Welcome/Croeso Human Rights and Housing 16 March 2010

Welcome/Croeso

Human Rights and Housing

16 March 2010

Setting the ContextAims:• To explore key features of human

rights and the Human Rights Act• To increase confidence in identifying

human rights issues• To consider taking a human rights

approach to your own work practices

Setting the Context

EHRC Human Rights Inquiry 20091. Lack of positive leadership2. Lack of knowledge & understanding3. Organisation culture & structure4. Using the language of human rights5. Lack of confidence and capacity6. Media reporting

Fact or Fiction

• The Human Rights Act did not provide new rights for travellers. Legal precedents and the 1976 RRA recognised Travellers’ need for homes, health and education.

Fact or Fiction

• Nilsen was denied access to the gay art book he requested by the Prison

Governor. The court established that there was not a breach of his human rights and the decision stood.

Fact or Fiction

• The Human Rights Act does not give any prisoner making a roof top or similar protest the right to the meal of his choice. The police responded to his refreshment request as part of the negotiating strategy.

Fact or Fiction

• UK governments have been bound by international law and the European Convention since 1953. The HRA has merely consolidated previously recognised basic rights and removed the need to go to the European Court.

Fact or Fiction

• It has brought about many positive changes in our law e.g.A v UK – physical punishment of childrenOsman v UK– protection from stalkingGoodwin v UK – transsexuals, have the right to marry

What are Human Rights?What are the key features of human rights and the HRA?

Who has responsibilities under the law?

Can they be taken away?

What values lie behind human rights?

Key Features

• All UK legislation to give effect to the rights contained in HRA

• They belong to everyone!

• They are a ‘floor not a ceiling’.

• Apply to the relationship between the state and the individual.

• Cannot be taken away – only

limited or restricted.

Who has responsibilities?

Public bodies such as

• Government and its agencies

• LA’s, social services, police etc

• BBC

• Private companies and charities when providing public services

• Individuals

What about housing associations?

• Those organisations performing ‘functions of a public nature’

Poplar HARCA v Donahue (2002)

Weaver v London and Quadrant Housing Trust (2008)

The Weaver case

• “ the management and allocation of housing stock is a function of public nature and that LQHT is to be regarded for relevant purposes as a public authority ”

Human Rights Values:Human rights seek to ensure that people are treated with fairness, respect, equality, dignity and autonomy in their everyday experience of public services

•Fairness•Respect•Equality•Dignity•Autonomy

Absolute or Not Absolute

•Absolute Rights – can never be interfered with

•Limited Rights – can be restricted in some, tightly defined circumstances

•Qualified Rights – the right of the individual has to be balanced against the rights of others

Group Exercise:

Absolute/Not Absolute?

•Consider the Articles contained in the list and discuss with colleagues on your table

•Decide the nature of each Article, ie Absolute, limited or qualified

•Provide examples for your decision

Group Exercise

• What are the articles that have most relevance to housing?

• What issues do they raise?

Article 3

•Prohibition of torture, inhuman & degrading treatment

Article 6

• Article 6: the right to a fair and public trial within a reasonable time

Article 8

•Respect for private and family life, home and correspondence:

•Protects four interests –• Family life• Private life• Home• Correspondence

Article 8 – private and family life:

•Private life is a right to ‘physical and psychological’ integrity•Includes participation in the life of the community•Right to form and maintain relationships (and to ongoing contact if the family is split up)

Article 8 – some issues:

•Right to a home?•The meaning of home•Homelessness•Housing allocations•Anti-social behaviour•Repairs and condition of the home

Article 8 – other uses:

•A right to peaceful and undisturbed enjoyment of that home

•Poor attention to confidentiality

Article 14

• the prohibition of discrimination in the enjoyment of convention rights

Also

• Article1, Protocol 1: the right to peaceful enjoyment of possessions and protection of property.

Defining a Human Rights approach:

•Underpinned by human rights values and the legal responsibilities of the HRA

•Explicit use of human rights values in policy, planning and delivery

Defining a human rights approach

• Empowerment of staff and service users

• Enabling meaningful participation

Defining a human rights approach

• A framework for balancing competing rights and duties and so encourage social responsibility

• Involves an institutional commitment to respect human rights

Challenges and opportunities

• What are the challenges/opportunities for taking this forward in relation to your own practice and inside your own organisation?

• What can be done to help you?

Policy and planning:

• Which human rights values are relevant?

• Whose rights are they?• Are our strategies, policies and plans expressly linked to human rights?

Accountability:

• Who is responsible for making sure that human rights are respected?

• Are there robust procedures in place for people who feel their rights are not being considered?

Empowerment:

• Are there mechanisms in place to inform people about their rights and responsibilities?

• Do staff and service users share a common understanding of human rights?

Participation and involvement:

• Do staff and service users have opportunities to be involved in decisions and policies that affect their human rights?

Benefits of a Human Rights approach:

• Improved quality of service• Increased person centred care• Less risk of complaints• Better decision making• More meaningful engagement

Barriers to embedding human rights

• Lack of leadership

• Lack of knowledge and understanding

• Lack of confidence and capacity

• Organisational culture and structure

• Using human rights language

• Media reporting

Final Thoughts:

“where after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory or the farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Eleanor Roosevelt

Further information

• Human Rights Inquiry

http://www.equalityhumanrights.com/human-rights/

• British Institute of Human Rights

www.bihr.org.uk

• NHS Wales CEHR

Group Exercise:

Value and Respect

Round Table Discussion:Think about a time when you have felt valued and respected when accessing a service. •What made you feel valued and respected? •What difference did it make to your experience?