Equality and Human Rights Commission

Overview of the Morning

• EHRC – What we do• Human Rights Inquiry• Making sense of Human Rights• Table sessions

EHRC – a snapshot

• Great Britain’s first National Human Rights Institution with UN ‘A’ status

• Our remit:– Encourage good practice in relation

to human rights

– Promote awareness, understanding & protection of human rights

– Monitor the effectiveness of laws relating to human rights and compliance with equality laws

3

Nine teams for nine regions

Human rights – the values

FairnessRespectEqualityDignity

Autonomy

Equality is central to Human Rights, but not the whole story....

Human Rights – the history

• Universal Declaration of Human Rights, 1948: first formal statement in modern eraThink of the roots of this: limiting state control

over inhabitants

• European Convention on Human Rights, 1950: making rights binding People can now call on and use rights in the courts

• Human Rights Act, 1998Bringing rights home

Human rights – the law

Human Rights Act 1998• Almost identical to ECHR• Can be used in courts in UK – don’t

have to go Strasbourg• Legislation must be interpreted with

the HRA in mind• Articles are absolute, limited or

qualified

Absolute v non-absolute

• Absolute rights – can never be interfered with

• Limited – can be engaged in certain circumstances

• Qualified – can be balanced for the public good

Human Rights Act 1998Part I: The ConventionArticle 2: Right to lifeArticle 3: Prohibition of

torture (inhuman or degrading treatment)

Article 4: Prohibition of slavery and forced labour

Article 5: Right to liberty and security

Article 6: Right to a fair trialArticle 7: No punishment

without lawArticle 8: Right to respect

for private and family lifeArticle 9: Freedom of

thought, conscience and religion

Article 10: Freedom of expression

Article 11: Freedom of assembly and association

Article 12: Right to marryArticle 14: Prohibition of

discrimination

Part II, First ProtocolArticle 1: Protection of

propertyArticle 2: Right to educationArticle 3: Right to free

elections

What does the Human Rights Act mean for Public Authorities

• It makes it unlawful for public authorities to act in a way that is incompatible with a convention right

• Anyone who feels that a public authority has acted incompatibly with their Convention rights can raise this before an appropriate UK court or tribunal

Taking Legal Action

• Only the ‘victim’ can take a case• Action can only be taken against a

public authority• Time limit is usually 12 months but

depends on the type of proceeding used

Our human rights work so far• Policy:

Effective opposition to Government’s attempts to increase the maximum period of detention without charge for terror suspects to 42 days– Used threat of legal action

• Cases:– R (RJM) v Department for Work and Pensions

• Enforcement:300 matters considered for enforcement action in our first 18 months. – 80% of matters dealt with without need for formal

enforcement proceedings

12

Human Rights Inquiry

• Purpose of the Inquiry– Assess the state of human rights

– Consider a culture of human rights & its benefits to individuals

– Focus on human rights approach in public service delivery

– Define a Human Rights Approach

13

Findings: Barriers to embedding a Human Rights Approach

Negative and sensationalist media

coverage

Lack of political leadership

Lack of understanding and mainstreaming in policies and practices

14

Best practice

• Health and social care

• Local authority services

• Education

• Criminal justice

• NGOs and voluntary organisations

15