Equality & Rights Alliance Workshops on Public Sector Duty Equality & Rights Alliance Workshops on Public Sector Duty Damien Walshe Equality and Rights Alliance

Agenda Introductions What is the Public Sector Duty?- act, who is covered, the role of IHREC Discussion: Working with Public Bodies- what are the current challenges and what are we working towards? Integrating human rights & Equality Values How to implement the Duty What is the role of Civil Society Next steps Brief introduction to PSD, introduction of integration of equality & human rights- open up to discussion

The Equality Rights Alliance Formed in 2008 as response to cuts in Equality & Human Rights Infrastructure Coalition of 170 individuals, Civil Society groups & unions Mission is to defend and strengthen the equality and human rights statutory infrastructure Published “A New Public Sector Equality & Human Rights Duty” March 2015 Working group on Public Sector Duty formed in March 2016 Brief introduction to PSD, introduction of integration of equality & human rights- open up to discussion

What is A Public Sector Duty? Requires public bodies to take proactive steps to promote equality, protect human rights and prohibit discrimination (for employees and service users) Potential: Enhance the provision of quality, inclusive, accessible and accountable public services that can reduce inequalities and advance the fulfillment of human rights Reinforce and compliment current legislative model Drive cultural change Evidence-based outcomes for equality and human rights Proactive: going beyond simply avoiding discriminatory action or reacting to an incident of discrimination/human rights abuse.. To proactively considering how can we bring an equality/human rights focus to our policy-making, service design and delivery and monitoring, our procedures and so on. Many public bodies are already thinking and acting proactively to bring an equality focus to their work so it isn’t new for a lot of bodies. Building on good practice already happening Drive Cultural change: systematic approach to advancing equality dn human rights concerns so that it becomes core to how the org operates.. Bringing a consciousness of equality and human rights to the work so that it is seamlessly interwoven into all of the work – Not simply an add-on

IHREC Act 2014 S42 42(1) A public body shall, in the performance of its functions, have regard to the need to— (a) eliminate discrimination, (b) promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and (c) protect the human rights of its members, staff and the persons to whom it provides services. The current model is more reactive in nature in that it requires the occurrence of discrimination or human rights violations to trigger taking a case

IHREC Act 2014 S42 42(2) For the purposes of giving effect to subsection (1), a public body shall, having regard to the functions and purpose of the body and to its size and the resources available to it— set out in a manner that is accessible to the public in its strategic plan (howsoever described) an assessment of the human rights and equality issues it believes to be relevant to the functions and purpose of the body and the policies, plans and actions in place or proposed to be put in place to address those issues, and report in a manner that is accessible to the public on developments and achievements in that regard in its annual report (howsoever described).

Role of the IHREC Give guidance Issue guidelines, and The IHREC may: Give guidance Issue guidelines, and Prepare codes of practice on the duty.

Role of the IHREC Where the IHREC considers that there is evidence of a failure by a public body to perform its functions in a manner consistent with the duty and that it is appropriate in all the circumstances to do so, the Commission may invite the public body to— carry out a review in relation to the performance by that body of its functions under the duty, or prepare and implement an action plan in relation to the performance by that body of its functions under the duty. Or Both

The Duty in Practice Duty obliges public bodies to focus on: Policy making, service design & internal procedures. Policy implementation, service delivery & internal practices Evaluation, review & monitoring of policies, services and internal operations

Opportunity & Challenge Potential for Ireland to set a standard for the operation of a combined public sector duty Coherent set of demands from Civil Society Challenge: Avoiding a siloed approach – Equality / Human Rights Setting right level of ambition for the duty

Discussion Piece Where we are at: Civil Society Engagement with Public Bodies What is the relationship between representative organisations and public bodies? What are the challenges in working on equality and human rights issues with Public Bodies?

Discussion What are trying to achieve? What do we want from our public services (what is our vision for Public Services in Ireland?) How do we communicate that?

Integration of Equality & Human Rights Traditionally a focus on activism Mobilizing & organizing people who experience inequality & discrimination Work with specific groups on the basis of their identity & status in society Looks at institutional & structural sources of inequality Focus on social change & Alternative forms of society

Integration of Equality & Human Rights Traditional focus has been individual & legalistic Traditionally a focus on watchdog & monitoring State legally bound to deliver on obligations to rights holders (individuals) Significant focus on utilizing UN & EU reporting & courts to compel State to protecting & respecting rights

Human Rights in the Constitution Right to life (Article 40.3) Equality before the Law ( Article 40.1) Right to a fair trial (Article 38.1) Right to Liberty (Article 40.4) Right to freedom of expression, assembly and association (Article 40.6.1) Protection of the family (Article 41)

Interpretation of Human Rights not explicitly set out in constitution Right to bodily integrity Right to freedom from torture, inhuman or degrading treatment or punishment Right to work and earn a livelihood Right to privacy

Civil and political rights covered under ECHR Prohibition of torture and ill-treatment (Article 3) Right to a fair trial (Article 6) Freedom of thought, conscience and religion (Article 9) Right to marry (Article 12) Right to education (protocol 1, article 2) Prohibition of discrimination in the enjoyment of Convention rights (Article 14)

Human Rights Equality Every Individual Different Groups (Identity, status) Concepts: non-discrimination Systemic Inequality Diversity Positive action Equality of Opportunity Equality of Outcome Every Individual Basic standards Rights holders/Duty bearers Universal/Interdependent/ Indivisible Human Rights Equality

Values that Connect & Reinforce AUTONOMY DIGNITY INCLUSION DEMOCRACY SOCIAL JUSTICE Human Rights Equality Values that Connect & Reinforce

Values in the Public Sector IPA research (2008): efficiency, impartiality, honesty, loyalty, risk-aversion, equity, hierarchy, integrity, accountability and fairness.

How to implement the Duty A. Create the Conditions Establish senior management working group to drive implementation Training Data systems to measure effectiveness Participation of representative groups

How to implement the Duty B. Establish the Organisational Values for Equality and Human Rights Identify values held by organisation & agree definitions Establish senior management working group to drive implementation C. Prepare an Equality and Human Rights Statement Gather data across nine grounds & socioeconomic status Identify objectives under each value Establish human rights & equality issues under these objectives Participation of representative groups

How to implement the Duty D. Deploy the Equality and Human Rights Statement in Preparing strategic plan Managing work of organisation Reporting on and evaluating work of organisation Conducting employment equality & human rights reviews internally Conducting service provision reviews Implementing equality & human rights assessment on key policies

Discussion Piece What are we going to do next: What should you do after this meeting? What steps can you take collectively in relation to PSD in your area? What supports will be needed to ensure Civil Society can play an active role in shaping how PSD is implemented?

Role of Civil Society? Create awareness of duty Create demand for implementation Build links with other community groups Offer expertise to public bodies Contact IHREC