| From | Equality and Human Rights Commission <[email protected]> |
| Subject | News from the Equality and Human Rights Commission |
| Date | February 1, 2024 9:19 AM |
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News from the Equality and Human Rights Commission
If you have trouble accessing this email, please use the web version [ [link removed] ]
Cymraeg [link removed]
News from the Equality and Human Rights Commission
Thursday 1 February 2024
Welcome to the Equality and Human Rights Commission's monthly newsletter.
In this edition you will find a summary of our work throughout December 2023 and January 2024, including:
Highlights
Our consultation responses
Our regulatory actions
Our parliamentary briefings
Additional updates
Assessing equality and human rights in Britain: insights from the 2023 Monitor and key trends
In November we published the Equality and Human Rights Monitor 2023, a state of the nation report produced for Parliament every five years. This report provides decision makers with a comprehensive analysis of Britain’s equality and human rights landscape.
We have now published
Factsheets [link removed] , based on data from the Equality and Human Rights Monitor, which highlight some of the key trends in equality and human rights, within themes such as:
Education
Work
Living standards
Health
Justice and personal security
Participation
These factsheets highlight a mixed picture in the state of equality and human rights in Britain.
Read our factsheets on the state of equality and human rights in the UK [link removed]
Read the Equality and Human Rights Monitor [link removed]
Funding available for organisations to give evidence to the UN Human Rights Committee in Geneva
We are providing up to £7,000 for representatives of civil society organisations in Great Britain to provide in-person evidence to the UN Human Rights Committee (UNHRC) at its 140
Th session in Geneva on 11 March 2024.
This travel grant will enable human rights experts to participate in the Human Rights Committee’s examination of the UK’s compliance with the International Covenant on Civil and Political Rights (ICCPR).
This is a valuable opportunity for the successful applicant(s) to share evidence directly with the UN Human Rights Committee on the UK’s record on civil and political rights, to inform the Committee’s report and recommendations.
The deadline for application submissions is 5pm on 14 February 2024.
For more details and to request an application form, please contact
[email protected] [ mailto:[email protected] ].
Read about the UN session on the International Covenant on Civil and Political Rights [link removed]
Our consultations responses
Our statement on the Department for Education’s guidance for schools on gender questioning children
We recently responded to the Department for Education (DfE) consultation on new draft guidance for schools and colleges in England on gender questioning children.
While we were not involved in the development of this draft, we welcome its long-awaited publication, which represents a step towards clarifying the law in this complex and evolving area.
The guidance provides practical advice to schools and colleges in England, which we will carefully consider in detail, before responding to the Department for Education’s consultation in due course.
Read the DfE’s draft guidance for schools and colleges in England on gender questioning children [link removed]
Read our recently updated technical guidance for schools in England [link removed]
Workers’ rights: our response to proposals for hiring agency staff during strikes
We have responded to the Department for Business and Trade’s consultation on proposals to allow organisations to use agency workers to cover strike action.
The right to strike is a fundamental part of our democratic society. It is protected by both domestic and international law as part of the right to freedom of assembly and association.
In our response, we share our concerns that these proposals could interfere with the right to strike.
We urge the government to think carefully about the impacts these proposals will have on the equality and human rights of workers, the economy, and wider society.
Read our response to the Department for Business and Trade’s consultation [link removed]
Our guidance in response to the Home Office’s Consultation on Abortion Service Zones
We have provided guidance to the Home Office’s consultation on safe access zones around abortion services.
These zones would prohibit protests within 150 metres of abortion clinics or hospitals providing abortion services.
In
Our response [link removed] , we have outlined the equality and human rights considerations involved in implementing and enforcing these zones.
We urge the Home Office to take our recommendations into account to achieve a balanced approach that respects the rights of various groups.
Read our response to the Home Office consultation on safe access zones outside abortion clinics [link removed]
Recent consultation responses in Scotland
In December 2023,
We responded to the Scottish Government's consultation on the Education Bill provisions [link removed] . Our response recommended that any new Scottish qualifications body should be listed for the Public Sector Equality Duty and Scottish specific duties. It should also use the work the Scottish Qualifications Authority (SQA) delivered during their legal agreement with us as a model for future assessing impact practice.
We also
Responded to the Scottish Parliament's Health, Social Care and Sport Committee's call for views on the Abortion Services (Safe Access Zones) (Scotland) Bill [link removed] . Our response highlighted that whilst we support the purpose of the Bill and the principle of safe access or ‘buffer’ zones, we also recommend ways to ensure equality is considered for those with different protected characteristics.
Read our consultation response on Scotland’s Education Bill provisions [link removed]
Read our consultation response on the Abortion Services (Safe Access Zones) (Scotland) Bill [link removed]
Our regulatory actions
Intervention in legal case of boy held in solitary confinement
We intervened in a legal case in which a 15 year old boy with a serious mental health condition, who was held in solitary confinement, was subjected to 'inhuman or degrading treatment'.
Following a seven-year legal battle, the UK government has agreed that there was a breach of Article 3 of the European Convention on Human Rights, which states that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment'.
We intervened in the UK Supreme Court, after which the case proceeded to the European Court of Human Rights before reaching a friendly settlement.
Young Offenders Institutions must ensure that human rights are protected to prevent cases like this from happening again.
Read more about the legal intervention into the use of solitary confinement [link removed]
Ensuring children have support to challenge discriminatory exclusions from school
Too many children and young people in Britain face discrimination and barriers to opportunity, including prejudice and a lack of proper support in education settings.
Part of our work to tackle this is supporting legal cases to challenge discrimination in school exclusions.
We recently supported the case of Child X by funding
Just for Kids Law [link removed] to judicially review the Legal Aid Agency’s decision. Child X, who is black and disabled, successfully appealed against his exclusion from school at Independent Review Panel proceedings. However, they were unable to secure funding for legal representation through the Exceptional Case Funding (ECF) from the Legal Aid Agency.
The outcome of this case, which will go to Judicial Review ahead of Easter 2024, will play a crucial role in establishing the possibility of providing legal aid and representation for children during hearings, enabling them to challenge discriminatory decisions effectively.
Find out about the case on the Garden Court Chambers website [link removed]
Enforcing accessibility: public sector compliance with website and app regulations
As Britain’s equality and human rights regulator, we are responsible for enforcing the
Public Sector (Website and Mobile Applications) Accessibility Regulations 2018 [link removed] .
To make sure everyone can use their services, public sector organisations should always prioritise website and app accessibility.
If a public sector organisation fails to ensure that its website or mobile app fully complies with these regulations, it has failed to make a reasonable adjustment as required in law under the Equality Act 2010.
It’s important that public sector organisations are clear that a breach of these regulations will likely be considered an unlawful act.
Read the Public Sector (Website and Mobile Applications) Accessibility Regulations 2018 [link removed]
Read about how we work with public sector organisations to improve digital accessibility [link removed]
Our parliamentary briefings
Victims and Prisoners Bill – House of Lords second reading
Ahead of the Second Reading in the House of Lords for the Victims and Prisoners Bill, on 18 December 2023 we issued an updated briefing, reiterating our concern about provisions that would weaken protections for people in the UK.
The Human Rights Act has significantly strengthened human rights protections for people in the UK, and we urge Parliament not to weaken these protections by enabling its disapplication to legislation affecting certain groups of people.
We will continue to advise Parliament as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our second reading briefing on the Victims and Prisoners Bill [link removed]
Data Protection and Digital Information Bill - House of Lords second reading
Ahead of the House of Lords' Second Reading of the Data Protection and Digital Information Bill, which took place on 19 December 2023, we highlighted our concerns about the Bill’s potential to weaken individuals' data rights, including through the use of Artificial Intelligence.
Our advice focused on the following areas:
Safeguarding against unfair or discriminatory outcomes from automated decision-making
Strengthening personal data rights
Data protection impact assessments
Oversight of biometric data collection and surveillance cameras
DWP access to benefits claimants’ bank accounts
Personal data sharing by law enforcement.
We will continue to advise the House of Lords as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our briefing for the Data Protection and Digital Information Bill’s second reading [link removed]
Protecting human rights: examining the safety of theRwanda Bill in the UK legislative process
This month we submitted written evidence to the Joint Committee on Human Rights in support of their legislative examination of the Safety of Rwanda (Asylum and Immigration) Bill.
We also provided Peers with a briefing ahead of the Bill’s second reading in the House of Lords.
The Bill raises concerns as it poses a risk to the UK’s human rights legal framework and may breach international obligations.
By not applying certain sections of the Human Rights Act, the Bill could expose individuals to harm and breach their right to life, their rights to be free from torture and inhuman or degrading treatment, and their right to effective remedy.
Read our briefing for the Safety of Rwanda (Asylum and Immigration) Bill’s second reading in the House of Lords [link removed]
Additional updates
Celebrating Human Rights Day
On 10 December 2023 we celebrated Human Rights Day and the 75th anniversary of the 1948 Universal Declaration of Human Rights (UDHR). To mark the occasion, we posted a blog discussing the significance of the UDHR and reviewing our efforts in 2023 to protect human rights in the UK.
Read our blog for Human Rights Day 2023 [link removed]
Teaming up with European partners to protect human rights in the development of AI
In December, our Head of Policy attended an event on Artificial Intelligence (AI) held by the European Network of National Human Rights Institutions (ENNHRI).
This event gave us the opportunity to share experiences, knowledge and goals with our European counterparts. It is a key part of our role as NHRI in overseeing the use of AI.
Read more about ENNHRI's work on AI [link removed]
[link removed]
[link removed]
[link removed]
[link removed]
Privacy notice [link removed] Equality and Human Rights Commission Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Update [link removed]
If you have trouble accessing this email, please use the web version [ [link removed] ]
Cymraeg [link removed]
News from the Equality and Human Rights Commission
Thursday 1 February 2024
Welcome to the Equality and Human Rights Commission's monthly newsletter.
In this edition you will find a summary of our work throughout December 2023 and January 2024, including:
Highlights
Our consultation responses
Our regulatory actions
Our parliamentary briefings
Additional updates
Assessing equality and human rights in Britain: insights from the 2023 Monitor and key trends
In November we published the Equality and Human Rights Monitor 2023, a state of the nation report produced for Parliament every five years. This report provides decision makers with a comprehensive analysis of Britain’s equality and human rights landscape.
We have now published
Factsheets [link removed] , based on data from the Equality and Human Rights Monitor, which highlight some of the key trends in equality and human rights, within themes such as:
Education
Work
Living standards
Health
Justice and personal security
Participation
These factsheets highlight a mixed picture in the state of equality and human rights in Britain.
Read our factsheets on the state of equality and human rights in the UK [link removed]
Read the Equality and Human Rights Monitor [link removed]
Funding available for organisations to give evidence to the UN Human Rights Committee in Geneva
We are providing up to £7,000 for representatives of civil society organisations in Great Britain to provide in-person evidence to the UN Human Rights Committee (UNHRC) at its 140
Th session in Geneva on 11 March 2024.
This travel grant will enable human rights experts to participate in the Human Rights Committee’s examination of the UK’s compliance with the International Covenant on Civil and Political Rights (ICCPR).
This is a valuable opportunity for the successful applicant(s) to share evidence directly with the UN Human Rights Committee on the UK’s record on civil and political rights, to inform the Committee’s report and recommendations.
The deadline for application submissions is 5pm on 14 February 2024.
For more details and to request an application form, please contact
[email protected] [ mailto:[email protected] ].
Read about the UN session on the International Covenant on Civil and Political Rights [link removed]
Our consultations responses
Our statement on the Department for Education’s guidance for schools on gender questioning children
We recently responded to the Department for Education (DfE) consultation on new draft guidance for schools and colleges in England on gender questioning children.
While we were not involved in the development of this draft, we welcome its long-awaited publication, which represents a step towards clarifying the law in this complex and evolving area.
The guidance provides practical advice to schools and colleges in England, which we will carefully consider in detail, before responding to the Department for Education’s consultation in due course.
Read the DfE’s draft guidance for schools and colleges in England on gender questioning children [link removed]
Read our recently updated technical guidance for schools in England [link removed]
Workers’ rights: our response to proposals for hiring agency staff during strikes
We have responded to the Department for Business and Trade’s consultation on proposals to allow organisations to use agency workers to cover strike action.
The right to strike is a fundamental part of our democratic society. It is protected by both domestic and international law as part of the right to freedom of assembly and association.
In our response, we share our concerns that these proposals could interfere with the right to strike.
We urge the government to think carefully about the impacts these proposals will have on the equality and human rights of workers, the economy, and wider society.
Read our response to the Department for Business and Trade’s consultation [link removed]
Our guidance in response to the Home Office’s Consultation on Abortion Service Zones
We have provided guidance to the Home Office’s consultation on safe access zones around abortion services.
These zones would prohibit protests within 150 metres of abortion clinics or hospitals providing abortion services.
In
Our response [link removed] , we have outlined the equality and human rights considerations involved in implementing and enforcing these zones.
We urge the Home Office to take our recommendations into account to achieve a balanced approach that respects the rights of various groups.
Read our response to the Home Office consultation on safe access zones outside abortion clinics [link removed]
Recent consultation responses in Scotland
In December 2023,
We responded to the Scottish Government's consultation on the Education Bill provisions [link removed] . Our response recommended that any new Scottish qualifications body should be listed for the Public Sector Equality Duty and Scottish specific duties. It should also use the work the Scottish Qualifications Authority (SQA) delivered during their legal agreement with us as a model for future assessing impact practice.
We also
Responded to the Scottish Parliament's Health, Social Care and Sport Committee's call for views on the Abortion Services (Safe Access Zones) (Scotland) Bill [link removed] . Our response highlighted that whilst we support the purpose of the Bill and the principle of safe access or ‘buffer’ zones, we also recommend ways to ensure equality is considered for those with different protected characteristics.
Read our consultation response on Scotland’s Education Bill provisions [link removed]
Read our consultation response on the Abortion Services (Safe Access Zones) (Scotland) Bill [link removed]
Our regulatory actions
Intervention in legal case of boy held in solitary confinement
We intervened in a legal case in which a 15 year old boy with a serious mental health condition, who was held in solitary confinement, was subjected to 'inhuman or degrading treatment'.
Following a seven-year legal battle, the UK government has agreed that there was a breach of Article 3 of the European Convention on Human Rights, which states that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment'.
We intervened in the UK Supreme Court, after which the case proceeded to the European Court of Human Rights before reaching a friendly settlement.
Young Offenders Institutions must ensure that human rights are protected to prevent cases like this from happening again.
Read more about the legal intervention into the use of solitary confinement [link removed]
Ensuring children have support to challenge discriminatory exclusions from school
Too many children and young people in Britain face discrimination and barriers to opportunity, including prejudice and a lack of proper support in education settings.
Part of our work to tackle this is supporting legal cases to challenge discrimination in school exclusions.
We recently supported the case of Child X by funding
Just for Kids Law [link removed] to judicially review the Legal Aid Agency’s decision. Child X, who is black and disabled, successfully appealed against his exclusion from school at Independent Review Panel proceedings. However, they were unable to secure funding for legal representation through the Exceptional Case Funding (ECF) from the Legal Aid Agency.
The outcome of this case, which will go to Judicial Review ahead of Easter 2024, will play a crucial role in establishing the possibility of providing legal aid and representation for children during hearings, enabling them to challenge discriminatory decisions effectively.
Find out about the case on the Garden Court Chambers website [link removed]
Enforcing accessibility: public sector compliance with website and app regulations
As Britain’s equality and human rights regulator, we are responsible for enforcing the
Public Sector (Website and Mobile Applications) Accessibility Regulations 2018 [link removed] .
To make sure everyone can use their services, public sector organisations should always prioritise website and app accessibility.
If a public sector organisation fails to ensure that its website or mobile app fully complies with these regulations, it has failed to make a reasonable adjustment as required in law under the Equality Act 2010.
It’s important that public sector organisations are clear that a breach of these regulations will likely be considered an unlawful act.
Read the Public Sector (Website and Mobile Applications) Accessibility Regulations 2018 [link removed]
Read about how we work with public sector organisations to improve digital accessibility [link removed]
Our parliamentary briefings
Victims and Prisoners Bill – House of Lords second reading
Ahead of the Second Reading in the House of Lords for the Victims and Prisoners Bill, on 18 December 2023 we issued an updated briefing, reiterating our concern about provisions that would weaken protections for people in the UK.
The Human Rights Act has significantly strengthened human rights protections for people in the UK, and we urge Parliament not to weaken these protections by enabling its disapplication to legislation affecting certain groups of people.
We will continue to advise Parliament as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our second reading briefing on the Victims and Prisoners Bill [link removed]
Data Protection and Digital Information Bill - House of Lords second reading
Ahead of the House of Lords' Second Reading of the Data Protection and Digital Information Bill, which took place on 19 December 2023, we highlighted our concerns about the Bill’s potential to weaken individuals' data rights, including through the use of Artificial Intelligence.
Our advice focused on the following areas:
Safeguarding against unfair or discriminatory outcomes from automated decision-making
Strengthening personal data rights
Data protection impact assessments
Oversight of biometric data collection and surveillance cameras
DWP access to benefits claimants’ bank accounts
Personal data sharing by law enforcement.
We will continue to advise the House of Lords as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our briefing for the Data Protection and Digital Information Bill’s second reading [link removed]
Protecting human rights: examining the safety of theRwanda Bill in the UK legislative process
This month we submitted written evidence to the Joint Committee on Human Rights in support of their legislative examination of the Safety of Rwanda (Asylum and Immigration) Bill.
We also provided Peers with a briefing ahead of the Bill’s second reading in the House of Lords.
The Bill raises concerns as it poses a risk to the UK’s human rights legal framework and may breach international obligations.
By not applying certain sections of the Human Rights Act, the Bill could expose individuals to harm and breach their right to life, their rights to be free from torture and inhuman or degrading treatment, and their right to effective remedy.
Read our briefing for the Safety of Rwanda (Asylum and Immigration) Bill’s second reading in the House of Lords [link removed]
Additional updates
Celebrating Human Rights Day
On 10 December 2023 we celebrated Human Rights Day and the 75th anniversary of the 1948 Universal Declaration of Human Rights (UDHR). To mark the occasion, we posted a blog discussing the significance of the UDHR and reviewing our efforts in 2023 to protect human rights in the UK.
Read our blog for Human Rights Day 2023 [link removed]
Teaming up with European partners to protect human rights in the development of AI
In December, our Head of Policy attended an event on Artificial Intelligence (AI) held by the European Network of National Human Rights Institutions (ENNHRI).
This event gave us the opportunity to share experiences, knowledge and goals with our European counterparts. It is a key part of our role as NHRI in overseeing the use of AI.
Read more about ENNHRI's work on AI [link removed]
[link removed]
[link removed]
[link removed]
[link removed]
Privacy notice [link removed] Equality and Human Rights Commission Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Update [link removed]
Message Analysis
- Sender: Equality and Human Rights Commission
- Political Party: n/a
- Country: United Kingdom
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