Public Sector Duty: Putting Equality and Human Rights at the Heart of the National Drugs Strategy NIALL CROWLEY

Topics  The Public Sector Duty.  A Values Based Approach to Implementing the Public Sector Duty.  Using an Equality and Human Rights Statement.  Taking Difference into Account.  Questions for Discussion.

Public Sector Duty on Equality and Human Rights Duty

What is a Public Sector Duty?  A legal requirement on public bodies  Beyond previous legal requirement not to discriminate  A legal requirement to take proactive steps  Prevent discrimination and promote equality and protect human rights  Public bodies as policy makers, plans, employers and service providers and procurement work

Potential  Proactive : goes beyond simply avoiding discrimination  Reinforce and compliment current legislative model  Enhance the provision of quality, inclusive, accessible and accountable public services that can reduce inequalities and advance the fulfillment of human rights  Drive cultural change  Evidence-based outcomes for equality and human rights

Legislative Context Equality  Employment Equality Acts ( )  Equal Status Acts (2000 – 2011)  Intoxicating Liquor Act (2003) Human Rights  Irish Constitution  European Convention on Human Rights Act (2003)  Charter Fundamental Rights  ICESCR, ICCPR, CRC; CEDAW, CERD, & UNCRPD (to ratify).

IHREC Act Section 42 A public body shall, in the performance of its functions, have regard to the need to— Eliminate discrimination Promote equality of opportunity and treatment of staff and service users Protect the human rights of its staff and service users.

IHREC Act Section 42 A public body shall, having regard to its functions, purpose, size and resources: Set out in its strategic plan an assessment of the relevant human rights and equality issues, Set out the policies, plans and actions in place or proposed to be put in place to address those issues, Report on developments and achievements in that regard in its annual report.

A Values-Based Approach to Implementing the Public Sector Equality and Human Rights Duty

The Challenge  Encompassing civil, political, economic, social, and cultural rights.  Integrating of two distinct traditions. Individuals and Groups. Social change and minimum standards.  Addressing grounds of: gender, civil status, family status, age, disability, sexual orientation, race, religion, Traveller and socio-economic status

Values  Values are those beliefs, ideals, principles that we hold to be important  Personal values guide our attitudes and behaviours  They inform our choices  Shared values guide the organisations we work in  They inform the issues that organisations prioritise  They shape the way organisations work on issues

A Values-Based Approach  Human worth is a foundation for both equality and human rights.  The potential in values to integrate equality and human rights.  The capacity of values to give expression to an ambition to achieve equality and fulfill human rights.  Cultural change through prioritising new values.

Values that Integrate Equality and Human Rights  Autonomy: choice, agency, self-determination, freedom, absence of coercion.  Democracy: participation, voice, empowerment, accountability from powerful.  Dignity: respect, relationships of care and love, human worth, absence of inhumane and degrading treatment.  Inclusion: sense of belonging, community, recognition diversity, solidarity, absence of privilege and entitlement.  Social Justice: access to and enjoyment of wealth, income, jobs and social goods such as education, health, and accommodation.

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

An Equality and Human Rights Statement for the National Drugs Strategy

What is it for?  Putting equality and human rights values into play in the planning, implementing, and evaluating the National Drugs Strategy.  Establishing objectives to be pursued to give expression to these values in the the National Drugs Strategy.  Identifying the issues to address through the National Drugs Strategy in order to give expression to these values.

Equality and Human Rights Statement  Defines equality and human rights values: Dignity; Autonomy; Social Justice; Inclusion; Democracy.  Identifies the objectives to be pursued in relation to each of these values in the National Drugs Strategy.  Sets out the equality and human rights issues to be address in the National Drugs Strategy for each objective.  Identifies how the statement will be used in preparing, implementing and evaluating the strategy.

Preparing the Statement  An internal working group within the Department to: Agree a definition for the values chosen Set objectives for each value Gather data relevant to the objectives and to diversity Identify the issues for each objective  Engage in dialogue with representative organisations.  Complete the Equality and Human Rights Statement.

Using an Equality and Human Rights Statement  Deploy the statement in planning: consultation, data gathering, priorities, and indicators for the strategy.  Deploy the statement in implementation: coordination meetings, track progress on the issues, and feedback mechanisms.  Deploy the statement in evaluation: Identify the outputs, outcomes and impacts that relate to the objectives set and issues identified for each value.

Taking Account of Difference  Identity What makes the group unique: values, beliefs, worldview, ways of communicating, particular needs,  Experience How other groups and institutions relate to the group,  Situation How the group fares in society: economic, social, political and cultural status.

Taking Account of Difference  Identify relevant groups  Gather relevant data on difference  Assess issues identified against data on difference  Reformulate issues to take account of difference  Add issues to take account of difference

Questions  Does the public sector duty hold potential to ensure the National Drugs Strategy includes a diversity of groups?  How can civil society mobilise an effective demand for the implementation of the public sector duty?  How can civil society ensure that the public sector duty is implemented in an effective and useful manner?  What recommendations should we make?