The Human Rights Act (HRA)

Size: px
Start display at page:

Download "The Human Rights Act (HRA)"

Transcription

1 The Human Rights Act (HRA)

2 The Human Rights Act (HRA) This factsheet is part of our Your rights range. It is written for people who want to know more about the Human Rights Act 1998 and how it might help people with hearing loss. We also give information about the United Nations Convention on the Rights of Persons with Disabilities ('UN Disability Convention'). Read on to find out: What is the HRA? What is the purpose of the HRA? Which organisations does the HRA apply to? What does the HRA cover? How are cases brought under the HRA? How does the HRA differ from the Equality Act 2010? What is the UN Disability Convention on the Rights of Persons with Disabilities? Where can I get further information? If you would like this factsheet on audio tape, in Braille or in large print, please contact our helpline see front page for contact details. Disclaimer This information is not legal advice and you should not rely on it as such. You should consider taking independent legal advice from a solicitor or other qualified legal adviser. Action on Hearing Loss does not accept any liability for any action or failure to act, which you or anyone else may or may not take on the basis of the information contained in this factsheet. What is the HRA? The HRA confirms the basic human rights in the European Convention of Human Rights ( the European Convention ). This was agreed by European countries after the atrocities of the Second World War. It sets out fundamental rights to enable people to lead their lives with dignity, in freedom, and in a safe environment where people respect each other without fear of discrimination. These rights include the right to life, the right to be free from inhuman or degrading treatment, the right to a fair trial, the right to privacy and to family life, the right to education, and other rights. The HRA allows people to claim the rights given by the European Convention in the UK courts. Before the HRA came into force, if people believed their human rights under the European Convention had been breached, they had to go to the European Court of Human Rights in Strasbourg, France. This could take a long time and be quite complicated. Human Rights Act (HRA), Action on Hearing Loss Information, May

3 The HRA means that the European Convention now applies directly to all laws, including laws that came into force before The HRA also affects the way public authorities work, and the courts have to take the European Convention into consideration when deciding cases. What is the purpose of the HRA? The HRA aims to protect people's human rights. It does this by saying that: Public authorities must respect European Convention rights in all that they do. Victims can raise complaints in any existing procedure or may start proceedings under the HRA. UK courts must interpret the law in line with people's rights under the European Convention. New legislation must follow the principles of the European Convention. If a court decides that a particular piece of legislation is incompatible, it can make a 'declaration of incompatibility'. This tells parliament that the legislation does not fit with the European Convention. Which organisations does the HRA apply to? The HRA applies to public authorities. Public authorities include government departments, local authorities, courts, schools, hospitals, GP surgeries, prisons, public libraries and many more. The HRA also covers any organisation that has public functions, which means that the organisation has responsibilities to the public. Examples of organisations with public functions include the BBC and regulatory bodies such as Ofcom, the telecommunications watchdog. A regulatory body is an organisation that oversees a particular sector to make sure that companies in the sector are providing consumers with value for money and good service. The HRA also covers some activities that private organisations carry out for a public authority. For example, these activities could include providing security services to government. This now includes private and voluntary sector organisations providing residential care services that are funded by local authorities. The HRA does not cover the activities of private companies that do not carry out any public functions. Some organisations have a mixture of public and private functions, depending on their activities. For example, doctors in general practice would be public authorities in relation to their NHS functions, but not in relation to their private clients. It is important to be clear about what activity we are looking at when considering whether the HRA applies. What does the HRA cover? The HRA covers different types of human rights. Some rights are absolute. This means that they cannot be restricted. For example, the freedom from torture is an absolute right. It means that torture is never allowed. Human Rights Act (HRA), Action on Hearing Loss Information, May

4 Other rights are limited rights. These can be restricted in some situations. The right to liberty is a limited right. That means that the state can send people to prison or schools can place a detention on a pupil if necessary. Some human rights are qualified rights. This means that the right of the individual has to be balanced against the rights of others or in the interests of the wider community. For example, freedom of speech should never be used to make hateful comments about disabled people if that harms their safety and security. In this section we look at those rights that are relevant to people with hearing loss. Article 14: prohibition of discrimination Article 14 says that all the articles and the protocols under the European Convention have to be enjoyed without discrimination. This should include discrimination on the grounds of disability, including loss of hearing. It can also cover other grounds, for example, homelessness. Article 14 is not a freestanding right. It has to be combined with one of the other articles or protocols. For example, a person who is deaf could use Article 14 combined with Article 12 if they were refused fertility treatment because of their hearing loss. Example prohibition of discrimination If a person with hearing loss is not provided with communication support for their trial for example, a British Sign Language (BSL)/ English interpreter this could be a breach of Article 6 and could also be discrimination under Article 14. Article 14 is important because it can be used to support a claim that another European Convention right has been breached. Article 2: right to life Under Article 2, a public authority must do what it can to protect a person's life if the public authority is responsible for that person. Article 2 often works alongside Article 3 (freedom from inhuman or degrading treatment), particularly in relation to a person's right to access healthcare. Example right to life Article 2 can apply to the way that social services and healthcare services are provided to people with hearing loss. For example, if a local authority decided to close a residential care home, which then put the life of an elderly resident at risk, then this might be a breach of Article 2. Article 3: prohibition on torture Article 3 says that 'no one should be subjected to torture or to inhuman or degrading treatment'. Inhuman and degrading treatment can be defined quite narrowly. Not all poor or abusive treatment will be covered; ill treatment will usually have to be very severe to be covered by Article 3. Human Rights Act (HRA), Action on Hearing Loss Information, May

5 Example prohibition on inhuman or degrading treatment People with hearing loss may be attacked or insulted because of their hearing loss. If they are bullied by someone who works for a public authority, or if this bullying is done where the public authority could be expected to protect them from bullying, then this may be unlawful under the HRA. For example, if a social services department does not stop a resident of a care home being seriously abused, then Article 3 may apply. It may also cover a person with hearing loss who is in prison where they are not provided with any communication support and become isolated because of this. This might also be a breach of Article 14 (non-discrimination), and could involve issues under the Equality Act. Further examples prohibition on inhuman or degrading treatment Having medical treatment taken away or refused may breach Articles 2 or 3. Funding restrictions or a total refusal to provide treatment or community care services may also breach Articles 2 and 3. This could be a breach of community care law and could also be a breach of the Equality Act. For more information, see our range of factsheets on the Equality Act. If a sign language user with hearing loss is handcuffed from behind by the police or prison authorities, then this means that the person cannot communicate. This may be a breach of Article 3 if the arrest was unlawful or it was not reasonable in the circumstances to use handcuffs. This may also be a breach of Article 5 (right to liberty and security). Article 5: right to liberty and security Article 5 says that everyone has the right to liberty or freedom. This means that a person should not be kept by police or arrested without a good reason. It also means that no public authority can restrict a person's liberty without a good reason. Example right to liberty and security This could be relevant if a person is being kept in a residential care home against their wishes, or if they are placed in a care home rather than being allowed to live in the community. The HRA may affect people who have mental health issues and are kept in secure conditions for their own safety. The way that the police operate can be covered by Article 5, and may also involve Article 3. Article 5 says that anyone who is arrested has to be told as soon as possible, in a language they understand, why they have been arrested. This is an important issue for people who communicate using BSL. In 2003, the UK government recognised BSL as a language in its own right. Article 6: right to a fair trial Article 6 is the right to a fair trial, and applies to criminal and civil (non-criminal) trials. Article 6 says that for both criminal and civil cases, everyone has the right to a fair hearing. A hearing is when the court or tribunal makes a decision about the case. This is supposed to take place within a reasonable Human Rights Act (HRA), Action on Hearing Loss Information, May

6 time. This means that the case should be dealt with without unnecessary delay. The hearing must be in public, unless there is a good reason to restrict it; for example, if intimate details of people's private lives are being discussed, or to protect the interests of any children involved in the case. The court or tribunal must still give a reasoned judgment and do this in public. Article 6 also says that any tribunal must be independent and impartial, and has to be properly created by law, for example, the County Court or the Social Security Appeal Tribunal. This means that if you need to go to court, or someone takes you to court, the case should be dealt with by a court or tribunal that has the authority to deal with your case. Article 6 says that each person or party in a case should have the same rights as the other side: this is called 'equality of arms'. For example, if someone is charged with a criminal offence, they have the right to legal advice, which must be free if they cannot afford to pay. People also have the right to ask questions of any witness and to have enough time to prepare for the case. Example right to a fair trial One of the most important rights in Article 6 is the right to have a free interpreter if you cannot understand the language used in court. In this situation, 'interpreter' can also mean other forms of communication support, such as a lipspeaker, speech-to-text reporter or electronic notetaker, as well as a BSL/ English interpreter. Although this is in the part of Article 6 that only deals with criminal trials, it can apply to civil trials as well. Article 6 could be used alongside the Equality Act, as this requires courts and tribunals to make reasonable adjustments so that disabled people can properly bring and defend cases. For example, people with hearing loss who need communication support, such as a BSL/ English interpreter or lipspeaker, must have this provided free to them. When a person is accused of a crime, they have the right to be told quickly and in a language that they understand. So, for example, a person with hearing loss might need to be told in BSL what they are accused of. Article 6 may also give a person with hearing loss the right to a BSL/ English interpreter or other communication support when getting legal advice from a solicitor in a police station, or if they are appearing in court. Article 6 could have an impact on courts that hold 'paper hearings' as it says that everyone has the right to an oral (spoken) hearing. A 'paper hearing' is when the court decides what action to take in a case without having any discussions, although the people or parties involved may have written to the court to give their views. An oral hearing is when the people involved in the case go to the court and there is a discussion in court with the opportunity for them to ask questions and give information. Human Rights Act (HRA), Action on Hearing Loss Information, May

7 Article 6 could also mean that the government may have to give legal help in social security (benefits) and community care hearings. And it could cover situations where it has taken a long time for the case to be heard. Article 8: right to respect for private and family life Article 8 gives a person a right to respect for their privacy, private life, family life and home. Example privacy Privacy includes the right for a person to access information relating to their private life. This could include access to social services records, medical records and information about health hazards and risks in a particular area. Public authorities will sometimes be able to justify why they do not provide access to these records. It also means that public authorities cannot give other people information about you unless this is necessary. They must normally ask your permission first. Family life The right to respect for family life could be used where a person in a residential care home is prevented from having contact with their family. Example family life If a social worker decides to take children into care rather than enabling a parent with hearing loss to attend a parenting course (because they think that the parents can't look after the child owing to their hearing loss), then the HRA could be used to challenge that decision. The court would then look at the safety of the child, the importance of family life, the ability to provide a parenting course and other factors. Home The right to a home could be relevant if people with hearing loss are being harassed by their neighbours. It could also be used if a local authority decides to close down a care home. The right to a home could apply if a person is not housed in a suitable place, or if the local authority refuses to make or allow changes to the person's home. Article 8 could be used to challenge the actions, including a failure to act, by central or local government for example, to provide community care services or health care. Local authorities have duties towards disabled people, and Article 8 may be relevant to these duties. There is an overlap with the Equality Act, as it too covers services provided by public authorities. Article 10: freedom of expression Article 10 says that everyone has the right to freedom of expression. This means that a person has the freedom to have their own opinions. Freedom of expression also includes a person's right to receive information and to give information to other people. Human Rights Act (HRA), Action on Hearing Loss Information, May

8 Example freedom of expression The Equality Act requires public authorities to make sure that any information provided by them is accessible to people with hearing loss. This could include information held by libraries and museums; for example, exhibitions should be accessible. People with hearing loss must also be able to make their views known to a public authority; for example, at public meetings or MPs' surgeries. Article 10 could be used to reinforce complaints brought under the Equality Act. Article 11: freedom of assembly and association Article 11 gives people the right to hold meetings, marches and demonstrations in public places. However, the group of people must be peaceful and the public authority can say that you have to get permission to hold your gathering. The public authority can also impose restrictions on the meeting, march or demonstration; for example, if there is likely to be a serious disturbance, or to protect the rights and freedoms of other people. Example freedom of assembly and association Article 11 may protect people with hearing loss from unfair treatment from the police while taking part in marches and demonstrations. Article 12: the right to marry and to have a family Article 12 gives men and women the right to marry and to have a family. Example freedom to have a family Article 12 might be useful for people with hearing loss who are not treated fairly by their health authority for example, if a person with hearing loss or a couple with hearing loss are refused fertility treatment because of their hearing loss. Article 12 might apply if a woman is told to end her pregnancy because her baby has, or may have, hearing loss. It would also be relevant if a person is told that they should be sterilised because of their hearing loss. And Article 12 may protect a person with hearing loss who is not believed to be suitable as an adoptive parent because of their hearing loss. Article 8 can be relevant to issues under Article 12. Protocol 1: Article 1: protection of property Article 1 aims to ensure that a person's belongings are not unfairly interfered with. Article 1 guarantees a person's right to be able to enjoy their possessions, but there are two exceptions: The government can take those possessions away in some circumstances. In some situations, the government can control how someone uses their possessions. Human Rights Act (HRA), Action on Hearing Loss Information, May

9 A person's belongings could include benefits and equipment provided for a person because of their hearing loss. Example protection of property Article 1 may be useful if the government reduces or ends a benefit that people with hearing loss used to receive. For example, a young person living with their parents is provided with equipment by their local social services department. When that young person moves out of the parental home, they may have to give the equipment back. If social services do not give the person the same kind of equipment they used to have, then they may be able to use Article 1 to get the necessary equipment from social services. In some circumstances, the rights under Article 8 may be relevant to issues affecting property under Article 1 of Protocol 1. Protocol 1: Article 2: right to education Article 2 gives people a right to educational facilities and to benefit from that education. It is unlikely that Article 2 could be used by parents to insist that their child is taught in a particular language, for example, in English or in BSL, or to choose a particular school, such as a mainstream or a special school. Failure to provide special facilities for special needs children may not be a failure to provide education. Cases at the European Court of Human Rights have shown that national governments have a lot of power in this area. Example how to use the right to education Article 2 combined with Article 14 may be used to protect a child with hearing loss who is bullied at school or who is not allowed to take part in school activities, such as trips or sports events, because of their hearing loss. The Equality Act includes rights in relation to education. It may be possible to use Article 2 and Article 14 when bringing a case under the Equality Act. Protocol 1: Article 3: right to free elections Article 3 provides the right to take part in elections, including the right to vote and stand in elections. Example right to free elections It may be useful for people with hearing loss who have difficulty accessing information about elections, perhaps because the information is not available in BSL. In some circumstances, issues covered by Article 3 may also be affected by the rights under Articles 10 and 14; for example, the accessibility of information. Human Rights Act (HRA), Action on Hearing Loss Information, May

10 How are cases brought under the HRA? The HRA may make a difference to you in a number of areas. If you think that you might have a case under the HRA, you should get legal advice. There are two ways to bring a case involving the HRA: 1. You can bring a case specifically under the HRA. That is done through a 'judicial review'. 2. You can raise an HRA issue in any case, even if it has not specifically been brought under the HRA. To bring a case under the HRA, you must be a 'victim' of an unlawful act. A victim can be an individual, organisation or company. An 'indirect victim' can bring a claim if they are a close relative of the victim, if they have suffered some injury as well and the 'victim' is unable to continue the claim. You have to bring a case within one year of the unlawful act by the public authority. The court can extend this if it thinks that is fair. However, in some cases the time limit will be less than a year. For example, if the case is a 'judicial review', the time limit is three months. A judicial review is where the Administrative Court examines a decision made by a public body, such as a government department. The Administrative Court will look at a number of issues, including whether the public body acted irrationally or unreasonably. It can be quite difficult to prove a case at judicial review. Where a case is successful, a court can make any remedy that it thinks is right. This could include awarding money, ordering the public authority to do something or to stop doing something, or just saying that the actions of the public authority are not right. The higher courts for example, the Court of Appeal, High Court or the Court of Session (Scotland) can make a 'declaration of incompatibility'. This is where the court says that an Act of Parliament goes against one or more of the European Convention rights. The government can then alter the law so that it fits in with the European Convention. You can raise an issue under the HRA in any case, even if it has not been specifically brought under the HRA. In all cases, all courts and tribunals have to consider the relevance of the HRA and the European Convention rights. Courts and tribunals are public authorities, meaning the HRA applies to them as well. How does the HRA differ from the Equality Act? The Equality Act is a practical tool to fulfil human rights. For instance, the duty to make reasonable adjustments helps public authorities to deliver equality, and this is reinforced by the Public Sector Equality Duty. Human Rights Act (HRA), Action on Hearing Loss Information, May

11 Example human rights and reasonable adjustment duty A doctor discusses different treatment options with a patient with hearing loss. She needs to communicate effectively so that the person with hearing loss can make an informed decision. This is important because if the doctor does not enable a patient to make an informed decision, this may be degrading treatment. There would be no respect for a person s dignity or their ability to make decisions (autonomy), which puts the patient in an unequal position. Under the Equality Act, the doctor makes a reasonable adjustment, which is the use of appropriate communication support. Further example human rights and reasonable adjustment duty Without the HRA, it might be deemed a reasonable adjustment to use a child as an interpreter (for example, a son or daughter) if it overcomes the communication barrier. However, this scenario raises issues of privacy and family life under the HRA and is therefore unlikely to be allowed as a reasonable adjustment. There are also situations where the HRA may be a more useful tool. For example, the HRA also applies to situations where there is no less favourable treatment because a service is specifically aimed at people with hearing loss, such as social services for people with hearing loss. What is the UN Disability Convention on the Rights of Persons with Disabilities? The UK government ratified the UN Convention on the Rights of Persons with Disabilities on 8 June It commits the UK government to respecting and promoting human rights for disabled people, including people with hearing loss. For example, it requires our government to promote accessible information and communication. The UN Disability Convention does not give individuals new rights. However, disabled people and their organisations can get involved in the monitoring and implementation of the UN Disability Convention and use it to influence local services or national policy. It can also be used to support cases under the HRA and the Equality Act. The UK government has signed the Optional Protocol. This means two things: Individuals or groups of individuals can bring petitions to the UN Committee that has been established to monitor implementation of the UN Disability Convention if they believe that their rights under the convention have been breached. The UN Committee can undertake inquiries if they believe that there may be grave or systematic violations of UN Disability Convention rights. For more details, see the Equality and Human Rights Commission and Office for Disability Issues contact details on the next page. Human Rights Act (HRA), Action on Hearing Loss Information, May

12 Where can I get more information? It will not always be easy to understand the exact effect of the HRA or what to do about it in a particular situation. In many cases, you will need to get legal advice. The Equality and Human Rights Commission (EHRC) Provide free information to people about human rights and may be able to take legal action. They have also published a guide to the UN Disability Convention, which is available on their website. England: Freepost RRLL-GHUX-CTRX, Arndale House, Arndale Centre, Manchester M4 3EQ Telephone Textphone Fax Scotland: Freepost RRLL-GYLB-UJTA, The Optima Building, 58 Robertson Street, Glasgow G2 8DU Telephone Textphone Fax Wales: Freepost RRLR-UEYB-UYZL, 3rd Floor, 3 Callaghan Square, Cardiff CF10 5BT Telephone Textphone Fax British Institute of Human Rights (BIHR) Support people to use human rights principles and standards to improve their own lives and as a tool for organisations to develop more effective public policy and practice. The BIHR does not provide advice to individuals or take up individuals legal cases. Development House, Leonard St, London EC2A 4LT Telephone info@bihr.org.uk The Human Rights Act: Our Stories website (coordinated by BIHR) Ministry of Justice The Ministry of Justice is responsible for developing human rights policy. Their website has information for the general public and for public authorities about what the HRA should do and how public authorities should behave under the HRA. Office for Disability Issues Works across government to ensure equality becomes a reality for disabled people. Their website has information about the UN Disability Convention. Human Rights Act (HRA), Action on Hearing Loss Information, May

13 Advice and representation Citizens Advice Your local Citizens Advice will give free advice. See your phonebook for your nearest bureau or do an online search at: (England and Wales) (Scotland) (Northern Ireland) The Disability Law Service (DLS) Provides free legal advice to disabled people and representation where appropriate. Ground Floor, Cavell Street, London E1 2BP Telephone Textphone Fax Law centres Law centres provide free advice and representation. The Law Centres Federation (LCF) can give you the details of your local law centre. Law Centres Federation, Kentish Town Road, London NW5 2TJ Telephone Fax Liberty Can give you free legal advice. 21 Tabard Street, London SE1 4LA Telephone or Public advice service Advice line: or Further information from Action on Hearing Loss Our helpline offers a wide range of information on many aspects of hearing loss. You can contact us for further copies of this factsheet and our full range of factsheets and leaflets see the cover page for contact details. Action on Hearing Loss Information, May 2011 The Royal National Institute for Deaf People. Registered Office: Featherstone Street, London EC1Y 8SL. A company limited by guarantee registered in England and Wales No , Registered Charity Numbers (England and Wales) and SC (Scotland). Human Rights Act (HRA), Action on Hearing Loss Information, May

The Equality Act 2010 a summary guide

The Equality Act 2010 a summary guide The Equality Act 2010 a summary guide The Equality Act 2010 a summary guide This factsheet is part of our Your rights range. You will find it useful if you are a person with hearing loss and want to find

More information

How is the Human Rights Act relevant to people with learning disabilities?

How is the Human Rights Act relevant to people with learning disabilities? British Institute of Learning Disabilities Campion House Green Street Kidderminster DY10 1JL Telephone 01562 723010 enquiries@bild.org.uk www.bild.org.uk Factsheet Human Rights Act Summary The Human Rights

More information

The Equality Act 2010 a summary guide

The Equality Act 2010 a summary guide Factsheet Your rights The Equality Act 2010 a summary guide You ll find this factsheet useful if you want an outline of how the Equality Act 2010 protects people who are deaf or have a hearing loss from

More information

A Guide to the Human Rights Act

A Guide to the Human Rights Act A Guide to the Human Rights Act A booklet for People with Learning Disabilities Human Rights Human Rights Illustrations by CHANGE Picture Bank What s inside This booklet,..................................1

More information

A life like any other?

A life like any other? A life like any other? Human Rights and Adults with Learning Disabilities An Easy Read Summary of a Report by the Joint Committee on Human Rights What is in this booklet Page 1. Introduction 1 2. What

More information

Child-Friendly Text UN Disability Convention DRAFT 13 September 2007. UNICEF The Victor Pineda Foundation

Child-Friendly Text UN Disability Convention DRAFT 13 September 2007. UNICEF The Victor Pineda Foundation Child-Friendly Text UN Disability Convention DRAFT 13 September 2007 UNICEF The Victor Pineda Foundation 1 Contents Getting started About this document About the Convention What are your rights? How your

More information

Equality with Human Rights Analysis Toolkit

Equality with Human Rights Analysis Toolkit Equality with Human Rights Analysis Toolkit The Equality Act 2010 and Human Rights Act 1998 require us to consider the impact of our policies and practices in respect of equality and human rights. We should

More information

The Equality Act 2010 a guide for employees

The Equality Act 2010 a guide for employees The Equality Act 2010 a guide for employees The Equality Act 2010 a guide for employees This factsheet is part of our Your rights range. It is written for people with hearing loss who are in work or looking

More information

A guide for health professionals on how to report a doctor to the GMC

A guide for health professionals on how to report a doctor to the GMC A guide for health professionals on how to report a doctor to the GMC This booklet gives doctors, medical directors, clinical governance managers and other health professionals advice on what action they

More information

Your Human Rights A guide for refugees and asylum seekers

Your Human Rights A guide for refugees and asylum seekers Your Human Rights A guide for refugees and asylum seekers Please note that this guide is not legal advice. If you need advice please see the Useful contacts section for sources of information and advice.

More information

Equality and Human Rights Impact Assessment (EqHRIA) Standard Operating Procedure

Equality and Human Rights Impact Assessment (EqHRIA) Standard Operating Procedure Equality and Human Rights Impact Assessment (EqHRIA) Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication

More information

Equal marriage What the government says

Equal marriage What the government says Equal marriage What the government says Easy Read Document Important This is a big booklet, but you may not want to read all of it. Look at the list of contents on pages 3, 4 and 5. It shows what is in

More information

Person Centred Support A Guide for Service Users

Person Centred Support A Guide for Service Users Person Centred Support A Guide for Service Users Useful information for service users who got involved in The Standards We Expect project about person centred support March 2008 Written by Peter Beresford,

More information

The Equality Act 2010 what is meant by disability?

The Equality Act 2010 what is meant by disability? Factsheet Your rights The Equality Act 2010 what is meant by disability? You ll find this factsheet useful if you want to know how the Equality Act defines disability and whether the Act protects you from

More information

THE AFRICAN COMMISSION HUMAN AND PEOPLES' RIGHTS INFORMATION SHEET NO.2 GUIDELINES FOR THE SUBMISSION OF COMMUNICATIONS ORGANISATION OF AFRICAN UNITY

THE AFRICAN COMMISSION HUMAN AND PEOPLES' RIGHTS INFORMATION SHEET NO.2 GUIDELINES FOR THE SUBMISSION OF COMMUNICATIONS ORGANISATION OF AFRICAN UNITY THE AFRICAN COMMISSION HUMAN AND PEOPLES' RIGHTS INFORMATION SHEET NO.2 GUIDELINES FOR THE SUBMISSION OF COMMUNICATIONS ORGANISATION OF AFRICAN UNITY This Information Sheet is published by the Secretariat

More information

A GUIDE TO CRIMINAL INJURIES COMPENSATION

A GUIDE TO CRIMINAL INJURIES COMPENSATION A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

How do I complain about the service I get from the Child Support Agency? Information and guidance

How do I complain about the service I get from the Child Support Agency? Information and guidance How do I complain about the service I get from the Child Support Agency? Information and guidance What is this leaflet about? This leaflet explains how you can make a complaint about the service you have

More information

Making sense of human rights

Making sense of human rights Making sense of human rights A short introduction Introduction This guide is designed for officials in public authorities to assist them in working with the Human Rights Act 1998 which has been described

More information

Rethink 2008 www.rethink.org. the mental health act. essential information for parents and carers

Rethink 2008 www.rethink.org. the mental health act. essential information for parents and carers Rethink 2008 www.rethink.org the mental health act essential information for parents and carers 1 About Rethink Rethink, the leading national mental health membership charity, works to help everyone affected

More information

Benefits and services for deaf and hard of hearing people

Benefits and services for deaf and hard of hearing people Benefits and services for deaf and hard of hearing people 2 About this leaflet This leaflet is written for deaf people who would like to find out about benefits and services. We use the term deaf people

More information

ways you can settle a dispute without going to court; what happens if the dispute does go to court; and what happens next.

ways you can settle a dispute without going to court; what happens if the dispute does go to court; and what happens next. EX301 I m in a dispute - what can I do? For people who are in a dispute About this leaflet This leaflet is for people involved in a disagreement or dispute with another person, a company or organisation.

More information

Dealing with disputes at work

Dealing with disputes at work Factsheet 70 November 2013 About this factsheet This factsheet is aimed at older people who are in work and covers information on dealing with a dispute with an employer, including taking legal action.

More information

A GUIDE TO FAMILY LAW LEGAL AID

A GUIDE TO FAMILY LAW LEGAL AID A GUIDE TO FAMILY LAW LEGAL AID Important new rules in relation to legal aid were introduced on 1 April 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). This legal guide

More information

Your rights and entitlements How to get the support you need if you have a hearing loss CONFUSED BY BENEFITS

Your rights and entitlements How to get the support you need if you have a hearing loss CONFUSED BY BENEFITS Your rights and entitlements How to get the support you need if you have a hearing loss CONFUSED BY BENEFITS In this leaflet we tell you how to get the benefits, equipment and services you re entitled

More information

Liberty s Briefing: Forced Marriage (Civil Protection) Bill

Liberty s Briefing: Forced Marriage (Civil Protection) Bill Liberty s Briefing: Forced Marriage (Civil Protection) Bill January 2007 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations.

More information

Are you a child who has come to the UK from another country?

Are you a child who has come to the UK from another country? Are you a child who has come to the UK from another country? Find out about children s rights in the UK and who can help you Hello If you are a child who s come to the UK from another country, this booklet

More information

CB7. Guide for separated parents: children and the family courts. Help with deciding what should happen with your children

CB7. Guide for separated parents: children and the family courts. Help with deciding what should happen with your children CB7 Guide for separated parents: children and the family courts Deciding what should happen to your children when you and your partner have split up can be difficult. You might not be able to agree who

More information

New Zealand Bill of Rights Act 1990

New Zealand Bill of Rights Act 1990 Reprint as at 1 July 2013 New Zealand Bill of Rights Act 1990 Public Act 1990 No 109 Date of assent 28 August 1990 Commencement see section 1(2) Contents Page Title 2 1 Short Title and commencement 3 Part

More information

Make and register your lasting power of attorney a guide

Make and register your lasting power of attorney a guide LP12 Make and register your lasting power of attorney a guide Financial decisions including: running your bank and savings accounts making or selling investments paying your bills buying or selling your

More information

I ve got a maintenance order but it s not being paid

I ve got a maintenance order but it s not being paid EX327 I ve got a maintenance order but it s not being paid Can this leaflet help me? This leaflet can help you if you have a maintenance order from a county court and the person who was ordered to pay

More information

For people who want to take a dispute to court

For people who want to take a dispute to court EX302 How do I make a court claim? For people who want to take a dispute to court About this leaflet This leaflet is for people who want to take a claim to court. It explains: how to prepare your court

More information

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality

More information

How to complain about a doctor

How to complain about a doctor How to complain about a doctor Wales This booklet is for patients in Wales. Our procedures are the same throughout the UK, but healthcare and support organisations do vary. We have therefore also produced

More information

The United Nations Convention on the Rights of People with Disabilities

The United Nations Convention on the Rights of People with Disabilities Equality and Human Rights Commission Guidance The United Nations Convention on the Rights of People with Disabilities What does it mean for you? A guide for disabled people and disabled people s organisations

More information

Your health, your rights Feedback and complaints: how to have a say about your care and have any concerns and complaints dealt with

Your health, your rights Feedback and complaints: how to have a say about your care and have any concerns and complaints dealt with Your health, your rights Feedback : how to have a say about your care and have any concerns and complaints dealt with Who is this factsheet for and what is it about? This factsheet is for anyone who uses

More information

Human Rights. Resource Pack

Human Rights. Resource Pack 1 Human Rights Resource Pack 2 What s in this pack? Sections Pages Important Notes Page 3 What s it all about? Page 4 Why the Human Rights Act? Page 6 Who we are and what we do Page 9 What are human rights?

More information

Making the most of the Equality Act 2010

Making the most of the Equality Act 2010 A guide for children and young people in England Making the most of the Equality Act 2010 Making the most of the Equality Act 2010 Summary The Children s Rights Alliance for England (CRAE) knows that children

More information

Code of Practice: Mental Health Act 1983

Code of Practice: Mental Health Act 1983 Code of Practice: Mental Health Act 1983 Easy Read version What is in this booklet About this booklet About the Mental Health Act About the Code of Practice Why the Code of Practice needs to change How

More information

JOINT STATEMENT BY HER MAJESTY S ATTORNEY GENERAL AND THE LORD ADVOCATE

JOINT STATEMENT BY HER MAJESTY S ATTORNEY GENERAL AND THE LORD ADVOCATE JOINT STATEMENT BY HER MAJESTY S ATTORNEY GENERAL AND THE LORD ADVOCATE HANDLING OF TERRORIST CASES WHERE THE JURISDICTION TO PROSECUTE IS SHARED BY PROSECUTING AUTHORITIES WITHIN THE UK STATEMENT OF SHARED

More information

The code: Standards of conduct, performance and ethics for nurses and midwives

The code: Standards of conduct, performance and ethics for nurses and midwives The code: Standards of conduct, performance and ethics for nurses and midwives We are the nursing and midwifery regulator for England, Wales, Scotland, Northern Ireland and the Islands. We exist to safeguard

More information

EX306. The small claims track in the civil courts. About this leaflet. If your dispute has gone to court. Important information about this leaflet

EX306. The small claims track in the civil courts. About this leaflet. If your dispute has gone to court. Important information about this leaflet EX306 The small claims track in the civil courts If your dispute has gone to court About this leaflet This leaflet is for people involved in a dispute that has gone to court and the claim has been allocated

More information

Prison Law Team. Leading prison lawyers. We re and we believe everyone has the right to justice and for their voice to be heard.

Prison Law Team. Leading prison lawyers. We re and we believe everyone has the right to justice and for their voice to be heard. We re and we believe everyone has the right to justice and for their voice to be heard. Prison Law Team Leading prison lawyers The firm has a burgeoning prison practice and has been handling an increasing

More information

This Constitution establishes the principles and values of the NHS in England.

This Constitution establishes the principles and values of the NHS in England. NHS Constitution 1 Introduction The NHS is founded on a common set of principles and values that bind together the communities and people it serves patients and public and the staff who work for it. This

More information

Benefits and services

Benefits and services Benefits and services Are you getting the benefits you re entitled to? Our vision is of a world where deafness or hearing loss do not limit or determine opportunity, and where people value their hearing.

More information

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 Members will have heard me speak previously, in this chamber and elsewhere, of the opportunities that the devolution of justice

More information

You ve reported a crime so what happens next?

You ve reported a crime so what happens next? You ve reported a crime so what happens next? This booklet tells you what you can expect from the Criminal Justice System, and explains: what happens now how to get advice and support your rights where

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

More information

Guidance on health and character

Guidance on health and character Guidance on health and character Who is this document for?... 2 About the structure of this document... 2 Section 1: Introduction... 4 About us (the HPC)... 4 How we are run... 5 About registration...

More information

War Pensions and priority health treatment for veterans

War Pensions and priority health treatment for veterans War Pensions and priority health treatment for veterans War Pensions and priority health treatment for veterans This factsheet is part of our Benefits range. You will find it useful if you became deafened

More information

There to help. Paper B: Legislation Review. Police and Criminal Evidence Act 1984 (PACE) PACE Codes of Practice

There to help. Paper B: Legislation Review. Police and Criminal Evidence Act 1984 (PACE) PACE Codes of Practice Police and Criminal Evidence Act 1984 (PACE) The PACE system is divided into the Act itself, the Codes of Practice which are not law and the Notes for Guidance which are technically not part of the Codes

More information

CRIMINAL LAW & YOUR RIGHTS MARCH 2008

CRIMINAL LAW & YOUR RIGHTS MARCH 2008 CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,

More information

The support you should get if you are a victim of crime

The support you should get if you are a victim of crime The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

How to complain about a doctor. England

How to complain about a doctor. England How to complain about a doctor England This booklet is for patients in England. Our procedures are the same throughout the UK, but healthcare and support organisations do vary. We have therefore also produced

More information

5. The Model Strategies and Practical Measures are aimed at providing de jure and de

5. The Model Strategies and Practical Measures are aimed at providing de jure and de MODEL STRATEGIES AND PRACTICAL MEASURES ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN IN THE FIELD OF CRIME PREVENTION AND CRIMINAL JUSTICE 1. The multifaceted nature of violence against women suggests

More information

Making a complaint Information Guide

Making a complaint Information Guide Making a complaint Information Guide This guidance is to assist disabled people and / or their family members who feel they may have received a less favourable service (discrimination) due to their disability.

More information

Police Officers who Commit Domestic Violence-Related Criminal Offences 1

Police Officers who Commit Domestic Violence-Related Criminal Offences 1 PUBLIC DOCUMENT Association of Chief Police Officers of England, Wales and Northern Ireland Police Officers who Commit Domestic Violence-Related Criminal Offences 1 This is an ACPO policy relating to police

More information

The Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 EXECUTIVE SUMMARY. (LAW COM No 269)

The Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 EXECUTIVE SUMMARY. (LAW COM No 269) The Law Commission BAIL AND THE HUMAN RIGHTS ACT 1998 (LAW COM No 269) EXECUTIVE SUMMARY Introduction BAIL AND THE HUMAN RIGHTS ACT 1998 EXECUTIVE SUMMARY 1. This report concerns the impact of the Human

More information

nationalcarestandards

nationalcarestandards nationalcarestandards dignity privacy choice safety realising potential equality and diversity SCOTTISH EXECUTIVE Making it work together nationalcarestandards dignity privacy choice safety realising potential

More information

Please see the attached document which contains this information.

Please see the attached document which contains this information. Freedom of Information Request Reference No: I note you seek access to the following information: I would be grateful if you could please forward details of your Policies regarding Police Officer Misconduct,

More information

How to complain about a doctor

How to complain about a doctor How to complain about a doctor Scotland This booklet is for patients in Scotland. Our procedures are the same throughout the UK, but healthcare and support organisations do vary. We have therefore also

More information

Amnesty International What Is A Fair Trial?

Amnesty International What Is A Fair Trial? Amnesty International What Is A Trial? Introduction A fair trial is a right that all the people of the world are entitled to according to the Universal Declaration on Human Rights. But what makes a trial

More information

How to use a solicitor in England and Wales

How to use a solicitor in England and Wales How to use a solicitor in England and Wales Easy Read Do you need a solicitor? Solicitors give advice about the law. They are experts and can help you understand your rights and solve different legal problems

More information

Information for registrants. What happens if a concern is raised about me?

Information for registrants. What happens if a concern is raised about me? Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns

More information

How to complain about a doctor

How to complain about a doctor How to complain about a doctor England This booklet is for patients in England. Our procedures are the same throughout the UK, but healthcare and support organisations do vary. We have therefore also produced

More information

A guide for employers

A guide for employers A guide for employers Contents 01 Contents A guide for employers 02 Discrimination the new law explained 05 Other relevant legisltation 13 02 The Equality Act 2010 and cancer how it affects you A guide

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

ILPA response to Inquiry into Asylum Support for Children and Young People

ILPA response to Inquiry into Asylum Support for Children and Young People ILPA response to Inquiry into Asylum Support for Children and Young People Annexe 1 Caselist The cases below are drawn from ILPA s February 2010 response evidence to the Ministry of Justice consultation

More information

Asylum Advice Post Decisions Refusal

Asylum Advice Post Decisions Refusal Asylum Advice Post Decisions Refusal Asylum Advice - part of the Migrant Help organisation Section 4B: Post Decisions - Refusal This section explains what happens if your application is refused. If you

More information

Witness information. Investigations

Witness information. Investigations Witness information Investigations We are the nursing and midwifery regulator for England, Wales, Scotland, Northern Ireland and the Islands. We exist to safeguard the health and wellbeing of the public.

More information

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2]

Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Abusive Behaviour and Sexual Harm (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 ABUSIVE BEHAVIOUR Abusive behaviour towards partner or ex-partner 1 Aggravation of offence where abuse

More information

Principles of Good Administration

Principles of Good Administration Principles of Good Administration Principles of Good Administration Good administration by public bodies means: 1 Getting it right 2 Being customer focused 3 Being open and accountable 4 Acting fairly

More information

New medicines in Scotland

New medicines in Scotland NHS SCOTLAND New medicines in Scotland who decides what the NHS can provide? What is this factsheet about? This factsheet explains the process that medicines go through before NHS doctors in Scotland can

More information

Personal beliefs and medical practice

Personal beliefs and medical practice You can find the latest version of this guidance on our website at www.gmc-uk.org/guidance. Published 25 March 2013 Comes into effect 22 April 2013 Personal beliefs and medical practice 1 In Good medical

More information

The Children and Families Act 2014

The Children and Families Act 2014 The Children and Families Act 2014 Part 3: Children and young people with special educational needs and disabilities A briefing from the Council for Disabled Children About this guide This is an overview

More information

Easy Read summaryummary

Easy Read summaryummary Easy Read summaryummary Mental Capacity Act 2005 - A Summary Mental capacity means being able to make your own decisions The Mental Capacity Act 2005 will help people to make their own decisions. The Mental

More information

European Court of Human Rights. Questions & Answers

European Court of Human Rights. Questions & Answers European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document

More information

Statement of Purpose. Child Protection/Safeguarding Service

Statement of Purpose. Child Protection/Safeguarding Service Statement of Purpose Child Protection/Safeguarding Service 1. What we do Child Protection/Safeguarding is part of the South Eastern HSC Trust s Children s Services which provides services to ensure the

More information

Northern Ireland. www.courtsni.gov.uk. Coroners Inquest. serving the community through the administration of justice

Northern Ireland. www.courtsni.gov.uk. Coroners Inquest. serving the community through the administration of justice Northern Ireland www.courtsni.gov.uk Coroners Inquest serving the community through the administration of justice 2 SERVING THE COMMUNITY THROUGH THE ADMINISTRATION OF JUSTICE serving the community through

More information

Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS

Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS ABSTRACT Rights of the defendant in criminal proceedings are guaranteed by the Constitution and the Criminal Procedure Code of Kosovo,

More information

Thinking about using a hidden camera or other equipment to monitor someone s care?

Thinking about using a hidden camera or other equipment to monitor someone s care? Thinking about using a hidden camera or other equipment to monitor someone s care? FEBRUARY 2015 We are the Care Quality Commission. Our job is to inspect health and social care services such as your local

More information

Resolving problems and making a complaint about NHS care in Wales

Resolving problems and making a complaint about NHS care in Wales Factsheet 66w January 2013 Resolving problems and making a complaint about NHS care in Wales About this factsheet This factsheet explains the approach to handling complaints about National Health Service

More information

A court claim has been made against me what should I do?

A court claim has been made against me what should I do? EX303 A court claim has been made against me what should I do? For people whose dispute has been taken to court About this leaflet This leaflet is for people who have received a claim against them. It

More information

Travel insurance. 2010 fact sheet. Getting travel insurance

Travel insurance. 2010 fact sheet. Getting travel insurance 2010 fact sheet Macmillan and Cancerbackup have merged. Together we provide free, high quality information for all. Travel insurance People who have cancer, or have had cancer in the past, can find it

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

Response to Northern Ireland Court Service Consultation on the Provision of In-Court Interpretation Services. April 2010

Response to Northern Ireland Court Service Consultation on the Provision of In-Court Interpretation Services. April 2010 Response to Northern Ireland Court Service Consultation on the Provision of In-Court Interpretation Services April 2010 Introduction 1. The Equality Commission for Northern Ireland ( The Equality Commission

More information

Making a complaint. The difference between making a complaint and clinical negligence

Making a complaint. The difference between making a complaint and clinical negligence Macmillan and Cancerbackup have merged. Together we provide free, high quality information for all. Making a complaint This fact sheet is for people who want to make a complaint because they re unhappy

More information

Making Think Autism Work

Making Think Autism Work Making Think Autism Work How local councils and the NHS should use our plans for people with autism 19 Please tell us what you think before the 19th December 2014. Easy Read version of: Consultation on

More information

1. Glossary Some information in this factsheet is quite technical. This glossary gives an explanation of some of the phrases and words that are used:

1. Glossary Some information in this factsheet is quite technical. This glossary gives an explanation of some of the phrases and words that are used: Nearest Relative This factsheet looks at the role of the nearest relative. This is a term used in the Mental Health Act. It covers who someone s nearest relative would be, what the nearest relative s rights

More information

If you have been raped or sexually assaulted abroad

If you have been raped or sexually assaulted abroad If you have been raped or sexually assaulted abroad This leaflet is aimed at anyone who usually lives in Scotland and has been, or still is, travelling abroad. supported by the Scottish Government About

More information

A GUIDE TO DIVORCE. The law

A GUIDE TO DIVORCE. The law A GUIDE TO DIVORCE Deciding that your marriage has ended can be very difficult. If you are not sure whether your marriage is at an end, there are relationship counselling services which may be useful in

More information

Submission to the Access to Justice Review

Submission to the Access to Justice Review Submission to the Access to Justice Review Summary In this submission, the Human Rights Commission responds to a consultation on reforming the legal aid system. We stress the need to ensure that legal

More information

The Care Record Guarantee Our Guarantee for NHS Care Records in England

The Care Record Guarantee Our Guarantee for NHS Care Records in England The Care Record Guarantee Our Guarantee for NHS Care Records in England Introduction In the National Health Service in England, we aim to provide you with the highest quality of healthcare. To do this,

More information

The NHS Constitution

The NHS Constitution for England 27 July 2015 2 The NHS Constitution The NHS belongs to the people. It is there to improve our health and wellbeing, supporting us to keep mentally and physically well, to get better when we

More information

Protecting children and young people

Protecting children and young people Protecting children and young people The responsibilities of all doctors The duties of a doctor registered with the General Medical Council Patients must be able to trust doctors with their lives and health.

More information

Swedish Code of Statutes

Swedish Code of Statutes Swedish Code of Statutes Act on criminal responsibility for genocide, crimes against humanity and war crimes SFS 2014:406 Published 11 June 2014 issued on 28 May 2014. In accordance with a decision by

More information

Information for victims of crime

Information for victims of crime This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or

More information

There are other sections that may be used to detain the patient without consent, which are described in later sections of this booklet.

There are other sections that may be used to detain the patient without consent, which are described in later sections of this booklet. L12 Understanding the Mental Health Act Information for Patients/Relatives and Carers What happens when a patient is detained in hospital? Usually two doctors will examine and assess the patient not necessarily

More information