enda What are Human rights? What Rights do we have in Guernsey? - - PowerPoint PPT Presentation

Eq Equality & Rights Org rganisa2on pre resenta2on Ag Agen enda

• What are Human rights?
• What Rights do we have in Guernsey?
• Why is the ERO a workstream of the Disability &

Inclusion Strategy?

• Possible funcCons of an ERO
• The Paris Principles
• Models of EROs

Presenter: Rob PlaHs MBE

What are Huma man Rights?

The Universal DeclaraCon of Human Rights (UDHR) 1948

Wha What ar t are e Huma man Ri Rights? ?

Human rights are principles of morality founded on non- discrimination and self determination, which:

• are universal,
• inherent, inalienable,
• interdependent and interrelated, and

they

• place a duty on every person, every

government and every organisation to promote respect, and have empathy, for the rights of others.

Cl Classific fica2on

• n
• f
• f r

rights

• Human rights (Civil and political) –

including, for example, the right to:

• Right to life and liberty
• freedom of thought, conscience and

expression

• right to marry and respect for family life
• be free from discrimination (with respect to

the other rights)

• Social, cultural and economic rights –

including, for example, the right:

• to participate in culture
• to employment and fair conditions of

employment

• to an adequate standard of living
• to education

Ri Rights giv given en effect effect : :

• The European Convention on

Human Rights (1950)

• The European Social Charter (1961)
• International Covenant on Economic,

Social and Cultural Rights (1966)

Ri Rights giv given en effect effect: :

• The European Convention on

Human Rights (1950)

• The European Social Charter (1961)
• The International Covenant ob

Economic, Social and Cultural Rights.

• The European Court of Human

Rights

• Domestic legislation (to free the

ECHR and to allow challenge of individuals and non Gov.

• rganisations)

What rights do we have in Guernsey?

Perhaps not the correct quesCon…

• The Human Rights (Bailiwick of

Guernsey) Law, 2000

• The PrevenCon of DiscriminaCon

(Enabling Provisions) (Bailiwick of Guernsey) Law, 2004

• The Sex DiscriminaCon

(Employment) (Guernsey) Ordinance, 2005

• What about socio economic rights?

Why is the ERO a workstream of the Disability & Inclusion Strategy?

Enquiries/Complaints to EROs involving disability are dispropor2onate

Canada complaints 45% (> 15 GC) Canada enquiries 50% NZ complaints 31% (15 GC) Australia complaints 37% (5 GC) Australia enquiries 50% UK enquiries:

Disability

70% Race 11% Sex 11% Age 3% Other 5%

*GC = Grounds of complaint

Advice and media2on is 10 - 15% more successful at resolving complaints rela2ng to disability discrimina2on than complaints involving other grounds of discrimina2on.

Possible func2ons

• f an ERO
• Independent monitoring mechanism
• Awareness raising, adtude change

Awareness raising & AStude Change

“Educa&on shall be directed to the full development of the human personality and to the strengthening

• f respect for human rights and

fundamental freedoms”

Extract from Universal Declara2on of Human

Rights Ar2cle 26

Possible func2ons

• f an ERO
• Independent monitoring mechanism
• Awareness raising, adtude change
• Provision of informaCon, advice and

signposCng

• Developing standards and guidelines
• Training employers and service providers
• Pursuing class acCons
• Enforcement - Issue warnings/improvement

noCces

• Handling complaints:
• Gate keeper/assessor
• Referral to Tribunal/Court
• Administrator/record keeper
• MediaCon/ArbitraCon

Who are poten2al users of ERO services?

• Employees and Employers
• Customers and suppliers of

goods and services

• The States of Guernsey
• EducaConal establishments
• NGOs, ChariCes, Clubs

The Paris Principles

• Mandate and competence: a broad

mandate based on universal human rights standards;

• Autonomy from Government;
• Independence guaranteed by statute or

consCtuCon;

• Pluralism, including through

membership and/or effecCve cooperaCon;

• Adequate resources;
• Adequate powers of invesCgaCon

Models of EROs

• Human Rights Commission
• Human Rights Ombudsman
• Single focus ERO (e.g. Disability or

Race)

• MulCple InsCtuCons (example: Finland

Human Rights Centre)

• Hybrid InsCtuCons (HR + other

concerns)

• ConsultaCve and advisory bodies

EROs aim to

Promote and Protect Human Rights

• PopulaCon 33,897
• 237 enquiries 25 complaints

(2012)

• Budget £350,000
• 5 Commissioners
• Staff of 8:
• The Commission has heavy focus
• n educaCon.
• Most complaints seHled by mediaCon,
• therwise referred to Board of AdjudicaCon
• Mission: “The Yukon Human Rights

Commission promotes equality and diversity through research, educa=on and enforcement of the Yukon Human Rights Act “

Prince Edward Island HRC

• PopulaCon 138,000
• 1,800 Enquiries in 2012 + 65 complaints

filed

• Budget £285,000
• 6 Commissioners
• Staff of 4:
• Most complaints seHled by mediaCon,
• therwise seHled by panel of HR

Commissioners.

• Key message: “Human Rights:

Everyone’s Responsibility”

Possible Guernsey ERO Objec2ve

"A Guernsey society which accommodates diversity in human form, functioning, status and belief and which values, respects, promotes and protects human rights."

Possible push backs to increasing the profile of human rights in Guernsey?

Rights V Responsibili2es

• Cases such as the deportaCon of Abu

Qatada challenge the inalienability of human rights .