Civil and political rights in Great Britain Executive summary March 2020 equalityhumanrights.com Civil and political rights in Great Britain This is an executive summary of the Equality and Human Rights Commission’s report to inform the UN Human Rights Committee’s forthcoming examination of the UK’s compliance with the International Covenant on Civil and Political Rights (ICCPR). The report covers England and Wales for all issues and Scotland for issues that are reserved to the UK Parliament. In the report, we focus on relevant The report contains 12 sections, developments and evidence since the covering the issues that we recommend UK’s last review in 2015 by the UN as priorities for the UN Human Rights Human Rights Committee, which is the Committee. The summary below sets body that oversees implementation of out our key concerns. the ICCPR. We indicate where progress The full report includes a list of our has been made and highlight the main recommendations to the UK and Welsh concerns or challenges of implementing Governments. Please visit our website the ICCPR. to read the full report, with references, To recognise the diversity of lived and a standalone list of experiences, and the importance of our recommendations. equality and non-discrimination to the full realisation of all ICCPR rights, we have included information about the experience of those sharing particular protected characteristics, including an analysis of multiple disadvantage, where evidence allowed. 2 Civil and political rights in Great Britain The UK’s departure from the EU has given rise to significant constitutional uncertainty, posing potential risks for the protection of human rights. 1. Enhancing the status of Certain ICCPR rights are not covered international human rights by the HRA, and some provisions in domestic law of the Equality Act 20103 (EA) that would provide greater protection of The UK’s departure from the EU has ICCPR rights are not in force. The UK given rise to significant constitutional Government has not yet ratified the uncertainty, posing potential risks Optional Protocol to the ICCPR, which for the protection of human rights. would allow individual complaints to In particular, the removal of the the UN Human Rights Committee, and EU Charter of Fundamental Rights maintains a number of reservations from domestic law through the EU against provisions of the ICCPR. Withdrawal Act1 may result in a loss or weakening of some rights protections. The UK Government’s ongoing commitment to the Human Rights Act 19982 (HRA) remains unclear amid recently announced plans to establish a Constitution, Democracy and Rights Commission. 3 Civil and political rights in Great Britain 2. Accountability for human There has not yet been a comprehensive rights violations and complicity independent investigation into by British military abroad allegations of torture or ill treatment of detainees held by other governments, The scale of abuse of Iraqi citizens in which UK security and intelligence by British service personnel, between agencies have been implicated, 2003 and 2009, remains unknown. including by means of complicity. The lack of an overarching inquiry The UK Government’s revised guidance into these allegations means that to intelligence officers and service potential systemic issues have not been personnel on the detention and investigated independently. Separately, interviewing of detainees overseas does we are also concerned by the UK not sufficiently address our concerns Government’s proposal to introduce regarding the obligation to cease a ‘statutory presumption’ against the engagement where there is a risk prosecution of current or former military of torture. personnel for alleged offences dating back more than 10 years. 4 Civil and political rights in Great Britain 3. Counter-terrorism measures Since 2016, there has been a rapid increase in the use of deprivation of Several aspects of UK counter-terrorism citizenship orders to deal with terrorist law and policy have the potential to suspects. There are insufficient violate the UK’s obligations under safeguards to ensure that citizenship ICCPR. We have grave concerns over deprivation will not render individuals the UK Government’s decision to expand stateless. The UK Government has police powers to question and detain also deviated from its usual practice individuals at airports and ports without of seeking diplomatic assurances over introducing a reasonable suspicion the use of the death penalty, when threshold. extending mutual legal assistance to There are also concerns that the the United States over the possible Prevent duty – which obliges certain prosecution of two British terrorist public bodies to report concerns about suspects in July 2018. people who may be at risk of being drawn into terrorism – is discriminatory and risks undermining freedom of speech, the right to private life and the right to manifest a religion. Although the UK Government announced a review of Prevent in January 2019, its scope and independence have been criticised. 5 Civil and political rights in Great Britain Police-recorded hate crime in England and Wales has increased year on year, and has more than doubled since 2012/13, with the majority racially motivated. 4. Equality and Racial disparity in the use of stop and non-discrimination search powers is pronounced, and has increased in recent years.7 Young Black Police-recorded hate crime in England African-Caribbean men are significantly and Wales has increased year on year, over-represented in the Metropolitan and has more than doubled since Police Service Gangs Matrix,8 a tool 2012/13,4 with the majority racially used to identify and risk-assess gang motivated.5 While the police have members in London. Research suggests improved their practices for recording that the police treat Gypsy, Roma and hate crimes, a recent inspection Traveller ethnicities as a ‘risk factor’. highlighted that inaccuracies in the Ethnic minority detainees are recording of data remain. A significant over-represented in the prison number of hate crime cases drop out population,9 and Black or Black British of the criminal justice process, and only ethnic groups are also more likely to 4% result in a successful conviction with be detained under the Mental Health a recorded uplift in the sentence.6 Act 1983 than people from White ethnic groups.10 6 Civil and political rights in Great Britain There has been a lack of comprehensive evidence and impact assessments to underpin decision-making and ensure that the reforms do not disproportionately disadvantage groups with protected characteristics, or undermine access to justice. 5. The right to an effective The UK’s procedure for identifying and remedy and fair trial determining statelessness suffers from a number of problems, including long We remain concerned that changes delays and the use of administrative to the civil legal aid regime in England detention without a defined time limit. and Wales have restricted access to Individuals applying to be recognised justice, including for people seeking as stateless have neither a right to free redress for human rights breaches, legal assistance nor a right to appeal with a disproportionately negative decisions at an immigration tribunal. impact on people sharing certain protected characteristics. The UK Government’s proposals to reform and modernise courts and tribunals in England and Wales may provide opportunities to improve access to justice. However, there has been a lack of comprehensive evidence and impact assessments to underpin decision-making and ensure that the reforms do not disproportionately disadvantage groups with protected characteristics, or undermine access to justice. 7 Civil and political rights in Great Britain 6. Right to life, freedom from The youth secure estate has seen a torture and ill treatment, rise in self-harm incidents, failures to and conditions in detention keep children in secure training centres and young offender institutions safe We have a range of concerns about from physical or sexual abuse, a lack conditions and treatment in adult of adequate time outside cells and the prisons in England and Wales including increasing use of segregation. There overcrowding, poor and insanitary has been a substantial rise in the use conditions, high imprisonment rates of restraint, including pain-inducing (particularly in Wales), a rise in levels restraint, and the UK Government’s of self-harm and assaults, the number review of the use of pain-inducing of deaths in custody, high levels of force restraint on young people in detention used on prisoners, and inadequate has yet to report. There is evidence pregnancy and maternity care and that Tasers and spit hoods are used mental health care. on children without adequate risk assessments. 8 Civil and political rights in Great Britain A number of measures have been There have, however, been a number put in place in England to improve of developments, including the patient safety in health and social care, introduction of the Mental Health Units including the creation of the Healthcare (Use of Force) Act 2018 in England.12 Safety Investigation Branch (HSIB) to In Wales, there have been reports of investigate patient safety incidents. oppressive and intimidating behaviour However, we are concerned about the by staff, with 48 uses of facedown inadequate number of investigations restraint in Wales in 2017/2018.13 the HSIB can take on annually. While We are concerned that UK Government the Health and Social Care (Quality and guidance on the use of force in schools Engagement) (Wales) Bill11 in Wales in England does not provide sufficient aims to strengthen processes for raising safeguards. In England, parents, and concerns, there is no requirement those acting ‘in loco parentis’, charged for NHS trusts in Wales to appoint a with the common assault of a child can Freedom to Speak Up Guardian and still rely on the common law defence there remains no independent body of ‘reasonable punishment’. Following to investigate patient safety incidents.