Equality and Human Rights Commission

Angus Cleary, Regional Manager North West

EHRC – a snapshot

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

• Our remit:– Encourage good practice in relation to

human rights

– Promote awareness, understanding & protection of human rights

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

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Human rights – the values

FairnessRespectEqualityDignity

Autonomy

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

Human Rights - the Principles

• Basic standards of treatment - state must fulfil

• Covers the state’s relationship with individuals

• Human Rights are:»Everywhere»Automatic

Human Rights – the history

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

control over inhabitants• European Convention on Human Rights,

1950: making rights binding People can now call on and use rights in the courts

• Human Rights Act, 1998Bringing rights home

Human rights – the law

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

have to go Strasbourg• Legislation must be interpreted with

the HRA in mind• Articles are absolute, limited or

qualified

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

(inhuman or degrading treatment)

Article 4: Prohibition of slavery and forced labour

Article 5: Right to liberty and security

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

without lawArticle 8: Right to respect for

private and family lifeArticle 9: Freedom of thought,

conscience and religion

Article 10: Freedom of expression

Article 11: Freedom of assembly and association

Article 12: Right to marryArticle 14: Prohibition of

discrimination

Part II, First ProtocolArticle 1: Protection of

propertyArticle 2: Right to educationArticle 3: Right to free

elections

Absolute v non-absolute

• Absolute rights – can never be interfered with

• Limited – can be engaged in certain circumstances

• Qualified – can be balanced for the public good

• Procedural rights

Absolute v non-absolute

• Right to life• Right to be free from torture• Freedom of religion, thought and belief• Right to privacy• Right to liberty

Proportionality

If a qualified right is to be engaged, have to ask: is this

1. Lawful2. Legitimate3. Necessary4. Proportionate 

Don’t use a sledgehammer to crack a nut!

Article 2 – Right to Life

• Positive obligation to protect right to life

• Prohibition on taking life • Procedural Obligation – effective

procedural investigation.• Use of lethal force permitted• Doesn’t cover life before birth or

euthanasia • Doesn’t allow life saving treatment in

all circumstances

Article 2 - Example

• Do not resuscitate orders• Woman murdered by her abusive

husband – police didn’t answer her call

• Prisoner dies in custody, family wants an inquest

• Jason Smith case• Baby P case

Article 3 – Right to be free from torture and inhumane or degrading treatment• Inhuman Treatment – causing intense

physical and mental suffering• Degrading Treatment – fear, anguish,

inferiority capable of humiliating and debasing and possible breaking physical or moral resistance

• Absolute right

Article 3 - Examples

• Being left for long periods in waste• Starvation/malnutrition/dehydration• Neglect• Being left undressed in full view of

staff, patients, public• Forced/unnecessary medication

Article 8 – Right to Privacy• Covers private life, family life, home and

correspondence• a person’s right to have and to express an

identity;• the freedom to express one’s sexuality;• consenting to medical treatment;• having parental access and custody of

children;• the right to have and form social

relationships

Article 14 – Anti-discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

• I.e. Article 2 (right to life) was engaged because someone is disabled (article 14)

Article 14 - Examples

• DNR order given because patient is disabled or elderly

• Patient sectioned due to lack of translation services

• Law-abiding youth being moved on by police due to age

Raising Human Rights Cases - Who

• Only victims or potential victims• Must be actually and directly

affected, but don’t need to have suffered the consequences

• Potential victims must show real threat not theoretical possibility.

Raising Human Rights Cases - How• No specialist court – part of our legal

system• Claims are brought in appropriate court

of tribunal• Limitation period of one year – can be

extended by the court• Subject to other limitation periods, eg

3 months for judicial review

Remedies• Horses for Courses• Depends which court it’s in• Depends what the issue is• Can be:

– A declaration that the right was violated

– A declaration of incompatibility– Money (though damages tend not to

be high)– Injunction

Findings: Barriers to embedding a Human Rights Approach

Negative and sensationalist media

coverage

Lack of political leadership

Lack of understanding and mainstreaming in policies and practices

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Best practice

• Health and social careeg EHRC Home Care Inquiry

• Local authority services• Education• Criminal justice• NGOs and voluntary

organisations

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Best practice: Education

• Hampshire schools ‘Rights, Respect, Responsibility’ Initiative:

Human rights mainstreamed across school policy and curriculum

Drop in bullying

Drop in exclusions

Improvements in exam results.

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