Tag: David Isaac

Austerity is the unfavourable treatment of protected social groups, leading to unfair disadvantage

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The Equality and Human Rights Commission (EHRC) said an analysis of all the changes to tax, social security and public spending since the Conservatives came to power in 2010 showed the poorest citizens have been hit hardest by tax, social security and public spending reforms and are set to lose at least 10% of their income.

Ahead of next week’s budget, the Commission has published its independent report on the impact that changes to all tax, social security and public spending reforms from 2010 to 2017 will have on people by 2022.

Undertaken as a “cumulative impact assessment”, the Commission’s report, which looks at the impact the reforms have had on various groups across society, highlights that those political decisions will affect some groups more than others:

  • black households will face a 5% loss of income (more than double the loss for white households)
  • families with a disabled adult will see a £2,500 reduction of income per year (this is £1,000 for non-disabled families
  • families with a disabled adult and a disabled child will face a £5,500 reduction of income per year (again, compared to £1,000 for non-disabled families)
  • lone parents will struggle with a 15% loss of income (the losses for all other family groups are between 0 and 8%)
  • and women will suffer a £940 annual loss (more than double the loss for men)
  • the biggest average losses by age group, across men and women, are experienced by the 65 to 74 age group (average losses of around £1,450 per year) and the 35 to 44 age group (average losses of around £1,250 per year).

The government have persistently claimed that conducting a cumulative impact assessment of their “reforms” is “too difficult”.

David Isaac, of the EHRC, says: “We have encouraged the government to carry out this work for some time, but sadly they’ve refused. We have shown that it is possible.” 

Previously, the Women’s Budget Group estimated that by 2020 women will shoulder 85% of the burden of the government’s changes to the tax and benefits system – with low-income black and Asian women paying the highest price

The Centre for Welfare Reform calculated that disabled people are being hit nine harder than the rest of the population. These organisations managed to carry out cumulative impact assessments, and without the generous funding that the government has at their disposal. This demonstrates that there is a difference between finding something “difficult” to undertake, and not actually wanting to undertake the task, while making glib excuses to avoid doing so. 

Public policies are expressed political intentions regarding how our society is organised and governed. They have calculated social and economic aims and consequences. Governments generally monitor the impact of their policies. The Conservatives have refused to monitor the impact of their draconian welfare policies because they knew in advance that they are discriminatory. 

Austerity policies target already economically marginalised groups, cutting their incomes further. It’s not plausible that ministers were unaware that this would lead to further economic disadvantage of those groups, while widening social inequality and increasing poverty.  

While the poorest citizens are set to lose nearly 10% of their incomes, a minority of the wealthiest citizens will lose barely 1%, yet the government claim that inequality has “reduced.” Despite the claims that “We’re all in it together” and “we want to help tjose people “just about managing”, it’s clear that Conservative policies are completely detached from public interests and needs. Conservative austerity policies are designed and intended to intentionally discriminate aginst the very poorest citizens. 

It is against the law to discriminate against socially protected groups  – including on the grounds of ethnicity, gender, age and disability. The government’s traditional ideological prejudices, which have been clearly expressed in their socioeconomic policies, have brought about:

  • the less favourable treatment of groups with protected characteristics 
  • the targeting of some social groups disproportionately with austerity policies that extend direct discrimination, leaving people with protected characteristics at an unfair disadvantage

Prices, as measured by official inflation figures, are nearly 14% higher now than they were in 2010, although Unison say that between the start of 2010 and the close of 2015, the cost of living, as measured by the Retail Prices Index, rose by a total of 19.5%. This creates even further hardship for those people already targeted by Conservative austerity cuts.

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Traditional Conservative prejudices, which have ultimately led to economic marginalisation, disadvantage and stigmatisation of some social groups

David Isaac, the Chair of the EHRC, which is responsible for making recommendations to government on the compatibility of policy and legislation with equality and human rights standards, warned of a “bleak future”.

Isaac said: “The Government can’t claim to be working for everyone if its policies actually make the most disadvantaged people in society financially worse off. We have encouraged the Government to carry out this work for some time, but sadly they have refused. We have shown that it is possible to carry out cumulative impact assessments and we call on them to do this ahead of the 2018 budget.

 

“If we want a prosperous and, in line with the Prime Minister’s vision, a fair Britain that works for everyone, the Government must come clean and provide a full and cumulative impact analysis of all current and future tax and social security policies. It is not enough to look at the impact of individual policy changes. If this doesn’t happen those most in need will face an extremely bleak future.”

 

The Commission is calling on the Government to:

  • commit to undertaking cumulative impact assessments of all tax and social security policies ahead of the 2018 budget
  • reconsider existing policies that are contributing to negative financial impacts for those who are most disadvantaged
  • implement the socio-economic duty from the Equality Act 2010 so public authorities must consider how to reduce the impact of socio-economic disadvantage of people’s life chances (the Conservatives edited the Labour party’s original version of Equality Act and removed this duty before implementing it).

The assessment undertaken by the EHRC considered changes to income tax, national insurance contributions, indirect taxes (VAT and excise duties), means-tested and non-means-tested social security benefits, tax credits, universal credit, national minimal wage and national living wage.

 

See also:

Austerity is “economic murder” says Cambridge researcher

The Paradise Papers, austerity and the privatisation of wealth, human rights and democracy

From 2013 – Follow the Money: Tory ideology is all about handouts to the wealthy that are funded by the poor

 


I don’t make any money from my work. I am disabled because of illness and have a very limited income. I don’t have a plasma TV or Sky. I do eat a lot of porridge, though. Successive Conservative chancellors have left me in increasing poverty. But you can help by making a donation to help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you. 

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EHRC report highlights unacceptable political discrimination against disabled people

 

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Discrimination on the grounds of disability was made illegal 20 years ago when Parliament passed the Disability Discrimination Act 1995. Further legislative progress was made with the Human Rights Act (2008) and the Equality Act (2010). So discrimination can’t happen now. Right?

Wrong.

Disabled people are not being treated as being equal with other citizens and continue to be denied the respect, dignity, opportunities, an acceptable standard of living and other acceptable outcomes that non-disabled people take for granted.

The government claim that the economy has recovered from the effects of the global recession, but that recovery is not one that is shared equally to include everyone. If the economy is doing as well as the government claims, why are disabled people still facing austerity cuts to their lifeline support, while wealthy citizens are handed out substantial tax cuts? 

In one of the wealthiest countries in the world, targeting disabled people, who are much more likely to be living in poverty than other citizens, is absolutely inexcusable. However, the neoliberal right justify their rigid small state, pro-privatisation, deregulation, mythological meritocracy, low tax, high VAT and antiwelfare ideology with folklore economics. “Paying down the debt” has become an almost farcical bare-faced and parroted Conservative lie. 

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The neoliberal small state “big society”.

The Equality and Human Rights Commission report is the most comprehensive analysis on how (or if) the rights of disabled people are observed and protected in Great Britain. The most recent report says that changes to benefit rules have had a particularly disproportionate, cumulative impact on disabled people’s right to live independently.

According to the report, titled Disability report: Being disabled in Britainwhich was published on Monday, the proportion of disabled people with no qualifications was nearly three times that of non-disabled people. (See also: Disabled students fear for their future as independence payments cut).

Fewer than half of disabled adults are in employment (47.6%), compared with almost 80% of non-disabled adults – and the gap between these groups has widened since 2010-11.

Food poverty has affected 18.4% of disabled people aged 16-64, compared with 7.5% of non-disabled people.

David Isaac, Chair of the Commission, commenting on the damning new state of the nation report into life for disabled people, said: “Whilst at face value we have travelled far, in reality disabled people are being left behind in society, their life chances remain very poor, and public attitudes have changed very little.

“This evidence can no longer be ignored. Now is the time for a new national focus on the rights of the thirteen million disabled people who live in Britain. They must have the same rights, opportunities and respect as other citizens.

“We must put the rights of disabled people at the heart of our society. We cannot, and must not, allow the next twenty years to be a repeat of the past.”

The research, which covers six key areas of life, finds that disabled people in Britain are experiencing disadvantages in all of them, and sets out vital areas for urgent improvement.

This includes: a lack of equal opportunities in education and employment; barriers to access to transport, health services and housing; the persistent and widening disability pay gap; deteriorating access to justice; and welfare “reforms” (cuts) significantly affecting the already low living standards of disabled people.

The Commission has also highlighted these issues to the United Nations, for their forthcoming examination of how the UK measures up to the international standards on the rights of disabled people (the Convention on the Rights of People with Disabilities – CRPD).

The United Nations (UN) has already determined that the UK government has systematically violated the rights of disabled people. The highly critical report, which was published in Geneva last December also concluded that the rights of disabled people to live independently, to work, and achieve an adequate standard of living have been detrimentally affected by the Conservative’s austerity programme.

The range of measures aimed at reducing public spending since 2010, including extremely controversial changes such as the bedroom tax, and cuts to disability benefits and social care budgets have disproportionately and adversely affected disabled people.

The UN’s 22-page report condemned the radical and largely unmonitored welfare cuts and benefit caps, and social care cuts introduced as a major part of the Conservative’s austerity programme – the government claimed these cuts would make the welfare system “fairer and reduce benefit fraud.” The UN found no evidence of benefit fraud or fairness.

However, the government have simply dismissed the UN’s fully evidenced report, which included the first-hand accounts of many of those disabled people affected by Conservative austerity, disability campaigners, researchers and advocacy organisations.

The Equality and Human Rights Commission report reveals:

  • In England, the proportion of children with Special Educational Needs achieving at least  5 A*-C GCSEs is three times lower than for non-disabled children (20.0% and 64.2% respectively). Disabled children are also significantly more likely to be permanently or temporarily excluded.
  • The qualification gap between disabled and non-disabled people has narrowed, but the proportion of disabled people with no qualifications was nearly three times that of non-disabled people, and the proportion of disabled people with a degree remained lower. 
  • More disabled people than non-disabled are living in poverty or are materially deprived. 
  • Social security “reforms” have had a particularly disproportionate, cumulative impact on the rights to independent living and an adequate standard of living for disabled people. Families in the UK with a disabled member are more likely to live in relative poverty than non-disabled families.
  • Across the UK, 18.4% of disabled people aged 16-64 were considered to be in food poverty compared with 7.5% of non-disabled people. Disabled people over the age of 65 were twice as likely as non-disabled people in the same age group to be in food poverty.
  • Disabled people continue to face problems in finding adequate housing, due to a shortage in accessible housing across Britain, and in Scotland the amount of wheelchair-adapted local authority housing for physically disabled people has decreased. Disabled people in Britain were also less likely to own their own home. 
  • Accessing healthcare services is problematic for disabled people, and they’re less likely to report positive experiences. Considerable shortcomings remain in all three countries in the provision of mental health services, where disabled adults are more likely to report poor mental health and wellbeing than non-disabled adults.
  • There is an urgent need for prisons to monitor and report on prisoner mental health. Prisoners are more likely to have mental health conditions compared with the general population, and 70% of prisoners who died from self-inflicted means between 2012 and 2014 had an identified mental health condition. 
  • Detentions in health and social care settings under the Mental Health Act 1983 are continuing to increase in England and Wales. The number of detentions in hospitals increased from 46,600 in 2009 to 2010 to 63,622 in 2016. 
  • Changes to legal aid in England and Wales have negatively affected disabled people’s access to justice. Across GB, there has been a 54% drop in employment tribunal claims on grounds of disability discrimination following the introduction of fees in July 2013. 
  • More disabled and non-disabled people overall are in work in Britain in 2015/16 compared to 2010/11. Despite this, less than half of disabled adults are in employment (47.6%), compared with almost 80% of non-disabled adults, and the gap between these groups has widened since 2010/11. However this is not the case across all impairment types, and for those with mental health conditions and those with physical disabilities the gap between them and non-disabled people has narrowed. 
  • The disability pay gap in Britain also continues to widen. Disabled young people (aged 16-24) and disabled women had the lowest median hourly earnings of all.

David Isaac continued: “This report should be used as a call to arms. We cannot ignore that disabled people are being left behind and that some people – in particular those with mental health conditions and learning disabilities – experience even greater barriers.

“We must have a concerted effort to deliver the changes that are desperately needed. Vital improvements are necessary to the law and policies, and services must meet the needs of disabled people.

“Britain must be a fair and inclusive society in which everyone has equal opportunities to thrive and succeed.”

The report calls on the UK, Scottish and Welsh governments to place a new national focus on disability equality, so that the rights of disabled people are fully realised and to deliver improvements in their experience and outcomes.

These include reducing the education and employment gaps for disabled people; ensuring that essential services such as housing, health and transport meet the needs of disabled people; and improve existing laws and policies to better protect and promote the rights of disabled people.

The Commission’s recent submission to the UN Committee on the Rights of Persons with Disabilities, produced jointly with the other equality and human rights commissions across the UK, also highlights the need to do more to protect the human rights of disabled people.

It contains 75 recommendations to the UK and devolved governments on how they can improve the rights disabled people enjoy across areas such as housing, transport, social care and employment. The main public examination of the UK by the UN Committee will take place in August 2017, and the Commission will work with the other UK equality and human rights commissions and disabled people and their organisations to help make the recommendations a reality.

Further to this activity, the Equality and Human Rights Commission is engaged in a range of ongoing work aimed improving the lives of disabled people, including legally enforcing the Equality Act, improving access to public services, housing and transport, analysing the impact of welfare reforms, and influencing new legislation.

In light of the cuts to Employment and Support Allowance (work-related activity group) and the recent re-writing of PIP regulations to save money for the Treasury from disabled people’s support, while at the same time the government chose to hand out tax cuts to millionaires, it is inevitable that the situation for disabled people will only get worse.

These additional cuts have happened since the UN published the report about the systematic violations of disabled people’s human rights, to which the government have responded with utter contempt.

Human rights, inclusion and equality are the bedrock of a democratic society. We know from experience over the last six years that we can not depend on this government to observe any of these prerequisite obligations. 

Andrew McDonald, Chair of disability charity, Scope, said: “It is shameful that in 2017 disabled people continue to face such high levels of inequality: at home, at school and at work. And Scope research shows too many continue to face prejudice day-in-day out. 

“But government action has been incoherent. While there have been some positive commitments, the impact of recent reductions and restrictions to benefits and inaction on social care threaten to make life harder for many disabled people. 

“We hope this report serves as a wake-up call. Urgent action is needed. If the government is serious about shaping a society that works for everyone, the Prime Minister should act now to set out a cross-departmental strategy to tackle the injustices disabled people face.”

Liz Sayce, Chief Executive of Disability Rights UK, said: “This new report makes sombre and disappointing reading, and highlights the unfairness disabled people continue to face, day in and day out.

“As a society, we say we want progress towards disabled people taking a full part in society; but instead we appear to be going backwards.  We need concrete plans from government, with outcomes measured regularly, to ensure we get back on track. We welcome the Equality and Human Rights Commission report and are keen to work with them and others to tackle discrimination.” 

Robert Meadowcroft, Chief Executive of Muscular Dystrophy UK, said: “Much of today’s report puts hard numbers on what we hear every day from people with muscle-wasting conditions about the extreme difficulties in finding a job, a safe place to live and accessing the opportunities many of us take for granted. 

“The government has to respond positively and urgently to the severity of today’s findings, not least in calling a halt to the damaging aspects of benefits reforms, but they are not the only people responsible for making society accessible to all. 

“Employers can be more proactive about making their workplaces and their recruitment policies more open to disabled people. Local councillors can increase their accessible housing targets. And we can collectively check our own attitudes to make sure that the Equality and Human Rights Commission has better news to report in 20 years’ time. This alarming report is a wake-up call that needs to be heard.” 

Let’s not pussyfoot around the deliberate socioeconomic exclusion of disabled people. It’s absolutely unacceptable that in a very wealthy so-called democratic state, disabled people still face so many disadvantages as a direct consequence of discriminatory government policies, across so many different areas of their lives compared to non-disabled people.  

The Conservative’s policies since 2012 that have doggedly aimed at cutting disabled people’s support have been preempted by an outgrouping rhetoric and an all-pervasive political scapegoating media campaign designed, to stir up resentment and desensitise the public to the consequences of policies which discriminate against disabled people. Such actions are a damning indictment of the political intention behind those policies. 

We now have a social security system that is the stuff of dystopian novels about totalitarian bureaucracy. Rather than providing support, welfare has been redesigned by the Conservatives to focus on compliance with unreasonable “behavioural” conditionality (which assumes that poverty is a “lifestyle choice, as opposed to the inevitable consequence of neoliberalism and policies which serve to engineer growing social inequality) and extremely punitive sanctions, rather than supporting people back into appropriate work. 

Stopping or threatening to stop someone’s lifeline support when they are too unwell to work is unforgivably cruel, inappropriate and completely ineffective at helping anyone into employment.

In fact, we know that sanctions will make it almost impossible for someone to find employment. Withdrawing lifefline support as a punishment is likely to create desperation and absolute poverty. The impact of poverty is greater, and often devastating on those people who are ill and disabled. If people cannot meet their basic living needs, they cannot possibly meet higher level psychosocial ones. 

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Sanctions cause unacceptable harm to people who are disabled and ill, and sometimes, sanctions kill people

It is not acceptable that a government in the UK continues to formulate regressive and punitive policies aimed at cutting support for disabled people, which create vulnerability, loss of independence and dignity, distress, psychological and physical damage, and is putting people’s lives at risk.

It is shameful and it needs to be halted.

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I don’t make any money from my work and I am not funded. I am disabled because of illness and struggle to get by. But you can help me continue to research and write informative, insightful and independent articles, and to provide support to others, by making a donation. The smallest amount is much appreciated – thank you.

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Report on the UK Government’s failing human rights record submitted to UN

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coalition of 175 civil society organisations has raised grave concern about the impact of the government’s welfare “reforms” and living standards in the UK, hate crimes, mental health, deteriorating prison conditions, stop and search powers and the Conservative’s plans to repeal the Human Rights Act, among other issues. The organisations include Age UK, Just Fair, Inclusion (London and Scotland), the TUC, Unicef UK, Rights Watch, The Law Centres Network, Mind, the Mental Health Foundation and Stonewall. 

The coalition contributed to a report which calls on the United Nations (UN) to recognise the evidence from the wide range of civil society groups and to ensure the UK Government, and the devolved administrations, are accountable for taking appropriate action and measures to redress many raised human rights concerns. The report authors caution that a high proportion of the 132 recommendations from the last United Nations hearings in 2012 have not been implemented.

The British Institute of Human Rights (BIHR) announced the launch of the Joint Civil Society Report, on the 22 September. It was submitted to the United Nations in Geneva last Thursday as part of the Universal Periodic Review of the UK. 

The report was produced as part of Human Rights Check UK project, which has been assessing human rights changes since the UK was last reviewed by the UN in 2012. BIHR have engaged with over 175 organisations across England, Scotland and Wales through both a call for evidence and by hosting a series of events across Great Britain. These groups range from local community advocacy groups to large national organisations, working on issues such as health, age related issues, children’s issues, justice, education, welfare and many others.

Many of the issues and concerns raised in this report of 84 pages have been under-reported in the mainstream media.

The human rights framework in the UK is being eroded

A key theme throughout the evidence received are serious concerns regarding the proposed repeal of the Human Rights Act. Civil society organisations were worried that a new Bill of Rights would offer weaker human rights protections, particularly impacting the most vulnerable members of society.

The report says repeal of the act would be a “denigration of international human rights law.” It also says in the submission: “The UK’s retrogressive debates are already negatively influencing other countries. There is increasing concern that the UK’s political rhetoric will, if not checked, threaten the coherence and credibility of the post-second world war human rights settlement.”

The report also says: The rhetoric in national media and among senior officials often repeatedly misrepresents and misreports judicial cases, “blaming” human rights laws for situations/decisions which are about other laws or are only partially about human rights (often centring on groups considered “unpopular” or “undeserving”). When the Human Rights Act has positively supported people, this is rarely discussed.

It is vital that the UK Government guarantees it will build upon the Human Rights Act, rather than amending or repealing it via a new bill of rights. Refusal to give such a guarantee should be recognised as an indication that there is a significant risk of the human rights framework in the UK being eroded.”

These are all concerns that I have raised myself over the last two years, along with many other campaigners.

Other key issues raised were related to growing poverty and inequality across the UK as a result of welfare “reforms” and austerity measures. The report reflects the damaging impact that Conservative policies are having on a number of human rights issues, including access to justice, children and women’s rights and the right to an adequate standard of living. These are problems and themes which many of us have been campaigning and writing about for the last four or five years.

Social security no longer alleviates poverty and homelessness

Many concerns were raised about the impact of the welfare cuts, growing poverty and an inadequate standard of living in the UK. The report said that recent policy and legislative changes have seen a regression in standards of living and the welfare system’s ability to tackle poverty, homelessness and unemployment. Many organisations reported that this is having a negative impact on marginalised social groups, among which are some of our most vulnerable citizens. 

For example, the abolition of disability premiums may result in 100,000 disabled children losing up to £28 a week. Changes to personal allowances will leave single parents with severe disability needs with £73 less a week. There was recognition of the discriminatory impact of the bedroom tax on disabled adults and children, carers, domestic violence victims, separated parents and others.

The benefit cap disproportionately impacts on single parents, children and BME groups. The Supreme Court ruled that the cap violates the United Nations Convention on the Rights of the Child  (UNCRC) but did not overturn the policy. The UK Government has further reduced the cap to £20,000 per annum for households outside of London and £23,000 for those within Greater London through the Welfare Reform Work Act 2016, affecting 92,000 more households.

The report also said that benefit sanctions have significantly increased and that evidence strongly suggests links to rising destitution and food bank use. Many people have received sanctions in “error”. The authors pointed out that there is no empirical evidence that sanctioning is in any way effective in “getting people back to work”. 

It was also noted that the government claim to have introduced a National Living Wage in 2016, to increase minimum wage to over £9 per hour by 2020. This does not apply to those under 25. Rates are not set in accordance with recommendations from the Living Wage Foundation.

Further concerns raised are freezes to working-age benefits for four years from April 2017, the removal of the Child Tax Credit entitlement for third or subsequent children born after 6 April,  repeal of the Child Poverty Act 2010. Although the Government will publish child poverty data, there are no longer statutory targets or a duty to report.

The report authors also acknowledged that there been an unprecedented rise in the use of food banks, and several submissions directly related this to welfare cuts and austerity measures. One million people were provided with 3 days of emergency food in 2015/16. 

It was noted that the Parliamentary committee recently (2015) assessed the impact of the Equality Act 2010 on disability discrimination, concluding it was unsatisfactory. Particular issues raised in evidence submissions include: the significant and disproportionate impact of welfare cuts on disabled people, e.g. Work Capability Assessments have seen many disabled people incorrectly assessed as fit for work; concerns about the portrayal of disabled people as “benefit scroungers”, perpetuated by some sections of the media and political leaders, and new tribunal fees being a disincentive to bringing discrimination cases forward. 

There was also widespread concern expressed that cuts to legal aid have impacted on the most disadvantaged groups in society, deterring potentially successful legal cases and challenges, and removing sources of advice and support. There is a disproportionate impact on women, children, BME communities, disabled people and people living in poverty.

Among the recommendations made:-

The UK government should:

  •  Monitor and review the impact of welfare reforms on living standards, increased poverty and food insecurity, and work to break the link between welfare support and poverty
  •  Pause and review its sanctioning policy, ensuring no person is pushed in to destitution
  •  Abolish the spare room subsidy since it causes destitution and has not served its purpose
  •  Reconsider changes to child poverty policy and ensure no child is living  in poverty
  •  Create a living wage that accurately reflects the cost of living within the UK

Among other human rights failings, the report highlights the fact that race is the most commonly recorded motivation (82%) for hate crimes in England and Wales and that the Brexit vote coincided with a surge in such offences. It links reports on the government’s policy of creating a “hostile environment” for migrants with discrimination against those from minority communities. It’s true that political and media rhetoric about migration is loaded with dehumanising metaphors.

Mental health service funding cuts and government policies are having negative impacts on vulnerable people

Evidence submitted highlighted a number of serious issues, including:

  • The underfunding of mental health services, resulting in just 25% of people receiving help.
  • In England, funding for mental health trusts has dropped in real terms by 8.25% since 2010.
  • Shortfalls in services have resulted in the police responding to people in crisis. In 2014-15, in England and Wales, the police picked up 23,128 people in mental health crisis and 4,537 were taken to a police cell because there was no other safe place available (although this is down from the previous year).
  •  Patients being placed in units far away from their home and support networks as a result of closing in-patient units. In 2015-16, 5,411 patients were sent ‘out of area’.
  •  The disparity across the UK in accessing talking therapies. In 2014-15, 33% of people in England waited longer than 28 days to start treatment following referral and 7% longer than 90 days. In Wales, data shows 57% of people waited over three months for an assessment and their first session.
  •  Concern that legal protections for people with mental capacity issues are not sufficient, including that the Mental Capacity Act and the Deprivation of Liberty Safeguards in England and Wales are no longer fit for purpose (the Law Commission is reviewing both) and that the Adults with Incapacity Act in Scotland is not compatible with human rights standards.

Trade Unions and charities have been systematically disempowered

Serious concern was expressed that recent legislation has introduced unjustified, disproportionate and discriminatory restrictions on trade unions activities. The Trade Union Act 2016 sets statutory thresholds and substantial new legal hurdles which unions must overcome to take lawful industrial action in defence of their jobs, livelihoods, wages and working conditions.

The “Lobbying Act” has created additional layers of regulation for charities and Trade Unions, already subject to rules on political activities. The Lobbying Act’s chilling effect has been reported across jurisdictions. Research found 63% of charity respondents said the Act will make it harder to achieve their charitable objectives.

The recent Hodgson Review concluded that the Act did not strike the right balance. The UK Government has yet to respond to the report’s recommendations.  CSOs are also critical of UK Government proposals to introduce an “anti-advocacy clause”, restricting organisations that receive public money from lobbying Government.

There are concerns about flawed research underpinning the proposal and its impact on civil society organisations (CSOs) being able to amplify community voices with the State. This has implications for democracy.

The Trade Union Act 2016 sets statutory thresholds and substantial new legal hurdles which unions must overcome to take lawful industrial action in defence of their jobs, livelihoods and working conditions.

There is widespread concern about the impact of the UK referendum to leave the European Union on human rights. Whilst the Human Rights Act is separate from the EU, a number of other rights-based standards emanate from the EU, including equality and employment law standards. 

Stephen Bowen, the chief executive of BIHR, said: “The UK government needs to listen, not just to the United Nations but to the voices of the huge range of organisations closer to home that have shared their serious concern. They are troubled the government is taking the UK towards further isolationism and disregarding the United Nations, worsening the situation with welfare and legal aid cuts, and wanting to scrap the Human Rights Act, weakening its accountability for our rights at home as well as internationally.”

The report was launched on 22 September at Westminster, with contributions from Sir Nicolas Bratza (Chair of BIHR, and former president of the European Court of Human Rights), David Isaac CBE (Chair of the Equality and Human Rights Commission), the Rt Hon. Harriet Harman QC MP (Chair of the Joint Committee of Human Rights) and BIHR deputy director, Sanchita Hosali.

Harriet Harman, welcomed the report for its breadth and depth, and said she would be raising the issues explained with the Justice Secretary, Liz Truss, when she appears at the JCHR next month. Harriet spoke about how the UK level government debates on human rights were leading to a corrosion of rights domestically, and undermining the core principle of universalism. 

She spoke of how the UK needs to recognise and celebrate, not disparage, international accountability, whether that be at the UN or the European Court of Human Rights. Yet the contrast between what the UK Government says domestically versus what is said at the UN can be like “hearing two different administrations.”

Director, Stephen Bowen, conveyed whole-hearted thanks to the 175+ organisations that have helped shape BIHR’s report, to root it in the very real and pressing issues many people in the UK face in ensuring their universal human rights are respected, protected and fulfilled. The breadth and depth of organisations involved is a testament to how significant human rights are in the UK.

 

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I don’t make any money from my work. But you can contribute by making a donation and help me continue to research and write informative, insightful and independent articles, and to provide support to others. The smallest amount is much appreciated – thank you.

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