PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW PART TWO – I rests on requirements to carry out workforce gender audits, to adopt gender equality plans based on the audits, which must be updated every four years, to make “reasonable and material progress” in relation to the gender equality plan and to report publicly every two years on progress against the plan to the Public Sector Gender Equality Commissioner, who has powers to issue compliance notices and accept enforceable undertakings if progress is not made. The gender equality indicators in the Act include: gender composition at all levels of the workforce; gender composition of governing bodies; equal remuneration for work of equal or comparable value; sexual harassment; recruitment and promotion practices; availability and utilization of terms, conditions and practices relating to family violence, leave, flexible working arrangements and working arrangements supporting employees with family or caring responsibilities; gendered segregation within the workplace; and any matters added by regulation. 3. Ensuring the effectiveness of equality duties States retain a large degree of discretion in the means through which they decide to implement their proactive equality obligations and, as discussed above, a range of different models have been adopted at the national level, through the development of statutory equality duties that seek to systematize and operationalize their application. In situations in which statutory equality duties are adopted, it is clear from the practice of United Nations treaty bodies and special procedures that they should meet some core minimum requirements. In particular, these duties should cover intersecting forms of discrimination,562 should be applied uniformly across public bodies,563 in multiple areas of life564 and should be accompanied by statutory guidance to aid implementation.565 In situations in which equality duties have been adopted by States, it is important that they are subject to clear legal enforcement mechanisms to ensure their efficacy.566 562 See, for instance, CEDAW/C/GBR/CO/8, para. 16 (c). 563 Ibid., para. 16 (b). 564 On her visit to the United Kingdom, for instance, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance recommended that the public sector equality duty be applied in “all necessary contexts, including in the context of immigration functions” (A/HRC/41/54/Add.2, para. 74 (d)). 565 CEDAW/C/GBR/CO/7, para. 17. 566 Crowley, Making Europe More Equal, p. 46. 73

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