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International Covenant on Economic, Social and Cultural Rights

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International Covenant on Economic, Social and Cultural Rights SUBMISSION TO THE UNITED NATIONS’ COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Parallel Report on the Sixth Periodic Report of the United Kingdom under the International Covenant on Economic, Social and Cultural Rights September 2015 Northern Ireland Human Rights Commission Temple Court, 39 North Street Belfast BT1 1NA Tel: +44 (0) 28 9024 3987 Fax: +44 (0) 28 9024 7844 Textphone: +44 (0) 28 9024 9066 SMS Text: +44 (0) 7786 202075 Email: [email protected] Contents Introduction ................................................................................................................................................ 11 Ratification of Optional Protocol ........................................................................................................... 11 Involvement of NI Executive in treaty reporting .................................................................................... 12 Northern Ireland Human Rights Commission ........................................................................................ 12 Constitutional and legal framework .......................................................................................................... 13 Incorporation of economic, social and cultural rights ............................................................................ 13 Human Rights Act and proposed repeal ....................................................................................... 13 Relationship of Human Rights Act to NI peace agreements .......................................................... 14 NI peace agreements and a 'Bill of Rights for NI'........................................................................... 15 Equality and non-discrimination legislation ........................................................................................... 16 Single equality bill ......................................................................................................................... 16 Gaps in NI discrimination legislation: gender, race, disability and age ......................................... 16 Intersectional multiple discrimination ........................................................................................... 17 Gender equality (Article 3) ......................................................................................................................... 18 Gender Equality Strategy ...................................................................................................................... 18 Accessible childcare .............................................................................................................................. 19 Equal pay for work of equal value ........................................................................................................ 21 Right to work (Article 6) ............................................................................................................................ 22 Persons with disabilities ...................................................................................................................... 22 National minimum wage, the new living wage and age thresholds .................................................... 24 Protection and assistance to the family (Article 10) ................................................................................ 25 Corporal punishment ............................................................................................................................ 25 Right to social security (Article 9) ............................................................................................................. 25 Welfare reform ..................................................................................................................................... 25 Carers and social security ..................................................................................................................... 28 Right to an adequate standard of living (Article 11) ................................................................................. 28 Tackling poverty and child poverty ........................................................................................................ 28 NI anti-poverty strategy and child poverty strategy ..................................................................... 29 The new living wage ....................................................................................................................... 31 Taxation as a tool to reduce poverty ............................................................................................. 32 Right to housing: Travellers .................................................................................................................. 34 Unauthorised Encampments (NI) Order 2005 .............................................................................. 35 Barriers to adequate site provision: planning permission and site licenses.................................. 36 Social Housing ....................................................................................................................................... 37 2 Publication of disaggregated data ................................................................................................ 38 Efforts to address inequality in North Belfast ................................................................................ 39 Equality impact assessments and the macro policy ...................................................................... 40 The Crisis Fund ....................................................................................................................................... 41 Asylum seekers and permission to work .............................................................................................. 42 Reductions in asylum financial support ................................................................................................ 43 The 28 day move-on period .................................................................................................................. 45 The Destitute Domestic Violence Rule ................................................................................................. 46 Right to the highest attainable standard of health (Article 12) ............................................................... 47 Domestic violence and violence against women ................................................................................. 47 Termination of pregnancy .................................................................................................................... 49 Access to healthcare for irregular migrants .......................................................................................... 50 Mental capacity ..................................................................................................................................... 52 Mental health ......................................................................................................................................53 Armed Forces Covenant ........................................................................................................................ 54 Healthcare in emergency departments ................................................................................................ 56 Health and social care system .............................................................................................................. 58 Eligibility to make blood donations ...................................................................................................... 59 Right to education (Article 13) ................................................................................................................... 61 Education and Traveller children .......................................................................................................... 61 Segregated education ............................................................................................................................ 62 Integrated education ..................................................................................................................... 62 Shared education ........................................................................................................................... 63 Special education needs and legislation ............................................................................................... 64 Education of children in custody ........................................................................................................... 66 Right to take part in cultural life (Article 15) ............................................................................................ 66 Regional and minority languages .......................................................................................................... 66 Stormont House Agreement and cultural rights ................................................................................... 69 3 Executive Summary The Northern Ireland Human Rights Commission (NIHRC) is one of the three A status National Human Rights Institutions in the United Kingdom (UK). In accordance with the Paris Principles, the NIHRC reviews the adequacy and effectiveness of measures undertaken by the UK Government and NI Executive to promote and protect human rights, specifically within Northern Ireland. With respect to the UK’s Sixth Periodic Report on compliance
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