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

Human rights are principles of morality founded on non- discrimination and self determination, which: • are universal, • inherent, inalienable, What ar Wha t are e • interdependent and interrelated , and they Huma man • place a duty on every person, every Rights? Ri ? government and every organisation to promote respect , and have empathy, for the rights of others.

• 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) Classific Cl fica2on on • Social, cultural and economic rights – of r of 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

• The European Convention on Ri Rights Human Rights (1950) • The European Social Charter (1961) giv given en • International Covenant on Economic, Social and Cultural Rights (1966) effect effect : :

• The European Convention on Human Rights (1950) • The European Social Charter (1961) • The International Covenant ob Rights Ri Economic, Social and Cultural Rights. given giv en • The European Court of Human Rights effect: effect : • Domestic legislation (to free the ECHR and to allow challenge of individuals and non Gov. organisations)

Perhaps not the correct quesCon… • The Human Rights (Bailiwick of Guernsey) Law, 2000 What • The PrevenCon of DiscriminaCon rights do (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004 we have in Guernsey? • The Sex DiscriminaCon (Employment) (Guernsey) Ordinance, 2005 • What about socio economic rights?

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

Canada complaints 45% (> 15 GC) Canada enquiries 50% NZ complaints 31% (15 GC) Australia complaints 37% (5 GC) Australia enquiries 50% Enquiries/Complaints UK enquiries: to EROs involving Disability 70% disability are Race 11% dispropor2onate 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.

• Independent monitoring mechanism • Awareness raising, adtude change Possible func2ons of an ERO

“ Educa&on shall be directed to the full development of the human Awareness personality and to the strengthening of respect for human rights and raising & fundamental freedoms” AStude Change Ext ract from Universal Declara2on of Human Rights Ar2cle 26

• Independent monitoring mechanism • Awareness raising, adtude change • Provision of informaCon, advice and signposCng • Developing standards and guidelines • Training employers and service providers Possible • Pursuing class acCons func2ons • Enforcement - Issue warnings/improvement noCces of an ERO • Handling complaints: Gate keeper/assessor • • Referral to Tribunal/Court Administrator/record keeper • MediaCon/ArbitraCon •

• Employees and Employers Who are • Customers and suppliers of goods and services poten2al • The States of Guernsey users of ERO • EducaConal establishments services? • NGOs, ChariCes, Clubs

• Mandate and competence: a broad mandate based on universal human rights standards; • Autonomy from Government; • Independence guaranteed by statute or The Paris consCtuCon; • Pluralism, including through Principles membership and/or effecCve cooperaCon; • Adequate resources; • Adequate powers of invesCgaCon

EROs aim to Promote and Protect Human Rights • Human Rights Commission • Human Rights Ombudsman • Single focus ERO (e.g. Disability or Race ) Models of • MulCple InsCtuCons (example: Finland EROs Human Rights Centre) • Hybrid InsCtuCons (HR + other concerns) • ConsultaCve and advisory bodies

• PopulaCon 33,897 • 237 enquiries 25 complaints (2012) • Budget £350,000 • 5 Commissioners • Staff of 8 : • The Commission has heavy focus on educaCon. • Most complaints seHled by mediaCon, otherwise 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 “

• PopulaCon 138,000 • 1,800 Enquiries in 2012 + 65 complaints filed Prince • Budget £285,000 • 6 Commissioners Edward • Staff of 4: Island • Most complaints seHled by mediaCon, otherwise seHled by panel of HR HRC Commissioners. • Key message : “Human Rights: Everyone’s Responsibility”

Possible "A Guernsey society which accommodates diversity in Guernsey human form, functioning, ERO status and belief and which values, respects, promotes Objec2ve 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 .