Human Rights Report Fulfilling the Paris Principles
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Contents
Foreword 3
1. Introduction to the Commission 5
2. Joining the international human rights system: our accreditation 7
3. Our vision of human rights and key achievements to date 9
4. Fulfilling the Paris Principles 13 Bill of Rights 13 Using our legal powers 14 Our Human Rights Inquiry 15 Our Human Rights Strategy 17 Meat Processing Sector Inquiry 19 Inquiry into Sex Discrimination in the Finance Sector 19 Scotland Trafficking Inquiry 20 Reception – 60 years of the Universal Declaration 20 United Nations Human Rights Treaties 21 United Nations: Human Rights Council 29 European Court of Human Rights (ECtHR) 30 European Union 31 The ICC and Eurogroup of NHRIs 31 Guardian roundtables 31 Schools 32 Care pathways 32 Social landlords 32 Regulators and inspectorates 33 Business and human rights 33 Human rights measurement framework 34
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5. Our work in Wales and Scotland 37 Wales 37 Scotland 38
6. Future plans 39
Appendix: Paris Principles relating to the status of national institutions 41
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Foreword
Sixty years ago Eleanor Roosevelt spoke about the importance of making the Universal Declaration of Human Rights ‘a living document, something that is not just words on paper, but something which we really strive to bring to the lives of all people’.
In today’s Britain, this is the responsibility As we live through unprecedented of the Equality and Human Rights economic circumstances, as the advance of Commission: to give substance to human technology poses new questions about rights. Our aim is that everyone, no matter privacy and freedom, and as evolving who they are, should be treated with public policy redefines the relationship decency, dignity and respect. With a range between individual and state, it remains of powers entrusted to us by parliament, vital to protect and promote the core we can examine government’s actions, values of human rights. That is precisely educate public service providers, what the Commission is committed to encourage private firms and empower doing. Few tasks could be more important individuals. or more worthwhile, and we approach it with the utmost resolve. This document sets out the way in which the Commission has used those powers since we were granted ‘A’ status as a United Nations accredited National Trevor Phillips Human Rights Institution in January Chair 2009. It contains many successes, and Equality and Human Rights Commission should encourage everyone who believes in the importance of human rights. But we know that this is just the beginning of our mission.
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1. Introduction to the Commission
The Equality and Human Rights Commission (the Commission) is a statutory body, established by the Equality Act 2006, and launched in October 2007. The Commission has responsibility for protecting and promoting human rights and equality in relation to age, gender, sexual orientation, gender identity, religion and belief, disability and race.
The Act gives the Commission specific The Commission is committed to powers on human rights, including to: encouraging public bodies to adopt a Promote understanding of the ‘human rights approach’ to the planning importance of human rights. and delivery of their services. We also have the power to intervene in legal cases Encourage good practice in relation to involving human rights and we are human rights. lobbying for the expansion of existing Promote awareness, understanding and human rights legislation in Great Britain. protection of human rights. The Commission has the status of Great Britain’s National Human Rights Encourage public authorities to comply Institution (NHRI), which gives us a key with section 6 of the Human Rights Act role in engaging with the United Nations 1998 (c. 42) (compliance with (UN) human rights system. Convention rights).
Human rights is defined quite broadly in the Equality Act and incorporates both the rights found in the Human Rights Act 1998 as well as those human rights defined by other mechanisms, at the European or international level.
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2. Joining the international human rights system: our accreditation
National Human Rights Institutions (NHRIs) are increasingly being recognised as important human rights actors at both national and international level.
Although the creation of NHRIs in United The Paris Principles (see Appendix) Nations (UN) member states was establish the minimum standards required envisaged as part of the international for the independence and effective human rights infrastructure conceived by functioning of NHRIs. They detail the role the founders of the UN in 1946, NHRIs are that NHRIs are expected to perform (that in fact a relatively new phenomenon. is, monitoring and implementing human Indeed the UN General Assembly only rights standards) and the way this role adopted the Paris Principles (the main ought to be undertaken (that is, source of normative standards for NHRIs) maintaining independence from in 1993. Most NHRIs were established in government and civil society). the early 1990s, and Great Britain established its own NHRI when the The International Coordinating Equality and Human Rights Commission Committee on NHRIs (ICC), with the (the Commission) opened its doors in assistance of the United Nations Office of October 2007. the High Commissioner for Human Rights (OHCHR), assesses NHRIs for compliance In 2009 the Commission joined the family with the Paris Principles in order to of 66 ‘A’ status-accredited NHRIs around determine their accreditation status. the world, becoming Great Britain’s first Depending on the extent to which NHRIs accredited NHRI and the UK’s second – comply with the Paris Principles, they may joining the Northern Ireland Human be awarded ‘A’, ‘B’ or ‘C’. Only full Rights Institution which was awarded ‘A’ members (‘A’ status) of the international status in 2006. NHRI network may exercise voting rights in the ICC and full participation rights in international fora (for example, the UN Human Rights Council).
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In order to determine the Commission’s accreditation status, we were rigorously assessed according to a number of well- established criteria including: composition and guarantees of independence and pluralism; having a mandate and adequate staff and budget to effectively protect and promote human rights; and our work in the following areas: encouraging ratification of international human rights instruments engagement with the international human rights system, and cooperation with other NHRIs.
The ICC’s review of our work and structure found us to be compliant with the Paris Principles and it was a great honour to be awarded ‘A’ status in January 2009. In order to preserve this international recognition and trust, we continue to strive towards the highest international standards in fulfilling the functions expected of us as an ‘A’ status- accredited NHRI.
This publication marks the one-year anniversary of our accreditation and documents some of the achievements of the past year.
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3. Our vision of human rights and key achievements to date
Too often, human rights have been narrowly represented as pertaining only to matters of individual liberty. The Commission’s mandate – to promote equality, human rights and good relations – offers us the opportunity to talk about rights in entirely different terms, in line with the Universal Declaration of Human Rights and the values and standards that we are charged with promoting as a human rights institution.
Respect for human rights is essential to The Commission’s vision for human rights the functioning of an open democracy and in Britain is one in which: human rights principles provide a basis there is a dignified life for everyone from which to build and maintain a safer, more prosperous, cohesive society, with people’s freedom and opportunities to care and consideration for the dignity and achieve their life goals are progressively wellbeing of everyone at its heart. expanded and are unhindered by prejudice, discrimination or arbitrary Ultimately, it is the state which must restraint, and retain overall responsibility for respecting, human rights are recognised as values protecting and promoting human rights. we share with one another, as well as However, the Commission believes that rights we claim for ourselves, helping to for human rights to become truly build a more cohesive, civilised and fair embedded, we must inculcate a sense of society. common ownership and responsibility for human rights across the public and private sectors, the media, civil society and its institutions.
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We have routinely used our legal powers participated in every session of the ICC, and legislative mandate to help achieve the UN European regional human this change. The promotion and protection rights meeting, the Durban Review of human rights is at the core of the Conference, the EU Fundamental Commission’s vision and underpins our Rights Conference and several EU equality and good relations work. Fundamental Rights Agency (FRA) conferences and events Our accreditation as an ‘A’ status NHRI have been selected to chair the provides added impetus for our human European Group of NHRIs (the rights work and our engagement with the ‘Eurogroup’) working group on CRPD, international human rights system is a and critical part of this work. intervened in 10 international human We are proud of our achievements in the rights cases at the ECtHR. international domain. Since our accreditation, we: The Paris Principles detail the roles and responsibilities of NHRIs. The remainder have engaged with the UN Treaty of this report will outline in more detail Bodies each time the UK has been how we have been fulfilling the examined under its international requirements of our accreditation. obligations – submitting four shadow reports to date and attending all state examinations have participated in every session of the Human Rights Council (HRC): since our accreditation we have submitted two written statements, made one oral submission, and organised a side event were one of only a handful of NHRIs present at the first meeting of the newest UN Treaty Body with responsibility for the UN Convention on the Rights of Persons with Disabilities (CRPD), where we delivered an oral statement, and at the Conference of State Parties for CRPD, where we spoke at the ICC side event
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4. Fulfilling the Paris Principles
The Paris Principles can be found in full in the Appendix. We have annotated the list of functions of NHRIs specified in Principle 3 below and detailed our work in each of these areas:
3. A national institution shall, responsibilities in a Bill of Rights. Since inter alia, have the following the general election in May 2010, the new responsibilities: coalition government has indicated that it (a) Submitting opinions, will establish an independent Commission recommendations, proposals and to investigate the creation of a British Bill reports on any matters concerning of Rights that incorporates and builds on the promotion and protection of all our obligations under the European human rights, including with Convention on Human Rights. respect to: The Commission aims to play a pivotal (i) Legislative or administrative role in the debate about a Bill of Rights provisions: the national institution for the UK. In response to the previous shall examine the legislation and government's consultation, the administrative provisions in force, Commission produced two reports: a as well as bills and proposals, and detailed submission on the contents of a shall make such recommendations Bill of Rights to build on the Human as it deems appropriate in order to Rights Act, and a research report on the ensure that these provisions process for developing any Bill of Rights. conform to the fundamental The Commission also developed a set of principles of human rights key principles. We believe they are essential in developing a Bill of Rights that Bill of Rights will ensure both comprehensive protection The previous government consulted with of the human rights of all and a greater the public on the creation of a Bill of understanding and ownership of human Rights for the United Kingdom, with the rights throughout society. hope of enshrining human rights into British law in a way that builds on the Principle 1: The Human Rights Act is existing Human Rights Act. Consideration essential for the protection of human was given as to whether there should be rights in the UK and should be retained. further rights or reference to Any Bill of Rights should build on the 13 Human Rights Report
Human Rights Act. Any Bill of Rights that where issues under the equality replaces the Human Rights Act should not enactments are raised as well, as in a case be brought into force until and unless it we supported relating to national security contains at least the same levels of which raised issues of both racial protection of rights and mechanisms discrimination and the right to a fair trial. under the Human Rights Act, and complies with obligations under The Commission seeks to intervene only in international treaties. strategic cases where there are issues which are of wide public importance or Principle 2: The government and any concern the interpretation of equality future government should ensure that the and/or human rights enactments. In process of developing any Bill of Rights intervening, the Commission brings an involves and includes all sectors of society, independent view and expertise to the creates a feeling of ownership in society as proceedings. a whole, and is adequately resourced and the consultation conducted by an Our most notable human rights independent body. interventions in the domestic courts in 2009 have been: Principle 3: In any Bill of Rights process, R(B) v Director of Public Prosecutions the government should actively promote [2009] EWHC 106 – a case challenging understanding of the Human Rights the decision to discontinue a Act/European Convention on Human prosecution of an assault on the basis Rights and the rights they protect, as well that the victim’s reliability as a witness as countering any misconceptions. was undermined by his mental health. The court found that the victim’s Principle 4: The Commission will use human rights had been breached. the results and recommendations from its Human Rights Inquiry to inform its Oxfordshire Assistant Deputy Coroner response to any Bill of Rights and further and Secretary of State for Defence v R develop the current human rights (Catherine Smith) [2009] EWCA Civ framework. 441 – the court found that British servicemen and women were protected (ii) Any situation of violation of by the European Convention while human rights serving in Iraq whether they were physically on the armed forces base or Using our legal powers not. The majority of the human rights cases the Weaver v London and Quadrant Commission has been involved in have Housing [2009] EWCA Civ 587 – a case been third-party interventions. The which resolved the question of whether Commission does not currently have the housing associations (Registered Social power to fund claims or represent Landlords) are hybrid public authorities claimants in litigation which raises only and therefore subject to obligations human rights issues – though it can do so under the Human Rights Act.
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(iii) Reports on the national situation The key findings of the Inquiry were that: with regard to human rights in the overwhelming majority of British general, and on more specific matters people (84% according to a poll by Ipsos MORI) support legislation Our Human Rights Inquiry protecting their human rights, and Under section 16 of the Equality Act 2006, where a human rights approach is the Commission may conduct inquiries incorporated into public services both into human rights issues. This may involve users and providers benefit (a number inquiries into particular issues or sectors of case studies, from health trusts to where concerns relating to human rights primary schools, illustrated this). exist. The Commission made use of these powers in its first year, conducting the The report made extensive nation’s first ever Human Rights Inquiry, recommendations and findings, the core illustrating the general state of human of which involved the need to change rights in Great Britain. perceptions to ensure the public understands that human rights: The Commission Chair Trevor Phillips described the rationale for conducting a empower individuals when dealing with Human Rights Inquiry as follows: public bodies have a real impact on people’s everyday ‘We wanted to get past the hubbub of lives, and media rhetoric, in which the supporters and opponents of human rights shout encourage participation by service users loudly from the margins, to uncover the in service planning and delivery. facts about what the people of Britain The Inquiry is a crucial part of the really think about human rights and Commission’s strategy on human rights, how the Human Rights Act has made a and the formal legal process of carrying a genuine difference in the day-to-day statutory inquiry ensured that our human lives of many.’ rights work is appropriately focused, The Inquiry was launched in April 2008 authoritative and evidence-based. It also and was chaired by Dame Nuala O’Loan. provided the Commission with the In total 2,855 individuals provided opportunity to engage with a wide range of evidence to the inquiry and we also participants; and to offer an evidence- collected evidence from many sources based output to the public. including: the voluntary and community sectors, central and local government, politicians, the NHS and other public sector bodies, advice agencies, the media, and regulators, ombudsmen and inspectorates.
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Our Human Rights Strategy to measure the performance of Having developed a baseline picture of government, public, private and human rights in Great Britain and voluntary sector organisations in identified the barriers that public bodies protecting and promoting human face in implementing a human rights- rights. based approach to their policy-making, the Holding accountable government, Commission has developed a three-year public bodies and other strategy on human rights. Linking human institutions for their performance rights into our broader Strategic Plan, it on protecting and promoting sets out how we plan to make a society human rights that supports and respects a culture of Our objective: To build a stronger human rights a reality. framework of ‘top down’ and ‘bottom up’ accountability for government, Our human rights strategic aims are: public authorities and others Promoting awareness, concerning their performance on understanding and respect for human rights. human rights domestically and Intervening to protect and internationally promote human rights, using our Our objective: To ensure widespread legal powers awareness and accurate understanding Our objective: Acting as custodians of of human rights among those with human rights, to ensure that human rights or responsibilities, their advisers rights are protected and promoted, and advocates, and across the political including through challenging breaches spectrum and the media. and influencing the development of law. Translating human rights Advising government on the principles into the everyday effectiveness of existing or practice and behaviours of public, proposed human rights law, and private and voluntary institutions on the compatibility of wider Our objective: To ensure public, policy or legislative proposals private and voluntary institutions have with human rights access to practical, sector-specific Our objective: To ensure there is no advice on how to translate human regression from the levels of human rights law and principles into everyday rights protection and mechanisms for policy, practices and behaviours. enforcement under the Human Rights Measuring compliance with Act and to ensure the compatibility of existing domestic human rights future policy and legislative proposals law and progress towards with human rights law and principles. implementation of non-justiciable Developing the Commission’s human rights, including social, capabilities as a National Human economic and cultural rights Rights Institution Our objective: To establish credible Our objective: The Commission and influential methodologies by which wishes to become an internationally 17 18 www.equalityhumanrights.com
recognised centre of excellence with Inquiry into Sex Discrimination in respect to its status as a National the Finance Sector Human Rights Institution. When the Equal Pay Act was introduced 40 years ago, it heralded a new era in (iv) Drawing the attention of the equality. However, four decades on, a Government to situations where gender pay gap still persists across the human rights are violated and economy. In the finance sector, despite making proposals for initiatives to women and men making up equal put an end to such situations proportions of the finance workforce, women earn significantly less on average Meat Processing Sector Inquiry than their male colleagues. The Commission carried out an Inquiry, using our powers under Section 16 of the The Commission used its inquiry powers to Equality Act 2006, to examine how people investigate the extent of the gender pay gap working in the meat and poultry within the finance sector, the causes and processing industry are recruited, and how potential solutions. The first part of this they are treated once they are at work. Inquiry revealed that women in the finance This helped us to identify practices that sector working full-time earned up to 55 inhibit equality and damage relations per cent less annual average gross salary between different nationalities and types than their male colleagues. This compared of worker, and barriers that prevent to the economy-wide gender pay gap of 28 progress. It also allowed us to make per cent. recommendations to overcome these The next phase took a detailed look into issues by drawing on current good practice the pay, policies and practices of 44 in the industry. organisations employing the equivalent to 22.6 per cent of the workforce in the We looked at employment and sector. This revealed that bonuses are a recruitment issues related to all stages of significant factor behind the gender pay meat and poultry processing and gap within the organisations with men packaging activity prior to delivery to receiving five times the performance pay retail outlets but excluding the slaughter of women, an average of £14,554 in annual and initial preparation of red meat. performance related pay compared to the female average of £2,875 (based on full- The Inquiry revealed evidence of the time equivalent earnings). widespread mistreatment and exploitation of migrant and agency workers in the Significantly, our Inquiry found that no sector, and made recommendations to the improvements appear to have been made. key bodies – supermarkets, agencies, Responses to our questionnaire showed processing firms, government, regulators that women in new jobs were still on and unions – which we believe will average receiving lower salaries than men. encourage a systemic change in behaviour. The high proportion of workers in the 25– 39 age group – the age at which employees tend to have children – also makes it harder for women to have a viable career in the sector that balances family life. 19 Human Rights Report
The Inquiry report highlights how a lack of Launching the Inquiry Baroness Helena transparency over pay and working Kennedy QC said: conditions, direct discrimination, long ‘Human trafficking is recognised as a working hours and the difficulties faced by grave abuse of human rights, involving those with caring responsibilities all coercion and deception. It entails ongoing contribute towards the significant exploitation and its victims suffer untold difference between what men and women misery. This Inquiry is about making a earn. reality of people’s human rights and serving those whose rights have been There were examples of good practice in violated. We will consider whether some of the organisations, among them recommendations on prevention, one employer reporting that they made prohibition, prosecution and protection data on average bonus payments by are necessary and ensure human rights gender available to employees. are at the centre of Scotland’s anti- trafficking policy and practice.’ Scotland Trafficking Inquiry The Equality and Human Rights The Inquiry will aim to be completed by summer 2011. Once it has reached a Commission’s Scotland office has conclusion, a full report of the launched an in-depth Inquiry into human Commission’s findings, and any trafficking in Scotland with a particular recommendations, will be published. focus on commercial sexual exploitation. (b) To promote the international The Inquiry is being led by Baroness human rights instruments to which Helena Kennedy QC and will seek to the State is a party, and their identify the nature, extent and causes of effective implementation human trafficking in Scotland. It will also assess to what extent Scotland is meeting Reception – 60 years of the international and domestic human rights Universal Declaration obligations to prevent and prohibit To mark the 60th anniversary of the UN trafficking, prosecute traffickers and Universal Declaration of Human Rights in protect its victims. the UK, the Commission brought together The Inquiry will gather material on public figures, human rights activists, non-governmental organisations (NGOs) trafficking in Scotland from broad sources and ambassadors and diplomatic staff at a and will take evidence from victims of celebratory reception in London in abuse, experts and those with December 2008. The event was headlined responsibility for combating trafficking. by the Prime Minister, Gordon Brown, who spoke about the importance of human rights and the progress that has been made on securing those rights since the signing of the declaration on 10 December 1948. The Prime Minister’s speech was followed by a speech from Rt Hon Michael Wills, Minister of State for Constitutional Renewal at the Ministry of Justice. 20 www.equalityhumanrights.com
United Nations Human Rights indicators which enables us to monitor UK Treaties compliance with core treaty obligations in a The UK has ratified seven of the UN’s simple and easily accessible manner. It is international human rights treaties. These deliberately restricted to obligations which are: are the minimum requirements of treaty monitoring best practice, and questions International Convention on the which can have a clear yes/no answer (for Elimination of All Forms of Racial example, have the reservations to the treaty Discrimination (CERD) 1965, UK: 1969. been lifted; was the state report submitted International Covenant on Civil and on time?). Political Rights (ICCPR) 1966, UK: 1976. More subjective issues and in-depth International Covenant on Economic, analysis of progress towards full realisation Social and Cultural Rights (ICESCR) of the rights in each treaty are addressed in 1966, UK: 1976. our shadow reports. The scorecard will be Convention on the Elimination of All posted on our website in the coming year Forms of Discrimination against and will serve as a valuable resource for Women (CEDAW) 1979, UK: 1986. government, NGOs and the public alike. Convention Against Torture and Other Cruel, Inhuman or Degrading The Commission has set up internal Treatment (CAT) 1984, UK: 1988. working groups for each of the treaties to ensure that our work is not confined to Convention on the Rights of the Child submitting shadow reports at periodic (CRC) 1989, UK: 1991. intervals, and rather that the treaties Convention on the Rights of Persons become a core part of our human rights with Disabilities and its Optional work in order to ensure that we use every Protocol (CRPD) 2008, UK: 2009. possible opportunity to promote and use the treaties and the optional protocols. State compliance under each treaty is Here we provide a brief overview of project monitored by a UN treaty body, which work relating to each treaty. Further detail examines states on a periodic basis to about our work on those treaties which the monitor their implementation of the UK has been examined on since our provisions of the relevant treaty and to inception is given in section d) on page 27. make recommendations (known as ‘concluding observations’). NHRIs and CERD NGOs are encouraged to submit reports to The UK was due to submit its next periodic the UN treaty bodies to assist them with report to the CERD treaty body in 2006. In their examinations of the state party. August 2009 the Commission formally wrote to the Department for Communities In order to monitor the UK’s compliance and Local Government expressing its with its obligations under the human concern about the lateness of the report rights treaties, the Commission has and urging the government to comply with developed a scorecard to track the its CERD treaty obligations. government’s performance across all UN treaties. The scorecard contains a set of
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Prompted by this, the government government should, as a priority, accede circulated a draft state report for to the Optional Protocol to the convention consultation and the Commission supplied to allow for individual petition. extensive oral and written comments on the report. We highlighted the need for a Looking forward, we will be engaging with greater racial dimension to the state report the Ministry of Justice, as the UK with specific data on the impact of policies government department charged with and initiatives on race equality rather than coordinating periodic reports and follow- just a general descriptive narrative. The up work on the ICCPR, as well as officials state report was finally submitted to the from the devolved institutions in Scotland UN in March 2010. and Wales, with the aim of UK and devolved government developing ICCPR In terms of compiling our own shadow action plans, setting out clearly the steps report for the UN, we have set up a CERD which will be taken to follow up on advisory group consisting of Equality and previous concluding observations. We will Human Rights Commissioners and also continue to consider the UK’s leading external UK experts on race obligations under the treaty in relation to equality from the public and private ongoing debates on, for example, a British sectors and the media to help inform the Bill of Rights, DNA retention and use of content of our report. Subject to the UN scanner technology at airports. examination being scheduled in 2010, we plan to present our views to the CERD ICESCR treaty body and attend the state Following the UK examination in May examination. 2009, the ICESCR treaty body issued its Concluding Observations. We were ICCPR delighted to see the impact our The UK was examined on its sixth periodic submissions to the treaty body had on the report on the ICCPR in July 2008. Among eventual recommendations, many of the Human Rights Committee’s which were based on evidence and concluding observations were suggestions we had submitted. These recommendations on the return of included the recommendations that the individuals suspected of terrorism to proposed Equality Act provide countries where they could be in danger of comprehensive protection from torture or cruel, inhuman or degrading discrimination; that the government treatment; stop and search powers under should take further steps to reduce the the Terrorism Act 2000; detention policy gender pay gap taking into consideration in relation to asylum seekers, particularly the Commission’s Finance Sector Inquiry; children; the definition of anti-social that the government introduce more behaviour and the use of ASBOs, again flexible working taking into consideration particularly in relation to children; the use the Commission’s Working Better Report; of Control Orders under the Prevention of and that pension reforms are sufficiently Terrorism Act 2005; and the conduct of flexible to eliminate adverse effects on UK service personnel overseas. The disadvantaged groups. Committee also made clear that the UK
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The Commission is following up on the In our Human Rights Strategy we set Concluding Observations, calling on the ourselves the goal of creating and government to develop an action plan with promoting widespread awareness and specific targets and milestones on the accurate understanding of human rights at recommendations, and to improve all levels of society, including how they can awareness of the rights in the Convention. be used by individuals and applied by Through our advocacy work on the public, private and voluntary proposed UK Bill of Rights, we are organisations. We have been working with drawing attention to the value of including stakeholders and partners to do this. In incorporation of socio-economic rights March 2009, the Commission co-hosted a into the debate. capacity-building conference with the Women’s Resource Centre for the CEDAW women’s NGO sector to raise awareness of The Commission integrates the rights and CEDAW and how to engage with UN principles expounded by CEDAW in all processes. There were a range of expert our work on gender equality and human speakers on the day and the event rights. For example, our Map of Gaps attracted over 100 delegates from all over study in 2009 identified significant gaps in Great Britain. In November we ran a well- the provision of services to help women attended workshop at Womankind and escape and recover from violence and One World Action’s international CEDAW abuse. As part of the legal enforcement conference on the Commission’s role as a dimension of the project, in November national human rights institution and our 2009 we issued compliance notices to perspective on CEDAW. three local authorities who failed to publish Gender Equality Schemes in During the next 12 months, we plan to compliance with their legal obligations. undertake an audit of Great Britain’s The purpose of a Gender Equality Scheme progress on CEDAW. We aim to look at is to ensure that public authorities have an each article of the convention, focusing in-built mechanism by which they particularly on the Concluding consistently and thoroughly consider the Observations made by the committee, in need to eliminate unlawful discrimination order to measure where progress is being and harassment and promote equality of made and where more work might be opportunity between men and women. needed. We are also keen to see greater This applies across their employment use of the CEDAW Optional Protocol practices and the delivery of their services, which the UK has now ratified and we are including the extent of the need for the monitoring cases to identify any where provision of specialist services such as using the Protocol might be an option. We domestic violence and rape crisis centres will issue guidance on how to use the for women who have experienced violence. Optional Protocol to promote greater understanding among the womens’ and legal sectors and the general public.
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CAT with our stakeholders, not only for their The UK government was due to submit its valuable input into our report, but also to last state report to the Convention Against encourage and assist them in submitting Torture (CAT) treaty body in 2008. The reports of their own. Finally, we will Commission has expressed concern that attend the UK examination itself and meet the state report is overdue and has with the Committee prior to the repeatedly asked government officials for examination to present the main issues of updates on when the report will be concern. submitted. We have written formally CRC several times to the government to remind them of their obligations under the treaty. This year, CRC celebrated its 20th anniversary. To celebrate this special The Commission’s concerns about occasion, the Commission invited a group compliance with the treaty range from of young people from our youth projects, issues about degrading treatment of the including the Our Space summer camps elderly and others in residential care, of and the Young Brits at Art competition, to children detained in immigration removal present their views of the convention to centres for unreasonably long times and staff. At the staff seminars, young people for uncertain reasons, and of the spoke about how their involvement in the conditions faced by some prisoners, Commission’s youth projects helped them particularly those with disabilities. become equality and human rights leaders in their schools and communities. We are also particularly concerned about the reliance on diplomatic assurances and Inspired by their right to have their views memoranda of understanding in the and opinions heard, as embodied by the deportation of suspects to countries where CRC, these young people spoke eloquently there is a real risk of torture, allegations about the importance of the convention concerning the conduct of UK troops in and their personal experiences of Iraq and the widespread recent allegations promoting fairness and respect to their of complicity by UK security services and peers and local communities. armed services personnel in interrogational torture associated with the Sixteen-year-old Azhar Hussein told ‘war on terror’. In August 2009 and Commission staff: February 2010, our Chair wrote to the ‘Equality is an issue that is a work in Secretary of State for Justice in respect of progress. There will always be some the latter. This work is continuing, while form of inequality and it’s up to us as we await submission of the state report to human beings to do what’s morally CAT. right and break barriers to help others ... Human rights helps everyone to Once the state report is submitted, the support each other and outline the basic Commission intends to submit a needs that everyone has a right to.’ comprehensive shadow report to the Committee detailing our outstanding concerns at that stage. We will also engage
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CRPD At an event held jointly by the four CRPD is the most recent convention to commissions in the Houses of Parliament which the UK has signed up and the to mark UK ratification of CRPD, then Commission has been very actively Equality and Human Rights involved in engaging with the convention Commissioner Baroness Jane Campbell right from the start. The Equality and said: Human Rights Commission, the Scottish ‘Ratification of the disability Human Rights Commission (SHRC), the Convention is an important and historic Northern Ireland Human Rights milestone, but we cannot allow the Commission (NIHRC) and the Equality Convention to now sit on a shelf Commission for Northern Ireland (ECNI) gathering dust. The Convention will have together been designated under the only have meaning to disabled people in convention as the component parts of the what Eleanor Roosevelt famously UK’s ‘independent mechanism’ and are referred to as “those small places, close tasked with promoting and monitoring the to home”. That is why we want to see UK and devolved governments’ the Convention guiding future implementation of it. legislative and policy development in all the UK jurisdictions, and we want to see Many of the rights in the CRPD covering the withdrawal of the reservations that health, education, housing and the UK has declared on ratification.’ participation are still not fully protected in UK law. Evidence gathered by the The Commission is undertaking a number Commission shows that many disabled of specific actions to promote and monitor people continue to experience restricted implementation of the CRPD including: opportunities: Producing guidance for disabled people People with learning disabilities face and disabled people’s organisations serious barriers to accessing healthcare, about what the Convention can mean to in some cases resulting in deaths which individuals. could have been avoided. Working with legal professionals and Many disabled people are subjected to legal advisers to increase awareness and violence and hostility on a daily basis use of the Convention. which prevents them from actively Hosting events for disabled people and participating in society. their organisations to increase More than one third of disabled adults understanding of the CRPD and of working age live in poverty, with over developing ways we can work together half not in paid employment. to implement it in Britain. In Wales, the At age 16 disabled people are twice as International Day of Disabled People likely not to be in any form of was marked with conferences hosted by employment, education or training. the Commission in Swansea and Disabled people aged 16–24 are also Llandudno to raise awareness of the twice as likely as their peers to have no Convention. formal qualifications.
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Actively consider using our Inquiry relationships with the Chair and members powers to assess Britain’s compliance of the Committee and the Secretariat. A with and progress towards UN report on the implementation of the implementation of the CRPD. convention singled out the Commission as a leading example of how the independent (c) To encourage ratification of the mechanism outlined in the Convention above-mentioned instruments or should work. accession to those instruments, and to ensure their implementation (d) To contribute to the reports which States are required to submit The Commission worked to influence the to United Nations bodies and prompt ratification of the CRPD, including committees pursuant to their treaty issuing a position statement from the obligations Disability Committee to urge UK government to ratify at the earliest Since the Commission started work in opportunity. October 2007, the UK has been examined by the UN under the following four The Commission had two rounds of treaties: correspondence with cabinet ministers CEDAW: UK examined July 2008 about the issue of reservations to the Convention. In January 2009, and again ICCPR: UK examined July 2008 in March 2009, Equality and Human CRC: UK examined September 2008 Rights Commissioner Baroness Jane ICESCR: UK examined May 2009 Campbell wrote to the four cabinet ministers presiding over the departments In each case, the Commission submitted a seeking reservations and declarations, to shadow report to the UN, coordinated ask that they set out the detail of their with civil society and other stakeholders, proposals and the underpinning rationale. and briefed the relevant UN Treaty Body. Since then we have been undertaking work As a result of repeated calls by the to promote the Concluding Observations Commission for the UK to ratify without issued by the Treaty Bodies. reservations, each government department entering reservations to the CRC Convention has agreed to review the This important convention has not yet reservations annually to see whether they been fully incorporated into British law can be lifted. and our report called on the government to fully implement CRC by ratifying all In the international arena, the protocols. We called for an end to Commission has been equally active. We reservations on the involvement of were the first NHRI to attend and speak at children in armed conflict, ratification of the inaugural session of the UN CRPD the protocol on the sale and prostitution of committee, we presented at the ICC side children, and removal of reservations event at the Conference of State Parties, regarding children subject to immigration and we have established good controls.
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Other concerns highlighted in our report action plan on violence against women were: and progress being made on the gender that ‘the best interests of the child’ is equality duty through the Equality Act. not always at the heart of policy-making ICCPR the lack of advocacy for children Our shadow report detailed a number of that punitive rather than rehabilititative concerns relating to the enjoyment of civil approaches to offending or bad and political rights in Britain and made behaviour are being increasing adopted, recommendations for change. Concerns and raised included: that certain groups of children, for the need for the Equality Act to provide example black boys, Gypsy and a constitutional right to equality and Traveller children, asylum seeker coverage of multiple discrimination children and children in care, are not the possibility of a Bill of Rights which benefitting from the wealth and could in some way reduce the current opportunities that Britain has to offer. levels of protection provided by the CEDAW Human Rights Act The Commission submitted a shadow the proposals by the government to report to the CEDAW committee in 2008, extend possible pre-charge detention containing our views on the periods in counter-terrorism offences to implementation of CEDAW in Great 42 days Britain. We focused on: the treatment of disabled and older The Optional Protocol. people in health and social care, and The Gender Equality Duty in the public that the DNA database provisions may sector. infringe the right to privacy and have disproportionate impact on ethnic Violence against women. minorities. Employment and reconciliation of work The Commission attended the state and family life. examination in July 2009, meeting with Education and stereotypes. the Human Rights Committee and making a public statement to them on our key Women’s health. concerns. We also briefed the CEDAW committee The Commission’s submissions were and attended the state examination. Since welcomed by the Human Rights then, we have continued to engage with Committee and have been demonstrably the committee by, for instance, inviting influential. For example, the government and hosting one of the committee included a prohibition on multiple members to the UK to speak at our discrimination in the Equality Act; it has CEDAW conference in May 2009. We are dropped its proposals to extend pre- pleased to see our recommendations charge detention in counter-terrorism having some influence, with the UK offences to 42 days and it is proposing government since publishing a national changes to the law on DNA data retention. 28 www.equalityhumanrights.com
ICESCR United Nations: Human Rights The UK was examined on its obligations Council under the ICESCR in May 2009. The Our accreditation gives us speaking rights Commission produced a shadow report to at the UN Human Rights Council in the ICESCR committee in relation to the Geneva, as well as the ability to submit UK government’s performance under written statements and reports to the ICESCR and attended the state Council. Since our accreditation, we have examination as well as hosting a lunch for delivered an oral statement to the Council the committee the day before the on the human rights of women based on examination. the findings of our Map of Gaps work, and submitted a written statement and report Among the issues highlighted in the informing the Council of the findings of Commission’s shadow report were: our Human Rights Inquiry (HRI). Representation of ethnic minorities in public life. In September 2009, the Commission hosted its first side event at the Human Equal pay and career opportunities. Rights Council. Entitled ‘Putting People Welfare reform and employment First: The story of human rights in opportunities. Britain’, the focus of this event was to share the findings from our HRI and our Disabled persons and employment. experience in using the inquiry process to Violence against women. assess progress towards the effectiveness Poverty and social exclusion. and enjoyment of a human rights culture in Great Britain. Access to adequate and affordable housing. The event was moderated by Mr Gianni Magazzeni, Coordinator of the National We were pleased that a number of our Institutions and Regional Mechanisms concerns were reflected in the Section, Office of the High Commissioner Committee’s Concluding Observations and for Human Rights (OHCHR). The that specific reference was made to our Commission’s Group Director Legal John recommendations and reports such as the Wadham presented the HRI, key findings Finance Sector Inquiry and the Working and key learnings. Also speaking on the Better Report. HRI, the role of the Commission and next (e) To cooperate with the United steps were Katie Ghose, Director of the Nations and any other organization British Institute of Human Rights; Andrew in the United Nations system, the Dismore MP, Chair of the Joint regional institutions and the Committee on Human Rights, and Maarit national institutions of other Kohonen, Coordinator of the Human countries Rights and Economic and Social Issues Unit at the Research and Right to Development Division, OHCHR.
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This event allowed us to share our findings The Commission is also starting to play a from the HRI with the Human Rights key role in ensuring that human rights Council (HRC) and start a discussion judgments are properly and expeditiously about the barriers facing the implemented. Our efforts in this respect in mainstreaming of human rights in the UK 2009 have been targeted mainly at the and elsewhere. In the year ahead, we will government’s proposals in response to the be developing our position on HRC decision in S and Marper v the UK (in reform, looking at ways in which the which the court held that the UK’s Council’s ability to hold states to account indefinite retention policy in relation to can be strengthened. DNA samples constitutes an unjustified interference with their rights under Article European Court of Human Rights 8 ECHR), and on the government’s failure, (ECtHR) over four years since the ECtHR Grand In February 2009 the Commission Chamber decision, to implement any submitted its first intervention in a case legislative change to give effect to the before the ECtHR. That case concerned findings in Hirst (No.2) v the UK, a case the rights of parents with learning which established that the disabilities to have their interests properly disenfranchisement of prisoners violates represented in the UK courts in care their rights under Article 3 of the First proceedings. Since then we have applied Protocol, ECHR. for, and been granted, leave to intervene in nine other cases before the ECtHR We are now monitoring all judgments involving issues about housing, against the UK with a view to ensuring immigration, family law, employment that they are quickly and effectively issues, the right to a fair trial and other implemented. To assist civil society in matters including: engaging with the implementation monitoring that the Committee of Whether the concept of family life Ministers oversees, we held a seminar in under the European Convention on October 2009 entitled ‘Making Strasbourg Human Rights (ECHR) includes same- Work: The Execution of Judgments of the sex couples. European Court of Human Rights’, jointly Whether the ban on the use of intercept hosted with Matrix chambers and evidence in court should be lifted. featuring speakers from the Department for the Execution of Judgments, from non- Whether persons subject to governmental organisations (NGOs), and immigration control who wish to marry from the bar. outside the Church of England (whether in a civil or religious ceremony) should Moreover, we are active members of the be subject to requirements that those European Group of NHRIs working group who have a Church of England wedding on reform of the ECtHR and have played a are not. full part in the discussions at the Council Whether the protections of the Human of Europe relating to the reform agenda – Rights Act extend to the actions of UK an urgent process if the right of individual troops abroad. petition is to endure in the future.
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With other members of the European The ICC and Eurogroup of NHRIs group of NHRIs, we have attended The Commission became a full voting sessions of the Council of Europe member of the ICC in 2009 when we were Committee considering the reform granted our A status accreditation. We process, and have prepared briefing and share the UK seat on the ICC with the commented on the Council of Europe’s Northern Ireland Human Rights proposal for reform, which are due to be Commission. We are active members of discussed more fully at an the European Group of NHRIs and have intergovernmental conference in 2010, been asked to chair the Eurogroup’s which we shall also attend to make Working Group on CRPD. We will be representations. We have highlighted the looking at implementation of the need to take urgent action to reduce the Convention in Europe and sharing best number of violations of the Convention by practice among the participant NHRIs. States and that the right of individual application remains the cornerstone of (f) To assist in the formulation of reforms. programmes for the teaching of, and research into, human rights and to European Union take part in their execution in With the adoption of the Lisbon Treaty schools, universities and and the appointment of a new EU professional circles Commissioner for Justice, Fundamental Rights and Citizenship, the EU is Guardian roundtables becoming an increasingly important actor From October 2009 to March 2010, the in the human rights landscape of Europe. Commission undertook a major campaign We have commissioned advice on the to tackle misconceptions and barriers to implications of the Charter of the mainstreaming of a human-rights Fundamental Rights for the UK and approach across the public sector. We Europe in general and for the Commission partnered with The Guardian newspaper in particular, and we are running a series by hosting four sector-specific deliberative of internal training seminars for staff roundtable sessions with senior leaders about how to use the Charter. and champions in the education, health and social care, local government and The Commission sits on the board of criminal justice sectors. The goal of these Equinet – the European Network of events was to explore why human rights Equality Bodies and has a good working have not been effectively incorporated into relationship with the EU Fundamental public service delivery and identify the Rights Agency (FRA). In November 2009 most effective way of overcoming the we co-organised a workshop with FRA in obstacles individuals were facing. London on how NHRIs can use new media and digital technology to communicate These events were very effective at better, particularly with vulnerable engaging the participants in the human groups. rights agenda and illustrating the value of taking such an approach. This learning was then shared more broadly by the dissemination after the event of a write-up 31 Human Rights Report
of the discussions. Appearing in The training programmes. Through this work, Guardian’s Society section, the findings we will actively encourage a wider from the roundtables received national application of the human rights coverage. Following the roundtables, the framework in schools and more human Commission worked with The Guardian’s rights education of young people. Public section to develop a 32-page supplement entitled ‘Human Rights and Care pathways the Public Sector: Deconstructing the Working jointly with Macmillan Cancer, myths’, which explores further the benefits we are exploring the mechanisms and of a human rights-based approach in benefits of embedding equality and human public service delivery, including sections rights into cancer care pathways, through on myth-busting and case studies. working with three pilot cancer networks: Merseyside & Cheshire Cancer Network, The value of these sessions has been South East London Cancer Network and extensive. The Commission has been able Bury NHS. The goal of this work is to ‘test’ to gather information on how different how human rights principles can be used areas of the public sector perceive human in practice – both in the context of service rights and has received guidance on how user and staff experiences – and to assess to best reach them, while the publicity the real-life difference it makes in people’s after each event has ensured that positive lives. Due to report in spring 2010, this messages about human rights have been work is groundbreaking in the health disseminated in the national media. sector as it looks at the impact of taking a Schools human rights-based approach in an end- to-end treatment process. In the HRI, the Commission found evidence of the beneficial effects of a Social landlords human rights approach within schools. Recognising the vulnerability of Two particular schemes identified were individuals living in social housing, the UNICEF’s Rights Respecting Schools Commission intervened in the case of scheme and Hampshire County Council’s Weaver v London and Quadrant Housing Rights, Respect and Responsibility. An Trust ([2009] EWCA Civ 587). independent evaluation of the Hampshire Increasingly the government is using scheme reported positive outcomes, private bodies to carry out public including pupils being more respectful and functions in areas such as social housing, helpful to others, improved academic care homes and detention and deportation achievement and significantly reduced services. The Commission argued school exclusions. successfully that Registered Social In recognition of this success, and with the Landlords, who are providing these public goal of supporting schools to promote and functions, be treated as a public authority mainstream human rights, the and be subject to the Human Rights Act. Commission has committed to supporting This will require Social Landlords to the development of a whole school consider the proportionality and approach to human rights, including reasonableness of their actions by taking a supporting teachers through teacher- human rights approach. 32 www.equalityhumanrights.com
The case arose out of the attempted which called for sector-specific guidance eviction of Susan Weaver from a flat where about the benefits of a human rights she had lived as an assured tenant since approach. 1993. The London Quadrant Housing Trust alleged that Mrs Weaver had failed It is also exploring the application of the to pay her rent for eight weeks and sought human rights approach to the regulation an order to repossess her property. While of essential services such as water, the High Court found the Trust had not electricity and gas. In addition, it is breached her human rights, it did find that developing a number of different working its role in allocating, managing and arrangements with inspectorates and terminating social housing was a public regulators concerning equality and human function, making the Trust a public rights to assist all parties to conduct their authority for those purposes and so regulatory activities in a manner which is subject to obligations under the Human consistent, transparent, accountable and Rights Act. proportionate, focusing on service user experience and outcomes. This ruling benefits over two million homes and increases human rights Business and human rights protection for the tenants of registered The Commission is developing an exciting social landlords. The Commission will new programme of work on business and explore the possibility of developing a human rights, in recognition of the fact pilot project in relation to Registered that it has moved up the agenda in the UK Social Landlords by working with the and internationally. Tenant Services Authority, Chartered Institute of Housing and RSLs on the We presented written and oral evidence to implications of this decision. The the inquiry by the Joint Committee on Commission will work with them to Human Rights on business and human prepare guidance or support materials for rights and participated on the Ministry of the sector, as appropriate. Justice’s Private Sector and Human Rights Steering Group. We worked closely with Regulators and inspectorates the Ministry of Justice and Business in the The Commission co-chairs the Community on the launch of the MoJ’s Inspectorates and Regulators Forum on scoping report on the private sector and Human Rights with the Ministry of Justice human rights, and held an internal (MoJ), sharing good practice, ideas and strategy workshop facilitated by the issues across the regulatory spectrum and report’s authors. We participated in the developing further commitment and international conference in Geneva on the understanding among inspectorates and framework proposed by John Ruggie, the regulators regarding the value and UN Special Representative on Business practical application of the human rights and Human Rights, and will use these approach to regulatory activity, including findings to frame our own work with inspections and complaints-handling. It is British business. following up on the work undertaken with inspectorates and regulators in the HRI
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We have committed to: the framework is to inform analysis of Developing a strategy on the private priorities in consultation with experts and sector and human rights which takes other stakeholders for making future forward recent work from the Ministry progress in human rights, and also to of Justice, the Joint Committee on provide data against human rights Human Rights and the UN Special indicators to present to parliament in our Representative on Business and Human triennial report on the state of equality Rights. and human rights in Great Britain.
Encouraging and supporting a multi- (g) To publicize human rights and stakeholder dialogue on business and efforts to combat all forms of human rights in the UK with business, discrimination by increasing public civil society and government. awareness. Undertaking research on the key human rights issues on which UK Through the Equality Act 2006, the businesses have an impact. Commission has a specific responsibility to promote awareness and understanding Building business and public awareness of human rights in Great Britain. Section 9 of the key human rights issues in the of the Act reads: private sector. (1) The Commission shall, by exercising Holding a high-level summit on the the powers conferred by this Part: implementation of the work of the UN Special Representative on Business and (a) promote understanding of the Human Rights in the UK. importance of human rights (b) encourage good practice in relation to Human rights measurement human rights framework (c) promote awareness, understanding The Commission is building a and protection of human rights, and measurement framework that will define a (d) encourage public authorities to range of quantitative indicators to comply with section 6 of the Human measure the relative social outcomes of Rights Act 1998 (c. 42) (compliance our various strand groups across Great with Convention rights). Britain in relation to human rights, equality and good relations. The Following on from the findings of the HRI, framework of human rights indicators will which illustrated that many individuals help us to understand the state of human and organisations did not see the rights in Britain today and to establish relevance of human rights to their where progress is and is not being made. everyday lives, we aim to illustrate how We are keen to build on all the work that is respect for human rights and human currently being done in different countries rights principles can make a real, tangible around the world and at the international difference in service delivery, public sector level, to create an objective, empirical efficiency and, ultimately, people’s lives. framework to assess the realisation of human rights in the UK. The purpose of
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To this end, we have developed a robust Working with the media to encourage communications strategy to illustrate the more accurate reporting on human importance of human rights and the value rights issues and provide support to it adds to public sector service delivery; to increase their capacity in this area. tackle myths and misconceptions about Developing and disseminating good human rights; and to work with practice and guidance for the public parliamentarians and stakeholders to sector, advocates and individuals on defend and strengthen human rights using and applying human rights to protection. Our communications strategy their everyday lives. aims to: Promote awareness, understanding and We believe that it is through this respect for human rights among integrated approach to communications decision-makers, public service that we can actually effect change in the providers, the media and key segments perceptions of human rights across of the general public. society. Position the Commission as a leading and credible authority and source of information and guidance on human rights issues in Great Britain. Translate human rights principles into everyday practice and behaviours.
To achieve these aims, we are: Engaging with parliamentarians on human rights issues. Influencing the legislative agenda through the active promotion of human rights. Working closely with key stakeholders to develop and strengthen support and understanding of human rights in the voluntary sector. Engaging with key public sector representatives to build awareness and capacity of human rights as it relates to their work.
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5. Our work in Wales and Scotland
Wales Our HRI report was launched at the At our Human Rights Summit in June Senedd in Wales. The report was well 2008 we brought together service received by an audience of Assembly providers and users to find ways of placing Members and other decision-makers who dignity and respect at the heart of public undertook to reflect on the findings and services. adopt the learning within their own organisations. The Minister for Social In December 2008 we celebrated the 60th Justice and Local Government spoke and anniversary of the Universal Declaration welcomed the report. We launched the of Human Rights. We marked this report to a Welsh language audience at the occasion by challenging misconceptions of 2009 National Eisteddfod. human rights and by encouraging the Welsh public to understand their The Commission in Wales marked the importance in modern-day Wales. We International Day of Disabled People 2009 worked with philosopher Theodore Zeldin by hosting conferences in Swansea (on 2 when we hosted a Conversation Evening to December) and Llandudno (on 4 encourage people to talk more deeply December) to raise awareness of the UN about everyday issues. Guests had a ‘Menu Convention on the Rights of Persons with of Conversation’ to stimulate discussion Disabilities. These events allowed people about human rights. The event was to explore how the Convention can be used successfully advertised through social to make human rights an everyday reality. networks this brought us 150 new ‘friends’ Around 150 disabled people and groups who had never before been involved in a attended the conferences. Disability issues Commission event. in Wales are brought into sharp focus by statistics showing that: Our Human Writes project saw some of Just over a quarter of the adult Wales’ best-known writers, including population in Wales have impairments Rachel Trezise and Catrin Dafydd, writing or long-term limiting health conditions short stories setting out what human – a higher proportion than both rights mean to them. We used these England and Scotland. stories as a way of engaging Around 60 per cent of calls to the schoolchildren with human rights, Commission in Wales’ helpline are promoting our website and reaching new related to disability issues. audiences.
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Scotland Our inquiry powers will also be used to Scotland is unique in the UK in that it has undertake a Section 16 inquiry into human two NHRIs with a shared human rights trafficking in Scotland (see above). mandate, the Equality and Human Rights Finally, we have been active in engaging Commission and the Scottish Human with the devolved institutions in Scotland Rights Commission (SHRC). The two on human rights, including an event to organisations share facilities in our mark the 60th anniversary of the Universal Glasgow office, including the Scotland Declaration in the Scottish Parliament in Helpline. Broadly, the two commissions December 2008, and several appearances have responsibility in turn for the devolved to the parliament’s very active Cross-Party and reserved human rights agendas, and Group on Human Rights and Civil have a memorandum of understanding Liberties. setting out how this will work in practice. However, both organisations recognise that human rights cannot always be resolved along neat constitutional lines.
The two commissions have worked together in a range of settings, from joint fringes at party conferences to sharing platforms at stakeholder events, for example evidence-gathering to inform our response to the Scottish Government’s consultation on the scope and shape of the new specific equality duties.
We will also be working jointly with the SHRC in our shared role in Scotland as the ‘independent mechanism’ for the promotion and monitoring of the CRPD. The commissions co-hosted a stakeholder event in Glasgow in January and will be working together on any future inquiry work on compliance with the Convention.
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6. Future plans
While the Commission’s first year was Engagement on the international stage will dedicated to gaining authoritative evidence continue to be a core part of our human and understanding of the human rights rights work, alongside working with public landscape in Great Britain, in our second bodies to support and encourage them to year of operation we began to use the mainstream a human rights-based findings of the HRI to inform our work and approach into their planning and service strategy. As this report details, we have delivery. We will continue to intervene in accomplished a range of achievements in legal cases where we think adding our the domestic, European and international voice can strengthen human rights spheres. From gaining our international ‘A’ protections, and at the same time, status accreditation, to working to secure advocate for extending human rights human rights protection for armed forces protection in domestic law. We will work personnel serving overseas, we have set a with partners, stakeholders, the business mark for our work to come. We feel that community and the third sector to our future plans are ambitious and champion human rights in Great Britain, essential. helping to create communities where individuals are respected, opportunities are realised, dignity is universal and human rights are recognised, protected and defended.
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Appendix: Paris Principles relating to the status of national institutions
Paris Principles defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris 7–9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and General Assembly Resolution 48/134, 1993.
Competence and responsibilities rights; the national institution may 1. A national institution shall be vested decide to publicize them; these opinions, recommendations, with competence to promote and proposals and reports, as well as any protect human rights. prerogative of the national institution, 2. A national institution shall be given as shall relate to the following areas: broad a mandate as possible, which (i) Any legislative or administrative shall be clearly set forth in a provisions, as well as provisions constitutional or legislative text, relating to judicial organizations, specifying its composition and its intended to preserve and extend sphere of competence. the protection of human rights; in 3. A national institution shall, inter alia, that connection, the national have the following responsibilities: institution shall examine the (a) To submit to the Government, legislation and administrative Parliament and any other competent provisions in force, as well as bills body, on an advisory basis either at and proposals, and shall make the request of the authorities such recommendations as it concerned or through the exercise of deems appropriate in order to its power to hear a matter without ensure that these provisions higher referral, opinions, conform to the fundamental recommendations, proposals and principles of human rights; it reports on any matters concerning the shall, if necessary, recommend promotion and protection of human the adoption of new legislation, the amendment of legislation in 41 Human Rights Report
force and the adoption or institutions and the national amendment of administrative institutions of other countries that are measures; competent in the areas of the (ii) Any situation of violation of promotion and protection of human human rights which it decides to rights; take up; (f) To assist in the formulation of (iii) The preparation of reports on the programmes for the teaching of, and national situation with regard to research into, human rights and to human rights in general, and on take part in their execution in schools, more specific matters; universities and professional circles; (iv) Drawing the attention of the (g) To publicize human rights and efforts Government to situations in any to combat all forms of discrimination, part of the country where human in particular racial discrimination, by rights are violated and making increasing public awareness, proposals to it for initiatives to especially through information and put an end to such situations and, education and by making use of all where necessary, expressing an press organs. opinion on the positions and Composition and guarantees of reactions of the Government; independence and pluralism (b) To promote and ensure the 1. The composition of the national harmonization of national legislation institution and the appointment of its regulations and practices with the members, whether by means of an international human rights election or otherwise, shall be instruments to which the State is a established in accordance with a party, and their effective procedure which affords all necessary implementation; guarantees to ensure the pluralist (c) To encourage ratification of the representation of the social forces (of above-mentioned instruments or civilian society) involved in the accession to those instruments, and to promotion and protection of human ensure their implementation; rights, particularly by powers which (d) To contribute to the reports which will enable effective cooperation to be States are required to submit to established with, or through the United Nations bodies and presence of, representatives of: committees, and to regional (a) Non-governmental organizations institutions, pursuant to their treaty responsible for human rights and obligations and, where necessary, to efforts to combat racial express an opinion on the subject, discrimination, trade unions, with due respect for their concerned social and professional independence; organizations, for example, (e) To cooperate with the United Nations associations of lawyers, doctors, and any other organization in the journalists and eminent scientists; United Nations system, the regional
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(b) Trends in philosophical or religious (c) Address public opinion directly or thought; through any press organ, particularly (c) Universities and qualified experts; in order to publicize its opinions and recommendations; (d) Parliament; (d) Meet on a regular basis and whenever (e) Government departments (if these are necessary in the presence of all its included, their representatives should members after they have been duly participate in the deliberations only in convened; an advisory capacity). (e) Establish working groups from among 2. The national institution shall have an its members as necessary, and set up infrastructure which is suited to the local or regional sections to assist it in smooth conduct of its activities, in discharging its functions; particular adequate funding. The purpose of this funding should be to (f) Maintain consultation with the other enable it to have its own staff and bodies, whether jurisdictional or premises, in order to be independent otherwise, responsible for the of the Government and not be subject promotion and protection of human to financial control which might affect rights (in particular ombudsmen, its independence. mediators and similar institutions); 3. In order to ensure a stable mandate (g) In view of the fundamental role played for the members of the national by the non-governmental institution, without which there can organizations in expanding the work be no real independence, their of the national institutions, develop appointment shall be effected by an relations with the non-governmental official act which shall establish the organizations devoted to promoting specific duration of the mandate. This and protecting human rights, to mandate may be renewable, provided economic and social development, to that the pluralism of the institution’s combating racism, to protecting membership is ensured. particularly vulnerable groups (especially children, migrant workers, Methods of operation refugees, physically and mentally disabled persons) or to specialized Within the framework of its operation, the areas. national institution shall: (a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner; (b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
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Additional principles concerning the status of commissions with quasi- jurisdictional competence
A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles: (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality; (b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them; (c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law; (d) Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.
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© Equality and Human Rights Commission June 2010 ISBN 978 1 84206 275 3
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