on faces a number of challenges: The campaign to extend human rights into
R
Y
The Commissi
to bring the debate on human rights into the the private sector was boosted by the ‘YL’ case.
1
A
context and language of the everyday; to provide However, as Andrew Dismore recognised, this
an authentically British expression of human rights; was a one-off victory. Andrew has been trying
L
E
N
and to breathe life into the idea that the proper to table a Private Members’ Bill to deal with

P
role of human rights is to defend the weak and privatised services for three years. He said that
there is a clear need to ensure that all public
G
the marginalised as much as the strong – whilst
demonstrating that human rights are for all of us. services are covered when they are delivered by
I
N
Trevor argued that the Human Rights Act should a private enterprise.
N
do more than punish infringements. It should
The bigger issue of applying human rights
R
embed good practice in local authorities, business
generally to business and the private sector may
O
and the community at large. Just as the Highway
be taken up by the Joint Committee on Human
M
Code sums up all road safety legislation in an
Rights later in the year. Andrew stressed the
accessible way, we need a clear and simple code
importance of a long-term perspective: change
that sets out standards for conduct with regards
does happen, but it is a slow process. The case of
to dignity and respect. The end goal is a large-
an older couple who successfully challenged their
scale culture change in which shared expectations
separation by a local authority using the Human
consistent with our human rights principles about
Rights Act has now had a more general impact –
the standards and delivery of public services
double rooms are now part of the standardised
become the common property of both the
design of new sheltered accommodation and
providers and the consumers. Trevor concluded,
residential homes.
2
“we won’t persuade folk of the value of human
• Is there a case for a British Bill of Rights – as
rights by telling them, far less lecturing them. The
called for by both the main political parties?
real conversion comes from living them.”
Trevor Phillips cautioned against focussing too
heavily on these proposed bills, suggesting that we
“We won’t persuade folk of the value of human
should instead concentrate on making the existing
rights by telling them, far less lecturing them. The
human rights framework relevant to British people.
real conversion comes from living them.”
He made three general observations about the
Trevor Phillips
potential of a bill of rights: “First of all, you cannot
produce a British bill of rights that would remove
a person in Britain’s right to appeal for remedy
Morning Panel Discussion
to European courts – that’s just inconceivable.
Secondly, you can’t resign from the European
A lively debate followed the keynote speeches,
Convention. And thirdly, nobody’s yet come up
with a series of questions from the floor
with propositions for a British Bill of Rights which
addressed to the morning speakers, who were
are in any way different from the European Court
joined by Andrew Dismore MP, Chair of the
of Human Rights and indeed therefore the Human
Joint Committee on Human Rights, Professor
Rights Act”.
Francesca Klug, Professional Research Fellow at
Andrew Dismore believes that the
the LSE and Commissioner for the Equality and
Government is aiming to leave the Human Rights
Human Rights Commission, and Edward Adams,
Act in place and to build on it, in a way that is
Head of the Human Rights Division at the
similar to the Joint Committee on Human Rights’
Ministry of Justice.
(JCHR) proposals for their own Bill of Rights
A summary of questions and responses follows:
and Freedoms
3
. The JCHR proposal adds to the
• How can human rights be extended beyond European Convention on Human Rights and the
the public sector to the private sector? Human Rights Act by putting rights in a British
1 In May 2008 a coalition co-ordinated by BIHR which included Liberty, 2 This case involved a husband and wife who after 65 years together
Age Concern, the Equality and Human Rights Commission and other faced separation when he fell ill and was moved into a residential care
statutory and non-statutory organisations, successfully campaigned to home while his wife was prevented from jointing him. This decision was
close a legal loophole that had allowed residential care homes that reversed once they invoked their right to a family life. This case, along
were contracted by public authorities to the private or voluntary sectors, with other examples of how the Human Rights Act has been used to
to avoid fulfilling their obligations under the Human Rights Act. The better people’s lives can be found in BIHR’s publication, The Human
10
amendment to the Health and Social Care Bill effectively closing this Rights Act – Changing Lives, available from BIHR’s website.
loophole meant that thousands of older and disabled people are now
3 Downloadable from: www.parliament.uk/parliamentary_
protected against abuse, neglect and unfair evictions.
committees/joint_committee_on_human_rights.cfm
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32