HRA Screening_ Museums service - Leicestershire County Council

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HUMAN RIGHTS ACT (HRA) 1998
CONSIDERATION OF IMPACT ON POLICY AND SERVICES
Name of department:
Title of policy* being assessed:
Name and role of the officers
completing this assessment:
Contact telephone number(s):
Date assessment completed:
Adults and Communities Department,
Communities and Wellbeing Service,
Leicestershire Museums Service
Carolyn Abel, Heritage Manager
0116 305 3468
16th July 2013
* NB ‘Policy and Services’ is taken as shorthand for policy, programme, project, strategy,
practice or service.
Please provide a brief description of the policy being reviewed:
The County Council’s museum provision is delivered through a network of 4 community
museums, 2 large visitor attractions and a collections resource centre. It provides access
to the collections, resources and heritage assets relating to Leicestershire’s past through
these venues, events, volunteering, learning provision to schools, universities and other
groups and works closely with vulnerable groups (e.g. adults with learning disabilities,
children with Special Educational Needs, people with dementia).
Whilst the there is no statutory requirement to provide museums, the local authority has a
statutory responsibility to care for the Scheduled Monument located at Snibston Discovery
Museum and duty of care for the collections which in holds in trust on behalf of the public.
Please also clarify whom this policy most directly affects, as that may not always be
clear from the title of the policy (and bear in mind that a policy also may have a
disproportionate impact on a particular social group because that group has needs which are
distinct from the general population)
Residents of Leicestershire
People who work or visit Leicestershire
People who were once residents of Leicestershire and whose information may appear in
the records associated with the museum collections
When assessing the human rights impact of a policy it is important to look not only at what
the intention of the policy is, but also its outcomes (or likely outcomes) – both direct and
indirect. Using the HRA Guidance Document of 1st May 2013, indicate with a tick in the
table below whether or not any of the following Articles apply to the above-named policy.
(Some Articles may not be relevant, and you may also find it helpful referring back to the
guidance notes on Article 14).
Part 1: The Convention – Rights and Freedoms
Article 2:
Article 3:
Article 4:
Article 5:
Article 6:
Article 7:
Article 8:
Right to life
Prohibition of torture, inhuman or degrading treatment
Prohibition of slavery/forced labour
Right to liberty and security of person
Right to a fair trial (applies to criminal and civil issues)
No punishment without law
Right to respect for private and family life
APPLIES
N/A
N/A
N/A
N/A
N/A
N/A
N/A
APPLIES
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 (linked to convention rights)
APPLIES
APPLIES
Part 2: The First Protocol
APPLIES
Article 1: Protection of property/peaceful enjoyment
Article 2: Right to education and out-of-school children
Article 3: Right to free elections
APPLIES
N/A
N/A
APPLIES
N/A
N/A
N/A
Please state whether there are any current references in the policy (providing the text or a
brief summary) and to which Article(s) the references apply:
Article(s)
8, 9, 10,
14
2
Current HRA references contained in relevant documents
Part 1
There are no current references /statements
Part 2
There are no current references /statements
Please state why you consider that any particular Article does or may apply to the abovenamed policy:
Article(s)
8
9
10
14
2
Reasons for applicability
Part 1
Right to respect for private and family life: may be affected if personal
information is disclosed to third parties without appropriate checks. May be
affected if the acquisition/ display of museum objects does not give
consideration to diverse communities/ family arrangements
Freedom of thought, conscience and religion: may be affected if the
acquisition/ display of museum objects, provision of events and learning
resources does not reflect the diversity of communities and provide access to
a range of thoughts and ideas. May be affected if recruitment policies to not
adhere to equality of opportunity protocols.
Freedom of expression: may be affected if county council policy places
barriers to legitimate use of venues. May be affected if exhibitions/ events/
collections do not adequately reflect variety of beliefs/ views/ expression.
Prohibition of Discrimination: may be affected by selection of collections
material not reflective of diverse communities. Such selection should aim to be
representative and free from personal prejudices. May be affected if
recruitment policies to not adhere to equality of opportunity protocols.
Part 2
Right to education: may be affected if the service does not deliver universal,
specialist and/or targeted learning provision for a range of groups
What text/guidance/information might you be able to add to the policy to begin to address
Human Rights Act implications?
Article(s)
Possible additional text/guidance/information
Part 1
2,8,9,10,14 For all articles ensure that existing policies are up to date and statements
that uphold the relevant responsibilities outlined in each article are visible.
Part 2
2
Ensure that when planning development of museum provision consideration
is given to the needs of audiences and the HRA.
Please set out what else you consider needs to be done to address Human Rights Act
implications for the policy:
Greater awareness for staff involved in making decisions about the current and future
provision of services and implications of the HRA.
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