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Wales: Progress on equality, human rights and social justice?

BEYOND 2015SHAPING THE FUTURE OF EQUALITY HUMAN RIGHTS AND SOCIAL JUSTICE

12 February 2015Paul Chaney

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1) What is most significant area of progress since 2010? ANSWER: Law-making powers / ‘devolved’ rights

2) What has been or is the biggest challenge? ANSWER: increasing civil society awareness and engagement

Questions

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‘territorial’ rights

Rights of Children and Young Persons (Wales) Measure 2011 Section 1 - Welsh Ministers under duty - have due regard to requirements of UN

Convention on the Rights of the Child (UNCRC) Applies in relation to: law-making; formulation of a new policy; a review of or change

to an existing policy. Introduction of Children’s Rights Impact Assessment (CRIA) in govt.

Social Services and Well-being (Wales) Act 2014 Section 7 – All exercising functions under this Act must have due regard to United

Nations Principles for Older Persons & UNCRC Applies to people in need of any age, extends carers’ rights to assessment and support

to young and parent carers (not just adult carers of adults). Confers duties on NHS Wales e.g. health boards under duties (s.15) re. provision of

preventative services; abuse or neglect issues and independent living.

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‘territorial’ rights (2)Welsh Language (Wales) Measure 2011; National Assembly for Wales (Official Languages) Act 2012 legal effect - official status of the Welsh language, duties on bodies to use

the Welsh language; the treatment of the Welsh language no less favourably than the English language; right of persons wishing to use the Welsh language to do so with one another; the creation of the Welsh Language Commissioner etc.

Housing (Wales) Act 2014 Gypsies and Travellers – new duties re. Meeting accommodation needs,

Assessment of accommodation needs, Failure to comply with duties, eligibility (those covered by new duties) etc.

Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

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Challenge: increasing civil society engagement/ awareness of equality and human rights developments•Issues around:•CSOs’ response to political opportunity structures• Issues of CSO autonomy/ institutional configuration etc.•Communication and awareness•Policy capacity of CSOs•State capacity to engage

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Summary Q 1: What is most significant area of progress since 2010?

A: devolved law-making and ‘territorial’ rights

This matters because… compared to early years of devolution it marks a significant step forward in enforceability, accountability and rights. Potential go beyond Westminster policy/ legislation

Q2: What has been or is the biggest challenge?

A: fostering engagement in/ awareness of ‘devolved’ equality and human rights agenda

This matters because… It improves the development and implementation of equality and HR policy, boosts accountability; wards against neo-corporatism/ agenda domination by the “usual suspects” – and is in furtherance of PSED regs./ BDPfA etc.