Does the law think that black lives matter? A reflection upon the role of the public sector equality duty in promoting racial equality before the law

Abstract

ABSTRACT Racism is often perceived as a conscious choice an individual makes to abuse another, or an explicit statement that a group of people are inferior to another. Less often is racism construed as a product of institutional culture. This inability to accurately depict the problem has stunted the ability of lawmakers to craft legislation that will adequately combat racism. This paper explores attempts in the recent past that have provided remedies for those subject to racism rather than addressing its systemic causes. S149 of the Equality Act in the United Kingdom bucked this trend by obligating public authorities to take proactive steps to eliminate discrimination. This paper examines the challenges the provision has faced, explores how it could work to prevent racism in the coming years, and argues that it remains important today.