Human Rights in Complaints Handling and Inquiries: Perspectives from the Equality and Human Rights Commission Jonathan Timbers – Policy Manager, Equality and Human Rights Commission and Secretary of the RIO Forum on Human Rights

Introduction How ombudsman can help protect human rights Relevant legal background in Great Britain and the human rights framework How the Commission mainstreams human rights in its own work

Human Rights in Action We have produced guidance for Regulators, Inspectorates and Ombudsmen (RIOs) called Human Rights in Action, based on case studies from RIOs, but with guidance on the human rights framework.

Ombudsman and Human Rights Leadership Training Discussion at all levels of organisation Development of case studies and other resources for reference Recognising and considering HRA 1998 obligations when they arise

Human Rights Act The right to life (Article 2) The right not to be subjected to torture, inhuman or degrading treatment or punishment (Article 3) The right to be free from slavery and forced labour (Article 4) The right to liberty (Article 5) The right to a fair and public trial or hearing (Article 6) The right not to be subject to arbitrary or retrospective criminal penalties (Article 7) The right to respect for private and family life, home and correspondence (Article 8) The right to freedom of thought, conscience and religion (Article 9)

HRA 1998 - 2 The right to freedom of expression and to receive and impart information (Article 10) The right to assembly and to associate with others, including in organisations like trade unions (Article 11) The right to marry and start a family (Article 12) The right not to be discriminated against (Article 14) The right to peaceful enjoyment of possessions and property (Protocol 1, Article 1) The right to education, including respect for the religious and philosophical convictions of parents (Protocol 1, Article 2) The requirement to hold free and fair elections (Protocol 1, Article 3) Abolition of the death penalty (Protocol 6, Article 1)

Human Rights Act and the Human Rights Framework HRA 1998 s6 “It is unlawful for a public authority to act in a way which is incompatible with a Convention right” National laws such as the Equality Act 2010, the Mental Health Act 1983, the Police and Criminal Evidence Act 1984. The Human Rights Framework includes treaties not transposed into domestic law. These are not usually binding but may help interpret human rights law and influence new legislation.

European Commitments European Convention on Human Rights Charter of Fundamental Rights – relevant to member states implementation of EU law

The Human Rights Framework, also includes UN Convention on Torture (including the National Preventative Mechanism) UN Convention on the Rights of the Child UN Convention on the Elimination of All Discrimination against Women UN Convention on the Elimination of All Racial Discrimination and UN Convention on the Rights of Persons with Disabilities.

Principles of Application rights can be restricted in specific circumstances progressive realisation of economic and social rights participation and voice equality and non discrimination and proportionality.

Positive Obligations These could include: A duty to provide a reasonable level of resources. For example an individual might need some practical support for their rights to be protected. A duty to provide information to those whose rights might be at risk, so that they are in a position to take action to protect their own rights. Taking effective measures to deter conduct that would breach human rights. A duty to respond to breaches of human rights – such as investigating the circumstances of the alleged breach

EHRC’s own activities Use of its inquiry powers Homecare Inquiry Hidden in Plain Sight: Disability Harassment Inquiry Adult Deaths in Detention Inquiry Guidance for inspectors with the Care Quality Commission.

The RIO Forum Human Rights in Action 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 – Human Rights Inquiry 2009 RIO Forum: Two update meetings Two practice seminars Human Rights in Action