposed, to address the equality and human rights issues identified in the assessment.
• Report Step: Report annually on developments and achievements in implementing the Duty.

This strategic duty is to be undertaken by public bodies as part of their strategic, planning and reporting cycle.

The groups identified for the Duty are those:

• covered by the grounds of gender (including gender expression, gender identity and sex characteristics), civil status, family status (including lone parents and carers), age, disability (broadly defined to include all impairment groups), sexual orientation, race, religion, membership of the Traveller community, and socio-economic status (at risk of or experiencing poverty and exclusion);
• at the intersections of these grounds; and
• rights holders under relevant human rights instruments.

In implementing the Duty, Dublin City Council is committed to addressing the equality and human rights issues found to be relevant to all our functions. We integrate equality and human rights into the core of our operations.

Our ambition in implementing the Duty is framed by the following values:

• Dignity and respect - People being treated in a manner that recognises their intrinsic human worth
• Diversity and accessibility - Difference is welcomed and valued and diversity is accommodated in access to our services and in employment
• Inclusion and social justice - The diversity of people have the resources and opportunities to participate fully in all aspects of life in the city.
• Participation and engagement - The diversity of people have opportunities to have a say on matters and in decisions that affect them
• Choice and autonomy -The preferences and choices of the diversity of people are acknowledged with appropriate options available in service delivery and employment where possible

The Human Resources Department holds responsibility for the ongoing implementation of the Duty across Dublin City Council. Based on the implementation plan for the Duty, it supports and monitors Departments to implement the Address Step of the Duty in relation to:

• the development or review of policies, plans, strategies and programmes identified, in their Annual Service Delivery Plan, to be subject to an equality and human rights impact assessment, in compliance with Section 42(1) and
• the identification of targeted plans, policies or action in place or proposed to address the equality and human rights issues, in compliance with Section 42(2).

In giving effect to this Duty:

Assess Step:

Dublin City Council has undertaken an evidence-based and participative assessment of the human rights and equality issues, facing the identified groups for the Duty, it believes to be relevant to its functions and purpose. This assessment is based on a review of relevant Dublin City Council Plans and Strategies, national policy, national research, international research, and submissions to international human rights monitoring bodies to capture issues of situation and experience for these groups and needs specific to these groups, as well as on an engagement with relevant civil society organisations. It is not an evaluation of Dublin City Council or its current actions to eliminate discrimination, promote equality and protect human rights.

Address Step:

Dublin City Council has developed an implementation plan as a framework to give ongoing effect to both Section 42(1) and Section 42(2) of the Duty over the period of its Corporate Plan 2025-2029, Dublin City Council Corporate Plan which incorporates implementation plans prepared across the Departments of Dublin City Council.

This implementation plan sets out: the values that motivate the City Council’s concern for equality and human rights and their concrete implications for City Council priorities and processes;  the assessment of equality and human rights issues relevant to the functions and purpose of the City Council; actions to enable an ongoing implementation of the Duty; how the Address step of the Duty will be implemented in an ongoing manner through an equality and human rights impact assessment as part of the development or review of plans, policies, strategies and programmes, and in a strategic manner through targeted plans, policies and actions that directly address equality and human rights issues; and how the Report step of the Duty will be implemented each year.

Annually, each department, based on their Annual Service Delivery Plan, will identify:

1. those plans, policies, strategies and programmes to be developed or reviewed and to be subject to an equality and human rights impact assessment that year (in compliance with Section 42(1)); and
2. the plans, policies and actions in place or proposed to directly address equality and human rights issues (in compliance with Section42(2)).

Each department is responsible for implementing this Address Step and reporting on progress made on the relevant equality and human rights issues. The Public Sector Equality and Human Rights Duty commitments from each of the Departmental Annual Service Delivery Plans are combined in a single Dublin City Council Duty Action Plan which is available here:

Report Step:

As part of the Annual Service Delivery Plan reporting process, each department will report on progress made in addressing the equality and human rights issues identified as relevant to their functions.

Dublin City Council will also report annually on developments and achievements in implementing the Duty within Dublin City Council’s Annual Report.

In particular, the report will address: new outcomes for the identified groups for the Duty; new developments and improvements in the delivery of departmental functions; and developments and improvements in departmental processes to embed a focus on equality and human rights.

Dublin City Council has a strong track record of initiative on and commitment to equality and human rights. As a local authority we are there to serve everyone, all the people of our city. The Duty allows us to break down this ‘everyone’ and see the diversity in that ‘all’, ensuring attention to and inclusion of the identified groups for the Duty. It thus builds on and underpins our current initiative in and commitment to equality and human rights, with the planned and systematic approach required by the Duty.

Tel: (01) 222 3136 

Email: [email protected]