Professional Documents
Culture Documents
22%
No
78%
75
%
16%
No
74%
22%
No
78%
6%
No
94%
Very
Important
72%
Important
Not Improtant
6%
0%
Very
Important
57%
Important
Not Improtant
13%
2%
Step 2
Role of Media
Most
Important
28%
Step 3
Introduction of Human Rights as a subject in school and college
curriculum
Most
Important
38%
Very
Important
44%
Important
Not Improtant
16%
2%
Article I
All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of
sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person
before the law.
Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination of
his rights and obligations and of any criminal charge against
him.
Article 11
1. Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
2. No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal offence,
under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his
Article 22
Everyone, as a member of society, has the right to social security
and is entitled to realization, through national effort and
international co-operation and in accordance with the
organization and resources of each State, of the economic, social
and cultural rights indispensable for his dignity and the free
development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection
against unemployment.
2. Everyone, without any discrimination, has the right to equal
pay for equal work.
3. Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
4. Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including
Article 28
Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.
Article 29
1. Everyone has duties to the community in which alone the free
and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law solely
for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in
a democratic society.
3. These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity or
to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.
Human rights and the Human Rights Act
The Human Rights Act 1998 came into force on 2 October
2000. It sets out fundamental human rights to which
everyone in the UK is entitled. The Act requires all public
authorities, including the Government and the judiciary, to
uphold these rights, and provides the context within which
the state may legitimately interfere with them.
1.0 Background
There is a long tradition of defending freedom in this country.
The Magna Carta, signed nearly 800 years ago, put limits on the
absolute power of the monarch and upholds individual liberty
and justice. The first Bill of Rights in history was passed in
Britain in 1689, following the civil war, heralding the enduring
absolute prohibition on torture, by banning cruel and unusual
punishments.
The Human Rights Act reflects these earlier traditions and other,
more recent events. As a response to the genocide and destruction
of the Second World War, members of the United Nations came
together in 1948 to adopt the Universal Declaration of Human
Rights, described by Eleanor Roosevelt,8 one of its prime drafters,
as the international Magna Carta for mankind. The Universal
Declaration is not a legally binding treaty but a statement of the
values and minimum standards to which every government should
adhere, and of the fundamental human rights to which everyone in
the world is entitled, because of their common humanity. It is
addressed to the people of the world, as well as to governments,
and calls on everyone to act towards one another in a spirit of
brotherhood. It states that individuals have responsibilities to the
community in which they live, and that proportionate limitations
on rights are necessary to secure the rights of others and the
general welfare in a democratic society. In addition to the
Universal Declaration, the United Kingdom and other members
of the Council of Europe also ratified the European Convention
on Human Rights in 1950, inspired by Winston Churchills vision
for a new Europe with a human rights charter at its heart. Drafted
mainly by British Government lawyers, the European Convention
on Human Rights gives legal effect to many of the values of the
Universal Declaration, making them enforceable through the
European Court of Human Rights in Strasbourg.
2.0 Values
Human rights principles are based on the values of freedom,
fairness, respect, equality, dignity and autonomy, all of which are
recognised in the Universal Declaration of Human Rights. The
Human Rights Act encourages public authorities to take steps to
protect and respect these fundamental values. It provides an
ethical and legal framework for guiding decisions by public
authorities, where those decisions impact on fundamental human
rights, but it does not necessarily prescribe what the decision
should be.
3.0 Human rights in the Constitution
The rights in the 1998 Human Rights Act are largely those
contained in the European Convention on Human Rights. 9 The
Human Rights Act is a higher law influencing all other relevant
law and policy. It therefore operates in a similar way to the bills
of
support
for
Chapter
The impact of human rights on public services
1.0 Introduction
The Inquiry sought evidence from all viewpoints on the impact
of the Human Rights Act on public services. Witnesses informed
the Inquiry that the application of human rights principles has
Be treated as individuals.
Be listened to and have their views taken into account.
Be treated courteously at all times.
To know who is looking after them.
Be cared for in a single sex environment.
Feel valued.
Have meaningful things to do.
Have more confidence and have learned new skills.
See real improvements in information, staff attitudes and
clinical practice, family provision and in-patient
environments.
their area in complying with its duties under the Human Rights
Act.87 The guidance sets out the legal framework of the Act in
the context of policing, together with a checklist to assist police
authorities in meeting their monitoring function. The guidance
recommends, among other things, that police authorities have in
place a human rights action plan informed by impact
assessments, and appoint a member and officer to lead on human
rights for the police authority and provide training for staff.
Practical action to assist police authorities in meeting the
responsibility to monitor police forces is also recommended. 88
4.2 Examples of improved outcomes
The Police Service of Northern Ireland told the Inquiry that
taking a human rights approach brings more transparency to the
decision-making process.89 Board level commitment to the role
of human rights in transforming the organisations services was
seen to be crucial:
At the top end, planning was fundamental ... My role, which I
saw as a leadership role, was saying, [The Human Rights
Act] ... is important and it is not something to be frightened
of.
Sir Hugh Orde, Chief Constable, Police Service
of Northern Ireland transcript 24.10.08
The Inquiry learned that knowledge of human rights within the
Police Service of Northern Ireland has resulted in growing levels
of confidence among staff and made decision-making easier.90
The Assistant Chief Constable, who described himself in
evidence as the human rights champion at the Police Service of
Northern Ireland, said that officers see the Human Rights Act as
a sword and a shield.91
The Association of Chief Police Officers described the impact of
the Human Rights Act on police officers:
For a lot of our people who are at the more critical end,
human rights is part of their professional bit of kit ... it's how
they protect themselves
to a certain extent. But it's also part of their pride I think in
knowing what to do.
Mr Stephen Otter, Head of Race and Diversity, Association
of Chief Police Officers transcript 26.09.08
Other witnesses provided evidence of changes that the police
have made in response to the Human Rights Act:
Public bodies are taking positive steps to ensure that all
service users are treated with dignity and respect, regardless of
sexual orientation. These include police forces taking proactive
steps on hate crime reporting.
Stonewall92
The Welsh Language Board stated to the Inquiry that North
Wales Police have absorbed a culture of linguistic rights in their
recruitment, training and services.93
that you can see some rationale and thinking behind. Certainly,
I see a lot of thought going into it. When I look at intrusive
surveillance, and at the right to family life, I see rationale and
understanding very heavily involved in decision processes, and
embedded in what we do.
Mr Ian Shannon, Assistant Chief Constable, North Wales
Police transcript 19.09.08
In the Osman case (decided by the European Court of Human
Rights before the Human Rights Act came into force in the
United Kingdom), it was held that the duty to protect life under
Article 2 requires the police to take protective measures when
they are aware or should be aware that there is a known or
foreseeable real and immediate risk to someones life (see
Chapter 1). The Inquirys researchers found that the majority of
the 43 police forces in England and Wales have specific policies
on handling threats to life as a result of this case.97
The Osman decision articulates the states general duties under
Article 2 and is therefore relevant to a range of situations beyond
those examined by the Court.98 The Association of Chief Police
Officers has produced a set of minimum standards relevant to
protective services.99 These services include counter-terrorism,
serious organised crime, emergency planning, public order and
protecting vulnerable people.100
The Osman principles also affect the prison service because of
their responsibility to protect prisoners at risk from other
inmates. All the professionals working in prisons interviewed by
the Inquirys researchers were already aware of their legal duties
under Article 2 (the right to life) even though most of them had
not heard of the Osman case.101
The Home Office now includes human rights considerations in
its guidance on impact assessments:
We know that ... the Human Rights Act recognises the need
for Government to act flexibly to ensure the protection of
people and that is something that we balance every day in the
Home Office ... and we need to make sure we get that balance
right and we are constantly striving to do that.
Ms Meg Hillier MP, Under-Secretary of State for the Home
Office transcript 14.10.08
The message we wish to impart to staff [through human rights
training] is that when working in a law enforcement agency
with its own statutory duties we need to ensure that we use a
common sense approach in balancing our duty to protect the
public with an appreciation of the rights of the individual
offender.
London Probation 104
Curfews on young
proportionality
people:
applying
the
concept
of
to give children and young people more say about issues that
affect them as individuals and collectively.128
The award scheme which started in 2002 has over 500 schools
across the United Kingdom registered with the project involving
over 240,000 children and young people.129 In 2008, the
University of Sussex conducted an interim evaluation of the
UNICEF project. They found improved behaviour and selfesteem among pupils and some improvements in learning and
standards and recommended, resources permitting, that local
authorities offer more support to schools engaged in the
scheme.130
The Department for Children, Schools and Families has provided
funding for development of the Rights Respecting Schools
awards scheme in partnership with five English local authorities:
Durham, Rochdale, Bracknell Forest, Dorset and Hampshire. 131
The Inquiry received a large amount of evidence about
Hampshire schools, which is considered in the next sub-section.
6.2 Hampshire schools project
During the past five years, Hampshire County Councils
education department has been carrying out a programme for
school improvement called Rights, Respect and Responsibility. It
aims to embed human rights principles (drawn from the United
Nations Convention on the Rights of the Child) across all areas
of school life.132 So far, 380 primary schools and 45 secondary
schools in Hampshire have implemented the programme to some
extent.133 Some of the outcomes from this project are listed
below.
Significant reductions in bullying
The Inquiry was told that parents had reported a positive impact
at home as a result of their children participating in the
programme.141
The Rights Respect Responsibility initiative was independently
evaluated in 2007.142 Researchers investigated 16 schools
speaking to 15 head teachers as well as a total of 69 classroom
teachers and 96 pupils within those schools.143
Rights, Respect and Responsibility programme in Hampshire
Schools Independent Evaluation144
Impact on pupils:
Pupils were more respectful and helpful to others, and less
aggressive and disruptive.
Pupils showed greater respect for the school environment.
Pupils showed improved critical thinking skills and
confidence in tackling new tasks.
SATs scores showed steady improvements.
Pupils accepted that with rights came responsibilities.
Impact on teachers:
Fewer feelings of exhaustion as a direct result of their work.
More energized when dealing with students.
Less frustration with teaching.
Increase in a sense of personal job achievement.
Experience of head teachers:
Improvements in pupils academic achievement.
Improvements in pupils behaviour exclusions were
significantly reduced or ended.
A calmer atmosphere in school.
who gave evidence to the Inquiry said that a human rights focus
is fundamental to their ethos:
[Ombudsmen were originally set up] as a means of
humanising the bureaucracy of the state that path from the
humanising role to the espousal of human rights principles is in
my view really quite a short one Human rights are
absolutely part of the mix of our work.
Ms Ann Abraham, Parliamentary and Health Service
Ombudsman transcript 14.10.08
Our policies, procedures and practices, very much reflect the
principles and ethos of the [Human Rights] Act ... As a public
body clearly what we do is covered by the Act, it has to run
through what we do.
Mr Rob Pickford, Chief Inspector, Care and Social Services
Inspectorates, Wales transcript 08.10.08
When inspectors enter a [care home] we want them to see the
people and the lives they are experiencing and not to see the
carpets and the curtains and the walls.
Mr John Fraser, Director of Quality, Performance and
Methods, Commission for Social Care Inspection
transcript 25.09.08
We believed that giving ourselves a human rights framework
would make us better at doing our work effectively.
Mental Health Act Commission152
The Audit Commission identified the connection between human
rights and the citizen-centered approach to services,
transcript 25.09.08
The Inquirys research found that seven out
of eleven inspectorates examined, have set out their commitment
to human rights in their strategies and corporate plans. They
include
the following:
It is a strategic priority for the Audit Commission to
challenge service providers to promote equality, diversity
and human rights
The Healthcare Commissions strategic plan states that it will
use assessments to improve peoples experiences of
healthcare and access to services through greater respect for
human rights and diversity
The Independent Police Complaints Commissions corporate
plan states that it needs to operate in the context of the
challenge ... of striking a balance between protection and
preservation of human rights. 161
7.3 Regulatory authority training for the Human Rights Act
It was recognised that the right kind of training and support is
critical for facilitating employees in embedding human rights
principles in their everyday work:
We've engaged in very good training from the British Institute
for Human Rights for all our staff ... we didn't do it by grade
they were mixed up so everybody could see how what they did
from the moment they pick up the phone to the moment they
sign off a report needs to have human rights considerations into
the process.
explain that they mean dignity in care or access to fresh air, then
people become keen to take these issues forward.174
Inspectorates demonstrated how they can provide support to
service providers with the difficult business of balancing rights.
For example, the freedom of residents of care homes needs to be
balanced with the care homes need to make sure residents are
safe:
You start from providing as much independence and liberty as
you can and then there have to be really good reasons as to
why you might want to balance that in particular
circumstances. A practical example ... would be guidance we
have recently issued, for inspectors, on the use of ... CCTV [in
care homes]. It can be liberating if used appropriately or they
can be very restrictive if used inappropriately.
Mr John Fraser, Director of Quality, Performance and
Methods, Commission for Social Care Inspection
transcript 25.09.08
Regulators and inspectorates have a role in guiding other aspects
of public services, such as recruitment and training of staff. For
example, the Mental Health Act 1983 introduced the Second
Opinion Appointed Doctor Service as a safeguard of the rights of
patients detained under the Act who either refuse the treatment
prescribed by the approved clinician, or are deemed incapable of
consenting. The Mental Health Act Commission is responsible
for appointing second opinion doctors to a panel and managing
the service. The role of the second opinion appointed doctor is
not to give a second clinical opinion in the conventionally
understood medical form of the expression, but to decide
whether the treatment recommended is clinically defensible and
whether due consideration has been given to the views and rights
of the patient.175
2.
3.
4.
5.
6.
7.
8.
from
the
pensions for all. They were arrested and held at the police
station for five hours. Liberty obtained damages for
wrongful arrest and false imprisonment because the arrests
were a disproportionate interference with the protesters'
Article 10 and 11 rights (free expression and peaceful
protest).
16. Protecting free speech
Jon Gaunt, presenter of the radio programme, TalkSport was
fired by his employers after he called a local councillor a
Nazi during a live broadcast. Liberty supported Mr Gaunt
arguing that Article 10 permitted contentious speech and the
summary termination of his contract was a disproportionate
restriction of his right to free expression.
Other witnesses working in the advice sector gave evidence to the
Inquiry about the impact of the Human Rights Act on the cases
they
deal with:
[Law Centres have] said to me that since the Human Rights Act
has been in operation, the ability to mount a human rights
argument when advocating for a client now has more weight.
The impact of this strengthened argument is that it can avoid
having to take a matter to court. The fact that the Act exists
makes it possible for them to include this as an argument and so
the argument can be much more effective.
Ms Julie Bishop, Director, Law Centres Federation
transcript 15.09.08
The Inquiry was informed that Law Centres were using human
rights arguments in areas such as community care, instances
9.0 Conclusion
This chapter includes evidence received from numerous
individuals and organisations from many different regions, and
from across the public service spectrum. The experiences
described, observations made, and case studies provided,
Chapter
4
Barriers to the assertion, provision and enjoyment of human
rights