2. Equality & Rights Alliance Workshops on Public Sector Duty
Equality & Rights Alliance Workshops on Public Sector Duty Damien Walshe Equality and Rights Alliance

3. Agenda
Introductions
What is the Public Sector Duty?- act, who is covered, the role of IHREC
Discussion: Working with Public Bodies- what are the current challenges and what are we working towards?
Integrating human rights & Equality
Values
How to implement the Duty
What is the role of Civil Society
Next steps
Brief introduction to PSD, introduction of integration of equality & human rights- open up to discussion

4. The Equality Rights Alliance
Formed in 2008 as response to cuts in Equality & Human Rights Infrastructure
Coalition of 170 individuals, Civil Society groups & unions
Mission is to defend and strengthen the equality and human rights statutory infrastructure
Published “A New Public Sector Equality & Human Rights Duty” March
Working group on Public Sector Duty formed in March 2016
Brief introduction to PSD, introduction of integration of equality & human rights- open up to discussion

5. What is A Public Sector Duty?
Requires public bodies to take proactive steps to promote equality, protect human rights and prohibit discrimination (for employees and service users)
Potential:
Enhance the provision of quality, inclusive, accessible and accountable public services that can reduce inequalities and advance the fulfillment of human rights
Reinforce and compliment current legislative model
Drive cultural change
Evidence-based outcomes for equality and human rights
Proactive: going beyond simply avoiding discriminatory action or reacting to an incident of discrimination/human rights abuse.. To proactively considering how can we bring an equality/human rights focus to our policy-making, service design and delivery and monitoring, our procedures and so on.
Many public bodies are already thinking and acting proactively to bring an equality focus to their work so it isn’t new for a lot of bodies. Building on good practice already happening
Drive Cultural change: systematic approach to advancing equality dn human rights concerns so that it becomes core to how the org operates.. Bringing a consciousness of equality and human rights to the work so that it is seamlessly interwoven into all of the work – Not simply an add-on

6. IHREC Act 2014 S42
42(1) A public body shall, in the performance of its functions, have regard to the need to—
(a) eliminate discrimination,
(b) promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and
(c) protect the human rights of its members, staff and the persons to whom it provides services.
The current model is more reactive in nature in that it requires the occurrence of discrimination or human rights violations to trigger taking a case

7. IHREC Act 2014 S42
42(2) For the purposes of giving effect to subsection (1), a public body shall, having regard to the functions and purpose of the body and to its size and the resources available to it—
set out in a manner that is accessible to the public in its strategic plan (howsoever described) an assessment of the human rights and equality issues it believes to be relevant to the functions and purpose of the body and the policies, plans and actions in place or proposed to be put in place to address those issues, and
report in a manner that is accessible to the public on developments and achievements in that regard in its annual report (howsoever described).

8. Role of the IHREC Give guidance Issue guidelines, and
The IHREC may:
Give guidance
Issue guidelines, and
Prepare codes of practice on the duty.

9. Role of the IHREC
Where the IHREC considers that there is evidence of a failure by a public body
to perform its functions in a manner consistent with the duty and that it is appropriate in all the circumstances to do so, the Commission may invite the public body to—
carry out a review in relation to the performance by that body of its functions under the duty, or
prepare and implement an action plan in relation to the performance by that body of its functions under the duty. Or Both

10. The Duty in Practice Duty obliges public bodies to focus on:
Policy making, service design & internal procedures.
Policy implementation, service delivery & internal practices
Evaluation, review & monitoring of policies, services and internal operations

11. Opportunity & Challenge
Potential for Ireland to set a standard for the operation of a combined public sector duty
Coherent set of demands from Civil Society
Challenge:
Avoiding a siloed approach – Equality / Human Rights
Setting right level of ambition for the duty

12. Discussion Piece
Where we are at: Civil Society Engagement with Public Bodies
What is the relationship between representative organisations and public bodies?
What are the challenges in working on equality and human rights issues with Public Bodies?

13. Discussion What are trying to achieve?
What do we want from our public services (what is our vision for Public Services in Ireland?)
How do we communicate that?

14. Integration of Equality & Human Rights
Traditionally a focus on activism
Mobilizing & organizing people who experience inequality & discrimination
Work with specific groups on the basis of their identity & status in society
Looks at institutional & structural sources of inequality
Focus on social change & Alternative forms of society

15. Integration of Equality & Human Rights
Traditional focus has been individual & legalistic
Traditionally a focus on watchdog & monitoring
State legally bound to deliver on obligations to rights holders (individuals)
Significant focus on utilizing UN & EU reporting & courts to compel State to protecting & respecting rights

16. Human Rights in the Constitution
Right to life (Article 40.3)
Equality before the Law ( Article 40.1)
Right to a fair trial (Article 38.1)
Right to Liberty (Article 40.4)
Right to freedom of expression, assembly and association (Article )
Protection of the family (Article 41)

17. Interpretation of Human Rights not explicitly set out in constitution
Right to bodily integrity
Right to freedom from torture, inhuman or degrading treatment or punishment
Right to work and earn a livelihood
Right to privacy

18. Civil and political rights covered under ECHR
Prohibition of torture and ill-treatment (Article 3)
Right to a fair trial (Article 6)
Freedom of thought, conscience and religion (Article 9)
Right to marry (Article 12)
Right to education (protocol 1, article 2)
Prohibition of discrimination in the enjoyment of Convention rights (Article 14)

19. Human Rights Equality Every Individual
Different Groups (Identity, status)
Concepts:
non-discrimination
Systemic Inequality
Diversity
Positive action
Equality of Opportunity
Equality of Outcome
Every Individual
Basic standards
Rights holders/Duty bearers
Universal/Interdependent/
Indivisible
Human Rights
Equality

20. Values that Connect & Reinforce
AUTONOMY
DIGNITY
INCLUSION
DEMOCRACY
SOCIAL JUSTICE
Human Rights
Equality
Values that Connect & Reinforce

21. Values in the Public Sector
IPA research (2008):
efficiency,
impartiality,
honesty,
loyalty,
risk-aversion,
equity,
hierarchy,
integrity,
accountability and fairness.

22. How to implement the Duty
A. Create the Conditions
Establish senior management working group to drive implementation
Training
Data systems to measure effectiveness
Participation of representative groups

23. How to implement the Duty
B. Establish the Organisational Values for Equality and Human Rights
Identify values held by organisation & agree definitions Establish senior management working group to drive implementation
C. Prepare an Equality and Human Rights Statement
Gather data across nine grounds & socioeconomic status
Identify objectives under each value
Establish human rights & equality issues under these objectives
Participation of representative groups

24. How to implement the Duty
D. Deploy the Equality and Human Rights Statement in
Preparing strategic plan
Managing work of organisation
Reporting on and evaluating work of organisation
Conducting employment equality & human rights reviews internally
Conducting service provision reviews
Implementing equality & human rights assessment on key policies

25. Discussion Piece What are we going to do next:
What should you do after this meeting?
What steps can you take collectively in relation to PSD in your area?
What supports will be needed to ensure Civil Society can play an active role in shaping how PSD is implemented?

26. Role of Civil Society? Create awareness of duty
Create demand for implementation
Build links with other community groups
Offer expertise to public bodies
Contact IHREC