The Human Rights Act 1998
The Human Rights Act (HRA) incorporates most of the European Convention on Human Rights (ECHR) into UK domestic law. It came into force throughout the UK on 2nd October 2000 signifying a major constitutional change. It marked the beginning of a new era by giving the Courts the mandate to protect human rights and interpret legislation in a way that is compatible with the ECHR (where possible) and to issue declarations of incompatibility where this cannot be achieved. It also puts the individual at the centre of decisions taken by public authorities.
Section 6 of the HRA stipulates that all public authorities must act in a way that is compatible with the ECHR.
The WLGA anticipates a renewed focus on human rights in public policy making and service delivery for a number of reasons:
- Research by the Audit Commission suggests that human rights considerations are not being adequately taken into account in public authority decision-making processes. Therefore authorities are at risk of not only breaching individual human rights but of not protecting rights when making decisions
- There will be a new Commission for Equality and Human Rights to take over the duties of the existing equality commissions (Equal Opportunities Commission, Commission for Racial Equality and Disability Rights Commission). As well as being the lead agency for promoting equality and good relations the new CEHR will also have responsibility for promoting human rights; the first time such an organisation has existed in England and Wales
- Equality is a human right. Being treated with fairness, respect, equality and dignity (the FRED principles) are at the heart of the human rights approach. These principles can support the work authorities are undertaking in relation to Equality Impact Assessments on existing and new policy and service delivery options
- Equality legislation in the UK promotes a strand-based approach to dealing with discrimination e.g. on grounds of race, disability, gender, sexual orientation, religion/belief and age. The human rights approach says that people should be able to enjoy their Convention rights without discrimination on any ground. It provides a list of strands supplemented by the term ‘other status’ which is meant to be interpreted more widely than our existing anti-discrimination laws and takes into account ‘multiple-discrimination’ (where people are unfairly treated for a variety of reasons for example their race and gender)
- The Welsh Assembly Government has outlined its vision for reforming the public service agenda in Wales in ‘Making the Connections’ (weblink here!). Making the Connections is underpinned by the principles of equality and social justice for all. Furthermore it sets out the Assembly’s intention that public services shall be designed and delivered with the service user in mind, or in other words ‘citizens at the centre’, reinforcing the HRA approach that what matters is the needs of the individual and not what needs people are perceived to require because they fall within a certain category or group.
In 2005 the WLGA approached the British Institute of Human Rights to organise training for local government equality officers on the Human Rights Act and how it can be used in tandem with equality legislation to create policies and practices that respect diversity, tackle inequality and unfair/poor treatment. A report on this training is available and contains the views of practitioners who took part in this key learning opportunity.
For more information contact: Paula Walters