Report of the Equality and Human Rights Commission
Human
Rights
Inquiry
Executive Summary
Contents
Introduction 2
Aim 2
Methodology 2
Human rights: background 3
Public perception 4
Positive impact 4
Barriers and what needs to be 10
done to overcome them
What the Commission must do 14
Conclusion 14
Key ndings and 17
recommendations
1
H
uman Rights Inquiry
Human rights: background
n
Lack of respect for privacy on a hospital
Human Rights Inquiry
ward (Article 8)
5. Human rights exist to protect everyone
from abuse of power, disrespect or neglect,
n
Disproportionate use of stop and search
Executive Summary
Introduction
organisation to another. The Inquiry will also
inform the Commission’s future strategy on
particularly where there are no other legal
powers against young black males and other
safeguards. The Human Rights Act 1998
ethnic minorities (Article 14)
incorporates into UK law most of the rights
n
Not respecting gay and lesbian partners as
enshrined in the European Convention of
next of kin and inheritors of tenancies
1. This report sets out the ndings of a Human
promoting and protecting human rights
Rights Inquiry undertaken by the Equality and
in line with its statutory obligations under
Human Rights Commission under its statutory
the Equality Act 2006.
powers. The Inquiry was announced on
Human Rights. The principles in the Act reect
(Articles 8 and 14)
the belief that everyone is entitled to certain
n
Excessive surveillance of law-abiding
minimum necessary fundamental rights and
people (Article 8)
freedoms to enable them to ourish. The Act
6 March 2008 and was chaired by Dame Nuala
Methodology
underpins basic ethical norms and provides
n
Loss of personal data by public ofcials
O’Loan. The Lead Commissioner representing
the Commission was Francesca Klug, who sat
3. In total 2,855 people provided evidence
on the Inquiry Panel with fellow Commissioners
to the inquiry between April and December
a framework for balancing the rights of an
(Article 8)
individual against those of the wider
n
Curfews preventing law-abiding young
community. These values are widely viewed as
people from going out at night (Article 8)
Sir Bert Massie and Neil Wooding. It had two
2008. The report is based on this evidence.
the hallmarks of a fair and democratic society,
n
Failures by the authorities to protect people
main terms of reference:
The evidence came from individuals from
and are embraced in the constitutions or bills
from being stalked and harassed
n To assess progress towards the effectiveness
all walks of life, from the voluntary and
of rights of democracies throughout the world.
(Articles 2, 3 and 8)
community sector, from central and local
and enjoyment of a culture of respect for
government, from the National Health Service
6. Public authorities in the UK are required to
n
Not being sufciently protected from
human rights in Great Britain.
and other public sector bodies, from advice
act compatibly with the rights in the Human
domestic violence (Articles 2, 3 and 8)
n To consider how the current human rights
agencies, from regulators, ombudsmen
Rights Act. The Act also imposes some ‘positive
n
Not being allocated suitable housing for
framework
1
might best be developed and
and inspectorates.
obligations’ on public bodies to take proactive
special needs that have been identied
used to realise the vision of a society built on
steps to secure people’s human rights. The Act
(Article 8)
can provide a framework for public bodies,
fairness and respect, condent in all aspects
4. The evidence was gathered in a number
of its diversity.
of ways: through research projects into the
impact of a human rights culture on public
Aim
sector organisations, the role of inspectorates
and regulatory bodies in promoting human
such as local authorities, health services,
n
Bullying of all kinds in schools
care homes, police forces, prisons and schools
(Articles 3 and 8)
to plan and deliver public services. Throughout
n
Disregard of gay and lesbian couples in
the report we call this a human rights approach
adoption policies (Article 14)
2. The focus of the Inquiry was: to establish
rights standards, and an evaluation of the
to public services.
n
Unexplained death in prisons, police
the extent to which respect for the human
impact of selected legal cases; Inquiry Panels
stations and psychiatric hospitals (Article 2)
rights of individuals is embedded in service
which took oral evidence from witnesses;
Everyday situations in which the
Human Rights Act might apply
n
Wearing religious symbols or dress at work
delivery in England and Wales today; to look
Call for Evidence inviting written evidence
at the barriers to the assertion, enjoyment and
and involving a number of group meetings;
or in schools (Article 9 and Protocol 1,
delivery of human rights; to identify models
and polling and deliberative research.
n Not being able to eat properly while in
Article 2)
of good practice; and to identify opportunities
hospital or a care home (Articles 2 and 8)
n
Inadequate provision for children with
which may be transferable from one sector or
n Provision of facilities or food which do not
special educational needs (Protocol 1,
meet religious or cultural needs (Article 9)
Article 2 and Article 14)
n Abuse or neglect of older people, those who
n
Refusal to permit the staging or
1
‘The human rights framework’ was taken to mean the Human Rights Act 1998 and the
are learning disabled or other vulnerable
broadcasting of artistic works (Article 10)
principles underpinning it. However, the Inquiry did not exclude evidence of where
people (Articles 2 and 3)
n
Refusal to allow people to attend a
international human rights treaties, which the UK has ratied but not incorporated into
demonstration (Articles 10 and 11)
domestic law, may have been used by organisations to develop their approach to public
service delivery and a ‘culture of respect for human rights’.
2
3
H
uman Rights Inquiry
Public perception
7. Opinion polling commissioned for the
Inquiry showed widespread positive support
for the concept of human rights and for a law
to protect people, with 84 per cent agreeing
that it is “important to have a law that protects
human rights in Britain”.
2
8. Set against this, however, 42 per cent of
people agreed with the proposition that the
“only people to benet from human rights in
the UK are criminals and terrorists”, while
40 per cent disagreed.
3
Certain sections of
the media have focussed on a number of
high-prole situations, some of which have,
in fact, no relationship to the Human Rights
Act, and this was cited in the evidence as
being a contributory factor in the negative
perception that some people have of the
Human Rights Act.
9. The Inquiry received evidence that such
negative perceptions of human rights and the
Human Rights Act could act in some cases as
a barrier to the effective implementation of
the Act, and to the promotion of human rights
and a human rights culture:
“If you read the tabloid press, the impression
of the Human Rights Act is overwhelmingly
negative ... and those are the kinds of places
that people take their views of the Human
Rights Act from.”
Participant, North Wales Group
Evidence Session
4
Positive impact
10. Evidence received and examined by the
Inquiry Panel shows that the Human Rights
Act can have a very positive impact on
individuals’ lives. A human rights approach
can deliver real improvements and drive
systemic change in public services.
11. A human rights approach provides a
structure within which public bodies can plan
and deliver public services, grounded in and
underpinned by the values and law of human
rights. It can provide a framework for
improving the quality of decisions taken,
and can be a way of instilling staff with core
public service values and enabling them to
deliver them – which can have a benet of
increasing morale and efciency.
12. The Inquiry received evidence showing a
positive effect in, among others, the following
public sector areas: health; local authority
services; policing; schools; and regulatory
authorities.
Health and social care
13. The Human Rights in Healthcare initiative
involved ve primary care and NHS trusts in
England. An independent evaluation of the
initiative by Ipsos MORI stated that:
“Our evidence to date does demonstrate that
a human rights based approach to health and
social care can, and will increasingly in the
future, have a tangible impact on the treatment
and care of service users.”
Department of Health Evaluation, 2008
5
14. Individual professionals also expressed
their view of the benets of a human rights
approach, particularly in ensuring that
patients received the necessary care and
respect due to them:
“The Human Rights Act has vastly improved
the lives of the citizens in this country. It has
given us a structure of rights and abilities to
challenge authority that have improved people's
situations. It has made sure that we are now as
institutions actively thinking about what we do
to people much more than we did before and
that is really, really positive.”
Dr. Peter Lepping, Consultant Psychiatrist,
North Wales NHS Trust
6
“Nurses were saying to us, this actually helps
us take on management. If they are asking us
to do things or work in a way which we don't
think is human rights compliant with our
obligations professionally to our patients, we
can say to our management: our patients have
the right not to be treated this way or to be
treated this way. It strengthens their arm.”
Mr. Andrew Dismore MP, Chairman,
Joint Committee on Human Rights –
transcript 24.10.08
15. The Mersey Care NHS Trust, one of
the participants in the Human Rights in
Healthcare initiative, decided that an integral
part of a human rights approach was involving
service users in decisions:
“In the evaluation of service users and carers ...
we actually asked ... has involvement, has
contributing to the Trust ... made an impact
upon your recovery? And I think it was
89 per cent of service users resoundingly said
yes, and not just said yes but qualied it with
a raft of statements to support that: ... this has
meant that I've stayed out of hospital; this has
meant that I've needed less teams treating me;
this has helped me in my recovery; this has
given me a life. The actual quotations were
quite moving really.”
Ms. Catherine Mills, service user and Co-opted
member of the Trust, Board, Mersey Care
NHS Trust – transcript 17.09.08
2
Public Perceptions Report, p.22. A Government poll published in October 2007 revealed an
identical percentage of people agreeing that it is “important to have a law that deals with human
rights in Britain”; ‘Human Rights Insight Project’, Ministry of Justice, October 2007, p.27.
3
Public Perceptions Report, p.16.
5
‘Human Rights in Healthcare Evaluation’, Department of Health, 31 July 2008, p.1.
4
Summarised in the Call for Evidence Report / North Wales Group Evidence Session,
6
Additional written evidence provided after the Inquiry Panel session with the North Wales
p.94 Human Rights Inquiry report. NHS Trust on 10.09.08 – unpublished.
4
5
H
uman Rights Inquiry
L
ocal authority services
“When anti-social behaviour is carried out by
Policing, probation and
22. One student was quoted in an Ofsted
a handful of young people, is it fair to establish
criminal justice
report as saying that it provided “a guide to
16. In terms of public authorities providing
a curfew that says all young people are not
services to the public, a district council in
allowed in certain areas after a specic time?
England stated that the Act had made the
By adding a Human Rights Act perspective ...
council “more responsive to the public at an
you can ask whether this proposed policy
living” that will last throughout his life:
20. Witnesses suggested that the Human Rights
Act has had a signicant impact on the police,
Ofce for Standards in Education, Children's
who have to ght crime and maintain public
Services and Skills, Section 5 Inspection, John
individual level”.
solution is necessary and proportionate.”
order, and who rely on the community to help
Hanson Community School, Inspection date
Individual working for South Norfolk District
them. The Act protects ofcers in the line of duty
31/10/2007. Available at: http://www.ofsted.
Welsh Local Government Association
7
as well as vulnerable individuals. The Assistant
gov.uk/oxedu_reports/display/(id)/89666
Council and responding in a personal capacity,
Call for Evidence response.
Chief Constable of the Police Service of Northern
“It makes us feel safe in school because we can
18. A council in Wales transformed its
17. Examples cited included: positively
approach to Travellers following a court case
Ireland
9
said that ofcers see the Human Rights
go to the teachers and know that they will
inuencing work around Gypsy and Traveller
under the Human Rights Act:
Act as a “sword and a shield”:
10
listen and answer our questions. It helps us to
communities; enabling the right to family life
“It's a different way of working. Instead of
“For a lot of our people who are at the more
respect other people’s rights and respect that
to be balanced with the child’s rights in care
being negative ... within a week of the
proceedings; and balancing privacy rights
Travellers moving on to the sites, the Council’s
when deciding to use surveillance to tackle
liaison ofcer had been up to assess the
anti-social behaviour:
welfare, the Local Health Board’s health
critical end, human rights is part of their
everybody is different. We enjoy coming to
professional bit of kit ... it's how they protect
school because it helps make us feel special.”
themselves to a certain extent. But it's also part
Presentation by pupils of Knights Enham
of their pride I think in knowing what to do.”
Junior School at Rights Respect and
worker had been up to assess whether there
Mr. Stephen Otter, Head of Race and Diversity,
Responsibilities Schools Conference 17.10.08
were any health issues, and the local Traveller
Association of Chief Police Ofcers –
23. The John Hanson Community School in
education support worker also went up with
transcript 26.09.08
Andover, Hampshire, reported a notable
a view of getting the children into the local
decrease in bullying through their participation
schools and to sort out any educational needs
Schools
in the Hampshire County Council scheme,
which is what the Council have to do but they
from 35.6 per cent of a particular group having
did it with no fuss.”
21. The Inquiry received evidence of the
suffered bullying in 2005 to 7.4 per cent of the
benecial effects of a human rights approach
same group two years later.
Local advice worker, North Wales Group
within schools. Two particular schemes
Evidence Session
8
identied were UNICEF’s Rights Respecting
Rights, Respect and Responsibilities at John
19. Public sector staff can, and do, use the
Schools scheme and Hampshire County
Hanson School Andover. `Stories of positive
human rights framework in a number of
Council’s Rights, Respect and Responsibility.
change in Hampshire schools'. Available at:
ways, and their awareness of human rights
An independent evaluation of the Hampshire
http://www3.hants.gov.uk/education/hias/
is important in delivering the services that
scheme reported positive outcomes, including
childrensrights/changestories.htm
people need:
pupils being more respectful, more helpful to
others, improved academic achievement and
“Staff awareness of human rights must be from
signicantly reduced school exclusions.
the very moment that the customer walks
through the door speaking to reception staff.”
Cllr. Lindsay Whittle, Welsh Local Government
Association and Councillor, Caerphilly County
Borough Council – transcript 07.10.08
9
Although the Inquiry was limited to England and Wales, it also received evidence of the effect
7
‘Rights, Responsibilities and Respect for Everyone’, Welsh Local Government Association, of the Human Rights Act from the Police Service of Northern Ireland.
January 2006, p.5.
10
Mr. Duncan McCausland, Assistant Chief Constable of the Police Service of Northern Ireland
8
Summarised in the Call for Evidence Report / North Wales Group Evidence Session. – transcript 24.10.08.
6
7
H
uman Rights Inquiry
R
egulatory authorities
27. Hannah Spokes, 16, helps her parents care
Improving life for individuals:
n Protecting a patient in hospital.
for her younger brother and sister, both of
A has cerebral palsy. Because of the risk
case studies
24. Regulators, inspectorates and ombudsmen,
whom are disabled, and provides emotional
that he might choke on his food, the
as monitors of public authorities subject to the
support for her mother. She is an active
n Eaves Housing / The POPPY Project,
National Health Service trust responsible
Human Rights Act, can play an important role
member of a young carers group:
a domestic violence support organisation,
for his care refused to allow his carers to
in obtaining improvements in services through
uses the Human Rights Act to inuence key
feed him orally. Instead he was fed through
promoting human rights. In the evidence,
“For me, Young Carers has helped me with
Government policy in areas affecting its
a tube directly into his stomach. Despite the
regulators stated that a human rights focus is
more emotional aspects if there is anything
fundamental to their ethos:
I want to speak to anyone about, they are there.
If I needed any help with Social Services or
“We use our enforcement activity to drive up
anything like that, they are there to help.”
standards in care services … That is about
reshaping the focus of inspection towards the
Ms. Hannah Spokes, Young carer, South Wales
service users.
risk he wished to be able on occasions to eat
n A local community organisation
normally and to enjoy his food. Relying on
supporting young people considered the
Article 8 (respect for the person) Liberty
Human Rights Act in terms of young people
persuaded a specially established ethical
“understanding that they don’t deserve abuse
panel to agree to his request.
things which are important to people.”
– transcript 08.10.08
Mr. John Fraser, Director of Quality,
“The reason why we try and take a rights based
Performance and Methods, Commission for
approach [is because] these young people have
and about understanding their rights within
n Choices and Rights Disability
their own personal sexual relationships”.
Coalition, a disability organisation based
Summarised in the Call for Evidence
in North East England, used human rights
Social Care Inspection – transcript 25.09.08
a right to be informed of what is happening
to their parents but also to input as their
“[Ombudsmen were originally set up] as a
carer. But this is very often an issue we have
means of humanising the bureaucracy of the
to ght for.”
state … that path from the humanising role to
the espousal of human rights principles is in my
Mr. Richard Andrews, Chair, Young Carers
view really quite a short one … Human rights
Network, South Wales – transcript 08.10.08
are absolutely part of the mix of our work.”
28. The Inquiry also heard evidence of how
Report / Participant, Nottingham Group
arguments to negotiate a severely disabled
young man’s return to college, with proper
Evidence Session.
and respectful provision for his needs.
n Counsel and Care, a national charity
n A women’s centre used the right to
giving advice and information to older
people, used the right to respect for family
respect for family life to persuade a North
London council not to expect unmarried
life to help a man persuade social services
Gypsy girls to move out of their homes at 18,
that his wife who has Alzheimers and is
Ms. Ann Abraham, Parliamentary and Health
law centres are using the Human Rights Act
given a strong Gypsy tradition of young girls
blind should be allowed to stay in a nursing
Service Ombudsman – transcript 14.10.08
to support people:
home close to her family.
not leaving home until they are married.
n An organisation based in London
“Avon and Bristol Law Centre were able to use
n Challenging restrictions on freedom.
providing advice and support to
Improving life for individuals
a human rights argument quite successfully
On behalf of E, a 14 year old boy, the human
migrants and refugees used human
with a landlord. It was a same sex couple and
rights organisation Liberty brought a
rights arguments to negotiate for a destitute
25. A witness from the voluntary sector said
the partner died and the landlord decided that
challenge to the police’s power, in designated
asylum-seeker to pay the £5,000 bill for her
that “sometimes the mere mention of human
meant he could get rid of the standing tenant.
areas, to take young people under the age
son’s hospital care by instalments rather
rights can be a force for change”.
11
He believed that they could not be regarded
of 16 home if they were out after 9pm.
than in a lump sum as originally demanded.
26. The case of Diane Blood, who fought to use
as a couple in the usual sense of the law.
Among other arguments, Liberty relied on
her husband’s sperm to start a family after his
In addition he raised the rent ... The Law
early death, and then had to ght to have her
Centre successfully used a human rights
children’s paternity registered, is a well-known
argument and succeeded in achieving for the
example of the use of human rights law.
surviving partner that he was able to stay in
E’s rights under Articles 5, 8 and 14 (liberty,
n Inquest for murder victim. Naomi
respect for the person and right not to be
Bryant was murdered by a man wrongly
discriminated against). The Government
released on licence. Her mother was seeking
conceded that the power could only be used
more information on the circumstances in
Ms Blood gave evidence to the Inquiry that it
the accommodation at the same rent.”
against those engaged in anti-social
which a prisoner on parole came to kill her
was the right to a private and family life under
Ms. Julie Bishop, Director, Law Centres
behaviour and not against people like
daughter. Acting on behalf of Mrs Bryant
the Human Rights Act that led to the change in
Federation – transcript 15.09.08
the law which enabled her children to have their
late father’s name on their birth certicates.
12
E who were law-abiding.
and citing Article 2 (the duty to protect life),
Liberty persuaded the coroner to reopen the
inquest so that it can inquire into the facts
and consider what lessons can be learned.
11
Report on Public Services, p.68.
12
The law was amended by the Human Fertilisation and Embryology (Deceased Fathers) Act 2003.
8
9
H
uman Rights Inquiry
Protecting a worker. C was dismissed n 30. There were a number of factors inhibiting
Lack of knowledge and
36. Evidence received, highlighted the power
from her job in airport security after she the assertion, provision and enjoyment
understanding
imbalance between public authorities and
was refused counter-terrorism clearance. of rights, including: a lack of leadership, individuals, that is, between those responsible
She had no idea why she might be thought especially from the Government, the
34. The evidence to the Inquiry indicates
for delivering services and those whose human
to be a risk and was not given any reasons. Commission and politicians; a lack of
that there is insufcient understanding that
rights may be compromised. A wide range
Liberty took judicial review proceedings knowledge and insufcient mainstreaming
human rights can be a tool for improving
of groups were identied in the evidence as
relying, among other arguments, on Article of a human rights approach in core processes;
people’s lives. The Inquiry heard that it is
likely to experience difculties in asserting
6 (right to a fair hearing). During the case, a lack of condence inhibiting members of
essential that knowledge and understanding
their rights: this leads to the suspicion that
it became obvious that the decision to sack the public from asserting their rights;
of human rights is improved amongst those
more people may experience barriers to using
her had been made on imsy grounds. organisational culture and structure; the use
delivering public services, and also among
the Human Rights Act than are able to use it
The Department of Transport conceded of general rather than specic language;
voluntary and community organisations and
with ease.
15
that the process was awed and paid C
compensation. It has also now altered
its procedures.
and inaccurate media reporting.
31. In the judgement of the investigating
Commissioners, these barriers are not
the public. A general lack of awareness was felt
to be a contributory factor in the failure to
mainstream human rights:
37. The report recommends that a human
rights approach needs to be mainstreamed
more thoroughly into the decision making
Protecting the right to protest.n
insuperable: indeed many of them will be
“A lack of awareness of human rights issues
processes, strategy and policies of public
Five protesters held a peaceful protest
overcome by relatively simple actions.
can be a barrier to mainstreaming throughout
authorities, and that specic training,
during the Queen's visit to Wakeeld.
the organisation.”
information and guidance should be provided.
Silently, they held up posters demanding
fair pensions for all. They were arrested
and held at the police station for ve hours.
Liberty obtained damages for wrongful
Leadership
32. There was almost universal agreement in
the evidence presented to the Inquiry that one
Gwynedd Local Health Board
13
Lack of condence and capacity
Organisational culture
and structure
arrest and false imprisonment because the
arrests were a disproportionate interference
with the protesters' Article 10 and 11 rights
(free expression and peaceful protest).
of the major barriers to the full effectiveness
of the human rights framework is lack of
leadership from many of those in positions
of power, including in public authorities
35. The Inquiry heard evidence that vulnerable
and excluded groups within society were less
likely to know about their rights and less likely
to have the capacity and/or condence to assert
38. The Inquiry heard evidence that the
organisational culture and structure of many
public authorities could inhibit the creation of a
culture of respect for human rights. The different
Barriers and what needs to be
(both locally and nationally), from central
government, and from some politicians:
their rights:
inhibiting elements identied, included:
done to overcome them
29. The Inquiry received compelling evidence
about the barriers that exist in ensuring that
“With hindsight it is fair to say we took a lot
of what we saw as the obvious benets of the
Human Rights Act for granted and … we didn’t
“I fed my wife when she was at hospital
because she was not fed properly by staff.
I did not realise that I could use the Human
Rights Act to challenge the poor service my
i. Fear of the unknown
ii. A disconnect between policy and delivery
iii.Lack of mainstreaming
human rights are respected and the principles
spend enough effort on promoting it”.
wife received at the time. I just did it.”
iv. Lack of joined-up working between
and law are translated into action.
Mr. Michael Wills MP, Minister of State for
Justice – transcript 13.10.08
Individual
14
public authorities / departments within
public authorities.
33. The report recommends that those with
39. The Inquiry heard evidence that a shift in
leadership roles should recognise their
thinking is required to understand that the
responsibility to provide robust leadership
need to treat people properly can derive from
on human rights issues.
their human rights:
13
Call for Evidence Report, p.39.
14
Call for Evidence Report, p.20.
15
Chapter 4 of the full report, section 7: Lack of condence and capacity p.99.
10
1
1
H
uman Rights Inquiry
“
[People who work in social care] ... tend to talk
about abuse of dignity, respect ... because that
is the language they are comfortable with.
[But] those things tend to still come from ...
a sort of benevolence, that it is the right thing
to do. Whereas what we need to do is shift to
[thinking], actually these are people's rights
and [it is] about changing the relationship
between people who provide care and support
and people who receive care and support and
shifting the balance of power [between them].”
Mr. John Fraser, Director of Quality,
Performance and Methods, Commission for
Social Care Inspection – transcript 25.09.08
Using the language of
human rights
40. Evidence received, stated that whilst
language about ‘dignity’, ‘respect’ and
‘personal choice’ was frequently used by public
authorities, human rights specic language
should be used, where appropriate, to emphasise
the link to the principles and law of human
rights and to identify the content of and
application or non application of specic rights:
“There are clear risks attaching to the
deliberate avoidance of human rights based
language which may impede understanding,
awareness and the prioritisation of issues
relating to human rights.”
16
Media reporting
41. The Inquiry heard evidence about the
sometimes negative or sensational coverage
of human rights issues in the media.
Recommendations were received about how
the media could ensure that they report on
human rights stories accurately and fairly, and
how the Commission should facilitate this:
16
Report on Inspectorates and Regulators, p.63.
17
Call for Evidence Report, p.49.
12
“I don't think the media ... is very good at
applying human rights to real people's lives,
which of course is exactly what the media is
interested in.”
Ms. Mary Riddell, Columnist, The Daily
Telegraph – transcript 13.11.08
“An aide memoire or a document for journalists
laying out some really good uses ... of the
Human Rights Act ... would be very useful ...
as a generalist I don’t feel I understand and
know about all the good uses that [the Act] is
being put to.”
Ms. Dorothy Byrne, Head of News and Current
Affairs, Channel 4 – transcript 17.10.08
A positive human rights duty
in UK law
42. In addition, the Inquiry heard evidence
calling for the introduction of a duty on
public authorities to promote human rights,
along similar lines to the public sector duties
to promote equality on race, gender,
and disability issues:
“A [new statutory] positive duty to promote
human rights [is needed]; we know from thirty
years of other equality legislation that taking
redress for rights not delivered is largely
ineffectual in delivering change.”
Vision Sense
17
43. The report recommends that the
Government should consult on this proposal.
Human Rights Inquiry
Human Rights Inquiry
What the Commission must do
44. The evidence received by the Inquiry
overwhelmingly called for the Equality
and Human Rights Commission to be
an independent, authoritative body on
human rights:
“I think the Commission needs to put human
rights at the very forefront of what it is doing.”
Sir Geoffrey Bindman, Chair, British Institute
of Human Rights – transcript 15.09.08
“I really want to make this challenge to the
Commission [EHRC]. You have the continuing
responsibility. There will always be people who
concentrate on one subject rather than another
... [but] you will be going for those themes all the
time which will be raising the long-term prole.”
Mr. Gordon Lishman, Director General,
Age Concern – transcript 24.10.08
“The EHRC needs to adopt an integrated
approach to human rights and equality,
explain the extent of its human rights duties
and powers and provide practical guidance
to organisations to ensure they understand
and can implement the principles effectively
within their work.”
Legal Services Commission
18
45. The evidence stated that the Commission
should, through its views, advice and actions,
develop and inform a culture of respect for
human rights:
“I think what the Commission can do is help
take [human rights concepts] off the page,
through some sort of outreach work with
organisations, and implant it in the hearts and
minds of the staff because I think essentially
that's where change will happen, not
necessarily in the upper echelons of
management, it's people who are dealing
with the public in an everyday world.”
Mr. Lewis Parle, Head of Youth Programmes
and Research, Independent Academic Research
Studies – transcript 30.10.08
46. In addition, there was a call for the
Commission to engage more proactively with
the media, and to provide accurate, timely and
relevant information, both to the media and to
the general public:
“There needs to be a national campaign to raise
awareness like there was with drink driving or
wearing a seatbelt, to let people know that they
have rights and how they can use them.”
Participant, London Group Evidence Session
19
Conclusion
47. The evidence received by the Inquiry shows
that the human rights framework, backed by
the legal underpinning of the Human Rights
Act, has had a positive impact in the delivery
of public services. A human rights approach
can provide an ethical framework for the
actions of public authorities. Properly
understood and applied, it can have a
transformative function, transforming the
organisation itself, the services delivered,
and ultimately the lives of the people receiving
these services.
48. The evidence clearly shows that a human
rights approach has facilitated organisational
effectiveness, enhanced staff morale and
contributed to a better quality of life for
many people:
“For me the Human Rights Act reaches the
parts that the Disability Discrimination Act
cannot reach. So it is not just about having
equal access along with everybody else to some
rubbish service, it is about changing the nature
of the service and the nature of the change.
It is not about the equality of misery. It is
about standards that everybody should be
able to expect.”
Ms. Caroline Ellis, Deputy Chief Executive,
RADAR – transcript 23.10.08
49. Although much has been achieved in the
11 years since the passing of the Human Rights
Act, the evidence also shows that the effective
implementation of the human rights framework
in England and Wales depends on: political and
organisational leadership; increased knowledge
and understanding of what human rights are
and are not; and the mainstreaming of human
rights principles in strategic and business
planning, where appropriate.
50. The report contains a series of
recommendations for the Government, for the
Commission, and for public authorities. If these
recommendations are implemented they will
facilitate signicant improvements in the
provision and delivery of services to individuals.
51. The report highlights the fact that it is time
for a new understanding of what human rights
are really about. It concludes that it is time to
acknowledge that in a society where human
rights are respected, we all have responsibilities
to each other, and that the Human Rights Act
provides a framework for balancing the rights
of individuals with the needs and interests of
the wider community:
“I detect a sea change ... with a denite shift
away from seeing human rights as being just
about civil liberties, crime, national security
to a much more inclusive approach that
recognises the small places where human
rights play a part in ordinary daily life.”
Ms. Ann Abraham, Parliamentary and Health
Services Ombudsman – transcript 14.10.08
52. Human rights can be seen as the
overarching ‘umbrella’, or the bedrock or
foundation, of principles that apply to all:
“Human rights serve to pull things together,
integrating existing equalities legislation into
a more holistic framework.”
London Borough of Southwark
20
53. A human rights approach goes beyond
simple formal compliance: it requires a change
in attitude and culture:
“[The human rights approach] serves as
a constant reminder that when we strip
everything else away; every vested interest,
all politics and tribalism that this is why
the organisation exists.”
21
“As we're moving to put more stress on a
human rights-based approach to services,
then I think some of the anxieties about the
Act itself begin to melt away so people begin
to see it as a more positive agenda.”
Mr. Hugh Taylor, Permanent Secretary,
Department of Health – transcript 30.10.08
18
Call for Evidence Report, p.47.
20
Report on Public Services, p.34.
19
Summarised in the Call for Evidence Report / London Group Evidence Session.
21
Report on Public Services, pp.48, 70.
14
1
5
Key ndings and recommendations
22
1.0 Introduction
All ndings are based on the evidence gathered
throughout the Inquiry. Each key nding
23
will
therefore cross-refer to a numbered section in
the full report, which will itself refer to the
evidence gathered. This chapter summarises
these ndings, the recommendations which
ow from them and the proposed actions for
the Commission.
2.0 General ndings
n The fundamental principles set out in the
Human Rights Act closely reect our
traditional values of fairness and justice,
and the universal standards to which every
democratic government is committed. Polling
evidence shows that 84 per cent of people
actually want human rights enshrined in the
law for themselves and their families.
24
n There is overwhelming general acceptance
in society of the value of human rights
(81 per cent of people agree that human
rights are important for creating a fairer
society in the UK).
25
It is clearly in the public
interest and in accordance with the
principles of all modern democracies for this
support from the public to be reected in the
development of policy and practice.
n Human rights are not merely abstract
concepts – they are also an effective tool for
delivering organisational success and better
services to the public.
26
A true understanding
of human rights as a tool to improving
people’s lives is not widespread: there is a
general consensus that improved knowledge
and understanding is essential.
22
These are extracted from the full report, Chapter 6: Key ndings and recommendations.
23
Except in two instances where we have referred to the evidence directly.
24
Chapter 2, section 1.0, Human Rights Inquiry Report.
25
Chapter 2, section 1.0, Ibid.
26
Chapter 3, section 2.0, Ibid.
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3.0 Effectiveness of the
n Where human rights arguments are applied n
T
here is a very clear reluctance on the part
n A critical role can be played by regulators
Human Rights Act
to specic problems there can be a speedy of many public authorities to use the specic
in helping public authorities to comply with
positive resolution of them, often avoiding language of human rights. There is a
their obligations under the Human Rights
3.1 Findings
the need to go to court. In addition to this, tendency to use values based language only
34
Act and to provide a human rights approach
there is evidence of consequential systemic because of a fear that human rights are too
to public services.
37
n There are signicant misunderstandings
and misconceptions which are reported
about human rights, and which remain
largely unchallenged, leading to both
change in such cases, resulting in enhanced
delivery of services and assurances that they
do not fall below a minimum level. This is
particularly the case where there is no
complex to understand, or because of
confusion about the relationship between
human rights and equality. This inhibits the
possibility of understanding and giving
n Many witnesses attested to the importance
of a mechanism to disseminate good
practice examples across the public sector.
38
service users and service providers being
specic legal tool to deal with a case other proper effect to human rights.
3.2 Recommendations
n
uninformed about their rights and
responsibilities.
27
The Human Rights Act makes a positive
difference to people’s lives, and to the
effective delivery of public services which
focus on individual needs.
28
Human rights,
than human rights law (for example, in cases
such as the provision of adequate food to
incapacitated patients, continued occupation
of a family home by a bereaved minor, or
dignied treatment of severely disabled and
older people).
31
n Where human rights specic language is
used, for example, in some police, health
and education services, the effect is to
enable staff, and also to provide better
protection for, and application of, human
rights in service delivery.
35
1. Human rights need to be mainstreamed
into the work of all those who provide
relevant public services.
2. Human rights specic language should be
used, in addition to the language of values,
n
by focusing on the needs of the individual,
can help to restore the power balance
between the State and individuals, and
between service providers and service users,
and can contribute to a fairer, equal and
more inclusive society.
29
The effect of adopting a human rights
approach has been to improve the
circumstances of the lives of many people
and their families.
30
n
n
Where voluntary and community sector
organisations represent the interests of
marginalised and vulnerable people using
the principles of the Human Rights Act,
such people can become empowered, and
those organisations can achieve positive
change to public services.
32
A human rights approach encourages
participation by service users in service
planning and delivery, increasing their
autonomy, enhancing self-respect and
building better relationships.
33
n The Inquiry did not seek evidence of abuses
of human rights, but it received testimonies
about such abuses in England and Wales.
For example, a service user of a mental
health trust recorded being dragged out of
bed in the morning, having the duvet pulled
back and then being physically pulled from
the bed and made to get dressed in front of
people. The patient concerned felt angry
and humiliated but had no way of being able
to express his/her feelings. On another
occasion, a physically disabled service user
of a mental health trust reported having
absolutely no facilities for washing, bathing
or sitting and no furniture or bed suitable for
his/her impairments. This individual stated
such as respect, fairness, and dignity,
to facilitate the development of a better
understanding of human rights.
3. Where appropriate, government
departments should include human rights
more explicitly in the standards applicable
to public services.
3.3 Commission actions
i. Working with regulators and inspectors
and with government departments, local
authorities and other public bodies, the
Commission will help provide guidance
and support to implement a human rights
approach institutionally.
that s/he spent 24 hours a day for six months
in one room, and stated that no attempts
were even made to support his/her needs.
36
27
Chapter 4, section 5.0, Ibid.
28
Chapter 3, section 3.1, Ibid.
29
Chapter 3, section 2.0; Chapter 3, section 3.1, Ibid.
34
Chapter 4, section 6.0, Ibid.
30
Chapter 3, section 3.3, Ibid.
35
Chapter 4, section 3.0, Ibid.
31
Chapter 3, section 8.3, Ibid.
36
Mind, Call for Evidence response.
32
Chapter 3, section 8.3, Ibid.
37
Chapter 5, section 8.0, Ibid.
33
Chapter 3, section 3.5, Ibid.
38
Chapter 5, section 6.0, Ibid.
18
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ii. The Commission will monitor and promote n Inaccurate statements about human
examples of good practice in the public rights by leaders inhibit both people’s
sector. Where the evidence of successful understanding of human rights and the
outcomes are clear, the Commission will development of a culture of mutual respect
encourage the wider roll-out of successful for rights and responsibilities.
42
initiatives.
5.0 Improved service delivery
n Important legal decisions have claried
the law in relation to human rights, but
5.1 Findings
there is a lack of effective dissemination of
the implications of the judgments in these
n Where public service providers had adopted
cases, to enable wider policy development
a ‘human rights approach’ to service delivery
in compliance with the law.
47
4.2 Recommendations
(rather than a basic compliance approach)
iii. The Commission will encourage and
they reported improved services, better and
n The Human Rights Act provides a common
monitor progress on the inclusion of
4. Those in leadership roles in public
more coherent delivery procedures and
framework of values which can be useful
human rights in standards of service for
authorities should recognise their
public authorities.
responsibility to provide robust leadership
on human rights issues.
heightened staff morale.
43
For instance,
for managing competing tensions and
schools which have adopted a human rights
ethical obligations within a public authority
approach have experienced a reduction in
and between professionals engaged in
school exclusions and improved pupil
inter-agency work. This can facilitate a
4.0 Leadership
5. Some central government departments and
behaviour.
44
Classroom teachers reported
proper focus on the individuals affected by
4.1 Findings
some other public bodies have successfully
that they felt less frustrated and exhausted
their decisions.
48
used human rights champions to lead the
and they had more energy and job
n There is a very strong demand from those
human rights agenda. Public sector
5.2 Recommendations
satisfaction. A National Health Service trust
who gave evidence, across all sectors, for
organisations should appoint human
has adopted a human rights approach and
6. Where appropriate, public authorities and
positive leadership and visible support for
rights champions where appropriate.
has involved mental health service users in
voluntary and community sector groups
human rights from the Government,
4.3 Commission actions
making recruitment decisions, and in
should mainstream human rights into their
politicians, the Commission, and others
playing a role on various management
decision making processes, strategies and
whose responsibility is to formulate national
iv. The Commission will encourage the
and local public policy. Such positive
Government and other political leaders to
leadership is necessary in many cases for
provide positive and consistent leadership
public ofcials to have the condence to give
on human rights and the Human Rights Act.
teams. This approach was found to have
business plans, as well as into their relevant
an overwhelmingly positive effect on the
policies and practices. Service providers
health of those service users, the quality
should be able to demonstrate the effects
of care, and a change in the culture of
of such mainstreaming to the inspectorates
appropriate priority to human rights.
39
the organisation.
45
and regulators, where relevant.
n Strong and courageous leadership combined
v. The Commission will assume a leadership
with training and development on human
role in raising public awareness of the
n Whilst witnesses accepted the value of
7. The Human Rights Act can be a useful
initial general training on human rights,
framework for managing competing
rights has resulted in positive outcomes for
importance of human rights and the Human
there was clear evidence that role-focused
tensions and the ethical obligations of,
service users and staff morale.
40
Rights Act.
training, tailored to a particular sector, was
and between, professionals. This framework
n The appointment of human rights
far more effective in enabling and enhancing
should form part of the training for
champions in public authorities has made
service delivery and motivating staff.
46
such professionals in relation to their
a very positive impact on the delivery of
ethical obligations.
services using a human rights approach.
41
43
Chapter 3, section 3.4, Ibid.
44
Chapter 3, section 6.2, Ibid.
45
Chapter 3, section 3.5, Ibid.
46
Chapter 5, section 5.0, Ibid.
47
Chapter 5, section 7.0, Human Rights Inquiry Report and also see pamphlet entitled
39
Chapter 5, section 2.1-2.3, Ibid.
« Protecting rights : How do we stop rights and freedoms being a political football ? »
40
Chapter 5, section 5.0, Ibid.
Francesca Klug & Helen Wildbore, 2009. Available from the London School of Economics
41
Chapter 5, section 5.0, Ibid. and Political Science website.
42
Chapter 5, section 2.1, Ibid.
48
Chapter 3, section 5.2, Ibid.
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uman Rights Inquiry
8. When developing training programmes,
6.0 It’s not about litigation
organisations should include role specic
training on human rights and the Human
6.1 Findings
Rights Act, to clarify what the Act does
and does not do, and how it applies in the
n Many positive changes to people’s lives and
6.3 Commission actions
his ‘human rights’.
54
This story was false and
was conrmed as such in the Government’s
vii.The Commission will assist public
‘Review of the Human Rights Act’ published
authorities, where appropriate, to adopt
in July 2006.
55
Despite this rebuttal, the story
a human rights approach to their
was cited in a newspaper leader in November
circumstances for which the training is
the services they receive are made using
being delivered.
the principles enshrined in the Human
Rights Act, without recourse to the courts.
organisational risk management processes,
of that year. Moreover, while our Inquiry was
and to programmes of training and
underway, a urry of new stories about the
professional development. The objective
Human Rights Act appeared in certain
9. The Government should communicate
For example, a voluntary organisation
widely the ndings of its human rights
told us that they managed to persuade
initiatives, such as its Human Rights in
social services that an elderly lady who has
Healthcare initiative, to facilitate learning
Alzheimers and is blind, should be allowed
should be to provide the best possible
newspapers.
56
One suggested the Act
service, rather than focusing solely
prevented the Royal Navy from detaining
on the protection of the organisation
Somali pirates in the Gulf of Aden.
57
from litigation.
We looked at this claim and found it to
and understanding.
to stay in a nursing home close to her
be completely false.
58
10. When framing provisions for service
husband and family.
49
7.0 Media
n The combination of lack of leadership and
delivery, organisations should work
n There was some evidence that some
with user groups to ensure maximum
organisations were approaching human
7.1 Findings
inaccurate reporting creates confusion and
inhibits the development of human rights
accessibility and engagement between
rights merely with a view to avoiding
n Most people receive their information
policy and practice among some public
service providers and service users,
litigation, rather than using human rights
on human rights from the media.
52
as has been done successfully in a number
to improve services for users and those
of health trusts, with resulting benets to
engaged in service delivery.
50
service users and service providers.
n Unnecessary human suffering and a
higher risk of litigation arise when there
bodies and voluntary and community
Evidence shows that the media provide
groups. It can lead to both the trivialisation
both accurate and inaccurate coverage
and ination of human rights, and can
of human rights issues.
53
diminish people’s understanding of their
human rights. Such inaccurate reporting
11. Public authorities should develop
n Witnesses said that inaccurate reporting,
is an insufcient understanding and
and the absence of an effective rebuttal
mechanisms to ensure that new legal
particularly by the print media, was based
knowledge of human rights and the
mechanism, often results in a failure to
developments and their policy implications,
Human Rights Act.
51
on limited understanding and, too often,
take into account the necessity to balance
which impact on their responsibilities,
an erroneous interpretation of the application
individual rights against each other, and the
are made known to the relevant staff.
6.2 Recommendations
of the Human Rights Act. On occasion,
common good, inherent in the Human
the inaccuracies have been repeated despite
5.3 Commission actions
12. Government and other funding bodies
corrections having been issued. For example,
Rights Act.
59
should consider providing further funding
it was reported that convicted murderer,
vi. The Commission will produce updated
to enable the voluntary and community
Dennis Nilsen was allowed access to
guidance on human rights and legal
sector, and where relevant, public authorities,
pornography in his prison cell because of
developments related to the Human Rights
to develop and deliver alternative dispute
Act, and encourage public services to
resolution mechanisms to facilitate the
produce tailored guidance.
resolution of human rights cases.
52
Ministry of Justice, 2008. Human Rights Insight Project, p. 27. ‘In terms of sources of
knowledge about human rights and the Human Rights Act, the strongest was the media (64%)
with television said to be the most commonly used medium (41%)’.
53
Chapter 4, section 5.0, Ibid.
54
See, for example, The Sun, 13 May 2006.
55
Department for Constitutional Affairs Review, July 2006, p. 30.
56
Chapter 4, section 5.0, Ibid.
49
Chapter 3, section 8.3, Ibid.
57
Chapter 4, section 5.0, Ibid.
50
Chapter 3, section 5.1, Ibid.
58
Chapter 4, section 5.0, Ibid.
51
Chapter 4, section 2.0, Ibid.
59
Chapter 4, section 5.0, Ibid.
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7.2 Recommendations
8.0 Duties on public authorities
8
.2 Recommendations 9.0 Information and advice
13. Where the media report human rights
and those who inspect them
15. The Government should consult as to
9.1 Findings
issues and cases, they should ensure that
they report them accurately and fairly.
8.1 Findings
whether or not a statutory duty should be
imposed on all public authorities to take
There is a very widespread concern that there n
14. The inter-departmental Rapid Rebuttal
Unit at the Ministry of Justice should
continue and enhance its work.
7.3 Commission actions
viii. Accurate and live-time analysis of issues
and cases involving human rights needs to
be available to the media. The Commission
The duty on public authorities not to act
incompatibly with the Human Rights Act,
has sometimes produced a ‘compliance only’
culture in some public authorities. Witnesses
recommended that there should be a new
statutory duty to promote human rights,
similar to the duties imposed by anti-
discrimination legislation, to create
an integrated approach to equality and
n
into account human rights before they
implement new policies.
16. The Government should consult on legal
changes which may be necessary to enable
ombudsmen, inspectors and regulators to
co-operate and to share information, with
the necessary protections, when dealing
with individual human rights issues.
is insufcient knowledge about human rights.
There was a strongly expressed desire for
accessible and relevant guidance as well as
information and advice about human rights.
63
Witnesses gave evidence of a lack of capacity
in the advice giving and advocacy sectors,
making it difcult to establish whether a
human rights violation had occurred and
what actions should be taken. It was said
n
will provide to the media authoritative
human rights.
60
17. In the absence of a specic legal duty,
that this was compounded by a lack of legal
information and material on matters
Where ombudsmen, inspectors and n
inspection and audit bodies should
aid, and limited access to lawyers.
64
relating to the Human Rights Act, where
appropriate, to facilitate the development
and maintenance, by the media, of an
accurate understanding of what the Act
does and does not do.
ix. The Commission will use every available
opportunity to explain publicly the
purpose, value and benets of human
rights and the Human Rights Act to
our society.
regulators are able to co-operate, and to
share information relating to individual
human rights cases (subject to necessary
privacy protections), there is a greater
opportunity to deliver a better service for
service users. There is, in many cases,
an absence of measurable human rights
targets in public sector business planning.
Consequently, there is insufcient
investment of resources and performance
management, contributing to a failure to
integrate human rights standards into
their work.
8.3 Commission actions
xi. The Commission will assist public
authorities to develop mechanisms to
integrate positive obligations under the
Human Rights Act with their work on
public sector duties.
xii. The Commission will work with
Witnesses regretted the fact that the
Commission has no power to assist members
of the public who need to take legal actions
which are based solely on human rights.
65
9.2 Recommendations
18. The provision of better information and
advice will necessitate better training
and more targeted resources for the
appropriate bodies.
n
x. The Commission will enhance the human
identify the benets of a human rights
regulatory bodies and inspectors to
19. The Government should review its
rights section of its website to provide
accurate information on human rights
and the Human Rights Act in response
to widely publicised inaccuracies and
misconceptions.
approach to service provision.
61
Whilst, as public bodies, some inspection
and audit bodies have taken steps to
incorporate human rights standards into
their audit and inspection processes, there
is no duty on them to do so. However, it is
clear that inspection and audit processes
have a vital role in ensuring that people’s
n
develop appropriate targeted human
rights indicators to measure the extent to
which public bodies are adopting a human
rights approach.
decision not to give the Commission the
power to assist members of the public
in strategic cases involving only human
rights legislation.
20. The Commission should be empowered
to provide conciliation / mediation services
on human rights.
human rights are protected.
62
63
Chapter 4, section 11.0, Ibid.
60
Chapter 5, section 11.0, Ibid.
64
Chapter 4, section 10.0, Ibid.
61
Chapter 5, section 2.1, Ibid.
65
Irish Traveller Movement, Call for Evidence response; Shefeld Law Centre, Call for Evidence
62
Chapter 5, section 8.0, Ibid. response; East Midlands Group Evidence Session.
24
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9
.3 Commission actions
xiii. The Commission will continuously update
the information and advice on human
rights it provides through its helpline.
xiv. In recognition of the importance of young
people being informed about human rights
and responsibilities, the Commission will
actively encourage a wider application of
the human rights framework in schools
and more human rights education of
young people.
xv. The Commission will review and report
on the actions taken, three years after the
publication of this report.
10.0 Conclusion
The ndings of this Inquiry demonstrate that
11 years after the passing of the Human Rights
Act, the overwhelming majority of people want,
and value, human rights. Despite all that has
been achieved, much remains to be done to give
effect to the internationally agreed minimum
standards and values to which everyone is
entitled ‘as a consequence of their common
humanity’. It is possible, in many cases within
existing structures, or using the opportunity
of ongoing change processes, to incorporate a
human rights approach to service delivery.
The recommendations and the various
Commission actions identied during this
Inquiry, if implemented, should facilitate rapid
improvements in public services. The potential
benets have been demonstrated to be
invaluable in terms of enhanced service
delivery, organisational success, heightened
staff morale and increased participation and
enjoyment of human rights by those in receipt
of public services.
It is time for a new understanding of what
human rights are really about. It is time to
acknowledge that in a society where human
rights are respected, we all have responsibilities
to each other, and that the Human Rights Act
provides a framework for balancing the rights
of individuals with the needs and interests of
the wider community. It is time for real
leadership.
Ms Catherine Mills, service user, and Ms Lindsey Dyer,
Director of Service Users and Carers, Mersey Care NHS Trust
26
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