News from the Equality and Human Rights Commission |
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New Commissioners appointed in December and January
Three new Commissioners have been appointed to the Equality and Human Rights Commission in December and January, as announced by the Government Equalities Office.
Bringing a wealth of skills and experience, the new Commissioners are: - Arif Ahmed MBE
- Kunle Olulode MBE
- Joanne Cash
Our Chairwoman Baroness Kishwer Falkner said of the appointments:
“The Equality and Human Rights Commission plays a vital role in tackling discrimination and promoting and upholding equality and human rights in Britain. Following these recent appointments I am confident the diversity of our Board will ensure we continue to fulfil this commitment.”
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Our statement on the Bill of Rights The Human Rights Act has substantially improved human rights and access to justice for people in the UK. We are deeply concerned about the impact that the Bill of Rights would have on these protections.
Pending a date being set for the Bill's second reading, we have given evidence to the Joint Committee on Human Rights highlighting a number of concerns.
We have serious concerns that the Bill, if passed without amendments, would: - weaken the protection of human rights in the UK
- reduce access to redress for breaches of human rights
- have unwelcome implications in relation to balancing rights in the context of freedom of expression
- have constitutional implications, including for the Union and devolution
It is vital that the government upholds the fundamental principles of the human rights framework that protects us all, in particular the universality of human rights, and we will continue to engage with the UK government to strengthen equality and human rights across Britain. |
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Our statement following the announcement of the Conversion Practices Bill
We welcomed the announcement of the Conversion Practices Bill by the UK government earlier this month.
Conversion practices are harmful and we have long supported their ending both in relation to sexual orientation and being transgender.
In line with our response to their consultation last year, we are pleased that the government recognises that it needs carefully to define its terms, so that legitimate medical support is not caught by the ban, and religious freedoms are protected.
We are also pleased to see the plans for Parliament to conduct comprehensive scrutiny of the legislation, which we recommended. This will ensure, not only that harmful practices are prevented, but also that those affected by them can receive the advice and support they need.
We will carefully consider the draft legislation so that we, and Parliament, can properly assess the human rights implications for all people affected by the proposals. |
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Public Order Bill – House of Lords Report Stage
Earlier this month, the government tabled further amendments to the Public Order Bill.
These amendments would give the police the power to step in and stop protests before any disruption has taken place; and the ability to group multiple protests and act based on their cumulative impact. These new amendments also broaden the definition of ‘serious disruption’, meaning a wider range of peaceful protest activities, such as ‘slow marching’, could be restricted by the police.
We have previously expressed concerns that measures in the Public Order Bill may have a chilling effect on the right to freedom of expression. These new amendments have the potential to enable the police to block peaceful protest or to shut down non-disruptive protests.
We recognise the need to strike a balance between the ability to protest and the freedom of others to go about their daily lives. However, the measures in the Bill will shift the existing balance of rights struck to further restrict people’s freedoms to peacefully express their views.
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Online Safety Bill – House of Lords
Second Reading
The Online Safety Bill is a much needed piece of legislation, which puts in place a regulatory framework for online search and user-to-user services. It’s primary aims are to tackle the spread of illegal content online, and to ensure children are kept safe. It also creates a range of new criminal offences that address harmful content and behaviours facilitated by online services.
We support these aims. However, the Bill has significant implications for fundamental rights. In particular, we are concerned that the Bill does not sufficiently protect the right to freedom of expression, guaranteed by Article 10 of the European Convention on Human Rights (ECHR).
We are also concerned about the impact of some of the provisions on Article 8 of the ECHR, the right to respect for private and family life, home and correspondence. |
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Joint call for Scotland’s colleges and universities to address inequalities
We have come together with the Scottish Funding Council (SFC) to identify the most persistent inequalities in Scotland’s colleges and universities and pave the way for their removal.
Our new joint report, published this month, is the first time national equality outcomes have been agreed in partnership between a sector body and Britain’s equality regulator.
Equality outcomes are results that public bodies should aim to achieve to address inequality and discrimination and improve people’s life chances. The outcomes set out in this report target improvements to the retention, representation and success of students and staff with a range of protected characteristics, as well as the procedures, services and support that colleges and universities should offer them to address any discrimination or disadvantage.
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Gender Recognition Reform (Scotland) Bill
As Britain’s equality regulator, we have engaged in detail on the Gender Recognition Reform (Scotland) Bill that was passed by the Scottish Parliament in December. We remain ready to continue to advise both the UK and Scottish parliaments on equality law and human rights, which fall within our remit.
We have set out our analysis of the cross-border implications of the Bill for the operation of the Equality Act 2010 in briefings and letters to Scottish parliamentarians and the UK government and we will continue to provide independent expert advice on relevant equality and human rights issues, in line with our statutory duty. |
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Our report on the state of children's rights in Britain On the International Day of Education 2023, we published our latest report to the UN Committee on the Rights of the Child (UN CRC).
This report calls on the UK and Welsh Governments to prioritise children’s rights and take action to protect them from the devastating effects of the pandemic and the rising cost of living, which are exacerbating existing inequalities, and impacting on children’s rights, well-being and futures.
Our report shows that more children risk being pushed into poverty, mental health is deteriorating and children continue to face multiple forms of violence and abuse, including online. The report also highlights our concerns around the impact of the pandemic on education, and the treatment of children in the youth justice system. |
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UK Fourth Cycle Universal Periodic Review (UPR)
- join the conference
Last year we commissioned Birmingham City University’s (BCU) Centre for Human Rights to empower and support civil society through the Universal Periodic Review (UPR) process, which holds the UK and Welsh governments to account for their human rights obligations.
On Friday 17 February 2023, the UPR Project at BCU will be hosting an in-person conference in Birmingham to bring civil society organisations (CSOs) together to maximise engagement with and impact in the UPR process.
The sessions will develop CSOs' capacity; provide networking and collaboration opportunities; and give a clear direction for CSOs' engagement following the UK's fourth UPR. |
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Monitoring human rights in the digital world: sharing our work internationally At the end of last year we were invited to showcase our flagship Human Rights Tracker at the Geneva Human Rights Platform’s 2022 Annual Conference.
The Geneva Human Rights Platform, hosted by the Geneva Academy, provides a forum for organisations around the world working in human rights to debate issues about the international human rights system. The theme of this year’s conference was On/Off: Implications of Digital Connectivity on Human Rights.
We were invited to take part in a round table discussion on digital human rights tracking tools based on the Tracker’s reputation as good practice. We were pleased to speak alongside digital human rights experts from around the world, particularly as addressing the equality and human rights impact of digital services and artificial intelligence is a priority in our current strategic plan. |
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New report empowers civil society to uphold human rights across England and Wales
In September we funded a project by Just Fair which saw the organisation prepare an independent shadow report for the UN Committee on Economic, Social and Cultural Rights (CESCR), on behalf of civil society in England and Wales.
Just Fair's recently published report looks at how well people's economic, social and cultural rights are protected in the UK and includes issues such as the right to housing, to health and to education - essential condition for a life of dignity and freedom.
Through this project, Just Fair empowered and supported civil society to hold the UK Government to account and as the National Human Rights Institution (NHRI) for England and Wales. As Britain’s National Equality Body, we are proud to support Just Fair in this important work to monitor human rights. |
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Section 23 agreement with
Jaguar Land Rover concludes
We have concluded our legally-binding section 23 agreement with Jaguar Land Rover, after the car manufacturer improved its policies and practices in relation to equality and diversity.
We entered into an agreement with Jaguar Land Rover following the Employment Tribunal case of Ms R Taylor v Jaguar Land Rover where it was found that the organisation had failed to protect Ms Taylor from harassment, discrimination and victimisation on the grounds of gender reassignment.
Our agreement committed Jaguar Land Rover to implementing a robust action plan to protect its staff by improving its policies and practices in relation to equality and diversity. Jaguar Land Rover has taken real action to make its workplaces environments where employees are protected from harassment from their colleagues and we are pleased that we can now conclude the agreement.
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Section 23 agreement with East of England Ambulance Service Trust (EEAST) concludes We have concluded our legally-binding section 23 agreement with East of England Ambulance Service Trust (EEAST), after the organisation has improved its policies and practices to protect its staff from sexual harassment.
In early 2021 we established the agreement with EEAST, after an inspection by the Care Quality Commission (CQC) found it had not done enough to address serious incidents of sexual abuse against both patients and staff.
We will continue to monitor EEAST’s progress, working with our fellow regulator CQC. |
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Our response to the High Court judgment on AAA and others -v- Secretary of State for the Home Department
On 19 December 2022, the High Court judged that the government’s migration and economic development partnership policy is compatible with the UK’s obligations under international and domestic law.
We remind all public bodies discharging immigration functions to comply with the Public Sector Equality Duty set out in the Equality Act 2010, as well as with the Human Rights Act 1998.
Following careful consideration of the High Court judgment, we released a statement identifying four specific issues that we will press the Home Office to address.
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Research into barriers faced by those challenging social care decisions in Scotland
This month we published research which revealing that some adults receiving social care in Scotland have broadly negative experiences of challenging decisions about their care. An accompanying survey of local authorities also uncovers inconsistencies in the complaints process across Scotland.
The research was commissioned to explore how well the current system works for those who want to challenge social care decision making. It identifies potential improvements to current processes, and will inform our approach to ensuring equality is embedded in the development of Scotland’s new National Care Service.
This research is specific to Scotland and was undertaken separately from our statutory inquiry into challenging decision-making in adult social care in England and Wales, which is due to be published this year. |
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