Equality and Human Rights
Commission
Overview of the Morning
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EHRC – What we do
Human Rights Inquiry
Making sense of Human Rights
Table sessions
EHRC – a snapshot
• Great Britain’s first National Human Rights
Institution with UN ‘A’ status
• Our remit:
– Encourage good practice in relation to
human rights
– Promote awareness, understanding &
protection of human rights
– Monitor the effectiveness of laws
relating to human rights and compliance
with equality laws
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Nine teams for
nine regions
Human rights – the values
Fairness
Respect
Equality
Dignity
Autonomy
Equality is central to Human Rights, but not
the whole story....
Human Rights – the history
• Universal Declaration of Human Rights,
1948: first formal statement in modern era
 Think 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, 1998
 Bringing rights home
Human rights – the law
Human Rights Act 1998
• Almost identical to ECHR
• Can be used in courts in UK – don’t have
to go Strasbourg
• Legislation must be interpreted with the
HRA in mind
• Articles are absolute, limited or qualified
Absolute v non-absolute
• Absolute rights – can never be interfered
with
• Limited – can be engaged in certain
circumstances
• Qualified – can be balanced for the public
good
Human Rights Act 1998
Part I: The Convention
 Article 2: Right to life
 Article 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 trial
 Article 7: No punishment
without law
 Article 8: Right to respect for
private and family life
 Article 9: Freedom of thought,
conscience and religion
 Article 10: Freedom of
expression
 Article 11: Freedom of
assembly and association
 Article 12: Right to marry
 Article 14: Prohibition of
discrimination
 Part II, First Protocol
 Article 1: Protection of
property
 Article 2: Right to education
 Article 3: Right to free
elections
What does the Human Rights Act
mean for Public Authorities
• It makes it unlawful for public authorities to
act in a way that is incompatible with a
convention right
• Anyone who feels that a public authority has
acted incompatibly with their Convention
rights can raise this before an appropriate UK
court or tribunal
Taking Legal Action
• Only the ‘victim’ can take a case
• Action can only be taken against a public
authority
• Time limit is usually 12 months but depends
on the type of proceeding used
Our human rights work so far
• Policy:
Effective opposition to Government’s attempts to increase
the maximum period of detention without charge for terror
suspects to 42 days
– Used threat of legal action
• Cases:
– R (RJM) v Department for Work and Pensions
• Enforcement:
300 matters considered for enforcement action in our first
18 months.
– 80% of matters dealt with without need for formal
enforcement proceedings
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Human Rights Inquiry
• Purpose of the Inquiry
– Assess the state of human rights
– Consider a culture of human rights & its benefits to
individuals
– Focus on human rights approach in public service delivery
– Define a Human Rights Approach
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Findings: Barriers to
embedding a Human Rights
Approach
Negative and
sensationalist media
coverage
Lack of understanding
and mainstreaming in
policies and practices
Lack of political
leadership
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Best practice
• Health and social care
• Local authority services
• Education
• Criminal justice
• NGOs and voluntary organisations
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