The case follows the Human Trafficking Inquiry(1) it conducted in Scotland. This and the follow up report (2) identified concerns relating to the UK's compliance with the prohibition on slavery, servitude and forced or compulsory labour set out in Article 4 of the European Convention of Human Rights (3).

These included the low number of prosecutions and convictions of traffickers, despite it being a serious and growing problem in the UK. In 2011 it was thought to involve nearly 500 children. Minors are more likely to be prosecuted than traffickers for crimes committed whilst under their control.

In this case the boy, who can only be identified as T, was arrested by police at a house in England that had been converted into a cannabis factory. T said he was coerced into debt bondage after a man in Vietnam took the deeds to his parent’s home as collateral saying he owed $20,000.

T, who arrived in the back of a refrigerated lorry, was told he would come to the UK to study and pay off his debt by working in a restaurant. Once here he was forced by his agent to work in the factory.

Despite showing all of the signs of a trafficked child, and being referred by the police to the National Referral Mechanism (NRM) (4), which aims to identify victims of trafficking, the Crown Prosecution Service went ahead with a prosecution. T was sentenced to 12 months in a Young Offenders Institution after eventually pleading guilty.

He started to self harm and was traumatised. The NSPCC referred him back to the NRM for a fresh decision. Following a positive outcome he was released into local authority care, but went missing two weeks later. It is suspected he is again under the control of traffickers and the case will be heard in his absence.

The Commission, which is intervening as an independent third party expert on human rights law, will say that, apart from any decision to prosecute, authorities are obliged to carry out a thorough investigation into allegations of trafficking. Any decision to prosecute should not be made until this duty to investigate has been met.

It will also say child victims of trafficking should be given support, assistance and protection and not further victimised, by being prosecuted, unless the circumstances are very exceptional and it is in the best interests of the child.

Commission deputy director, legal, Wendy Hewitt said:

“Trafficking is a modern-day form of slavery and one of the most serious human rights violations. It is the Commission’s view that the law in this area is piecemeal, despite it being a growing problem. This causes confusion amongst those who use it.

“If the outcome of T’s case is positive it will affect the way child victims of trafficking are dealt with by the criminal justice system.”

Ends

For more press information contact the Commission’s media office on 0161 8298102, out of hours 07767 272 818.

Notes to Editors

R V TN Criminal Court of Appeal

1. http://www.equalityhumanrights.com/scotland/human-rights-in-scotland/inquiry-into-human-trafficking-in-scotland/
2. http://www.equalityhumanrights.com/scotland/human-rights-in-scotland/inquiry-into-human-trafficking-in-scotland/human-trafficking-inquiry-follow-on-report/
3. http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/protection-from-slavery-and-forced-labour/
4. The National Referral Mechanism (NRM) is a framework for identifying victims of human trafficking and ensuring they receive the appropriate protection and support.
5. Article 26 of the Council of Europe Anti-trafficking Convention, which the UK has ratified, gives the state the discretion not to prosecute victims of trafficking where they have committed an offence whilst under the control of their trafficker. This Convention fleshes out how human rights articles are put into practice
6. Article 8 of the 2011/36 EU Directive mirrors the Convention on this and was in effect as of 6 April 2013

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Most of the claimants are disabled, or share their home with a disabled person. The changes to the regulations mean they are defined as under-occupying their properties and liable to benefit reductions of between 14 to 25 per cent.

One of the claimants, who has spina bifida, lives in a two-bedroomed housing association flat with her husband. He is unable to share the same bed because of her health needs. There is not enough space for a second bed so he has to use their second bedroom.

Households like this, who are unable to move to a one-bedroom property but whose benefits are reduced, may end up in arrears and risk losing their tenancies.

The ten cases have been joined together as test cases and the hearing is expected to last for three days.

The Commission is intervening as an independent third party expert to assist the court on discrimination law and human rights. It will submit that the new regulations potentially breach the right of people not to be discriminated against in the enjoyment of their rights (A.14) and their right to a family life (A.8).

It will also advise the court on the UK's duty to provide reasonable accommodation for people with a disability under international law, particularly the obligations under the United Nations Convention on the Rights of People with Disabilities (UNCRPD). This requires the government to take steps to abolish or modify laws that discriminate against disabled people.

The Commission will also assist the court to determine whether the Department for Work and Pensions has met the Public Sector Equality Duty. An Equality Impact Assessment carried out by the Department found overall 420,000 disabled tenants were likely to be affected losing around £14 a week. However, the assessment did not calculate how many of those affected need a second bedroom due to their disability or a family member's.

Commission deputy director, legal, Wendy Hewitt said:

“A significant number of disabled people are affected by the proposed changes to housing benefit regulations and a higher proportion of these tenants are likely to be affected by the size criteria than non-disabled tenants.

“Safeguarding people in vulnerable situations is a Commission priority. It is important that we are able to help the court in its interpretation of equality discrimination law and human rights in this case.”

Ends

For more press information contact the Commission's media office on 0161 8298102, out of hours 07767 272 818.

Notes to Editors

• MA & Others Vs Secretary of State for Work & Pensions
• Article 14 Protection from discrimination 
• Article 8 Respect for private and family life http://www.equalityhumanrights.com/human-rights/what-are-human-rights/the-human-rights-act/respect-for-your-private-and-family-life/
• The United Nations Convention on the Rights of People with Disabilities Guide to the UN Disability Convention Part 1: Introducing the United Nations Convention on the rights of people with disabilities
• Public Sector Equality Duty http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Read the framework document

-Ends-

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The guidance, developed by the Equality and Human Rights Commission and the Chartered Institute of Personnel and Development, outlines how employers should respond if an employee is affected by domestic abuse.

The guidance is designed to enable employers to develop a domestic abuse workplace policy and provides tips for managers on how to manage and support an employee experiencing domestic abuse. These small steps can include giving an employee time off to consult a lawyer, diverting telephone calls or providing a safe car park space.

The guidance is necessary because domestic abuse is a subject that managers struggle to respond to appropriately. People experiencing domestic abuse can be subject to disciplinary action and even lose their jobs because their behaviour, being late for example, is misinterpreted. A domestic abuse workplace policy will mean that  skilled and experienced staff are able to retain their jobs and feel safe and supported in the workplace.

Statistics show that:

• Domestic abuse currently costs UK businesses over £1.9 billion a year
• In the UK, in any one year, more than 20% of employed women take time off work because of domestic violence, and 2% lose their jobs as a direct result of the abuse
• 75% of women that experience domestic abuse are targeted at work – from harassing phone calls and abusive partners arriving at the office unannounced, to physical assaults.

Ann Beynon, EHRC Board Member and Commissioner for Wales, comments: “We are delighted to publish this guide in partnership with the CIPD which will have huge benefits for organisations. As Commissioner for the Equality and Human Rights Commission my aim is that every employer benefits from taking effective action in the workplace to ensure their staff experiencing domestic abuse feel safe and supported at work.

“This guidance includes low cost, common sense practical tips through to steps on developing an effective domestic abuse workplace policy. Therefore, whether a large company or one of the many SMEs there are steps you can take to help managers facilitate conversations about domestic abuse and put in place support for employees."

Ben Willmott, CIPD Head of Public Policy, comments: "The guidance makes clear that there are simple steps employers can take to respond to this sensitive issue. To a large degree this is about basic good people management involving managers listening, empathising and showing concern for employees. However it is important managers are aware of the warning signs that might suggest a member of staff may be suffering from abuse, as well as the sources of support available to victims."

Notes

Read ‘Managing and supporting staff experiencing domestic abuse’ guidance

The guidance will also be available on the CIPD website from Wednesday 10 April at:

http://www.cipd.co.uk/publicpolicy/policy-reports/supporting-employees-domestic-abuse.aspx

Below is a list of ten low cost, common sense actions businesses can take to manage domestic abuse in the workplace, with benefits for both employees and businesses.

Recognise the problem

1. Look for sudden changes in behaviour and/or changes in the quality of    work performance for unexplained reasons despite a previously strong record
2. Look for changes in the way an employee dresses i.e. excessive clothing on hot days, changes in the amount of make-up worn

Respond

3. Believe an employee if they disclose experiencing domestic abuse - do not ask for proof
4. Reassure the employee that the organisation has an understanding of how domestic abuse may affect their work performance and the support that can be offered

Provide support

5. Divert phone calls and email messages and look to change a phone extension if an employee is receiving harassing calls
6. Agree with the employee what to tell colleagues and how they should respond if their ex/partner telephones or visits the workplace
7. Ensure the employee does not work alone or in an isolated area and check that staff have arrangements for getting safely to and from home
8. Keep a record of any incidents of abuse on the workplace, including persistent telephone calls, emails or visits to the workplace
9. Put up domestic abuse helpline posters on the back of toilet doors 

Refer to the appropriate help

10. Have a list of the support services offered in your area that is easily accessible and refer employees to appropriate organisations that deal with domestic abuse.

Public authorities spend £236 billion each year on buying goods, works or services from other organisations. Buying Better Outcomes provides clear advice on what the law requires, together with practical examples, so that public authorities can see what they need, and don't need, to do to comply with the PSED.

Following the PSED can be an effective tool for directing resources to where the need is greatest and thus improving the efficiency and effectiveness of public service delivery.

It can allow organisations to better meet the needs of their customers, achieve better value for money and improve outcomes for disadvantaged groups. Complying with the PSED also helps ensure that organisations meet the requirements of European procurement law.

The Commission's guidance shows how organisations can take a proportionate approach to shaping and targeting of goods and services, whether it is simple, straightforward compliance with the law or following best practice examples.

The guidance also shows how, by using their purchasing power, public authorities can promote equality and, where appropriate, achieve wider social benefits. This could include, for example, creating training or employment opportunities to support disabled people into the workplace.

Dr Karen Jochelson, Director of the Commission’s Economy and Employment Programme said:

"There are a lot of myths about what organisations need to do to comply with the public sector equality duty and the amount of time and effort it involves. This guidance will help dispel some of the misconceptions by demonstrating what public authorities need to do as a basic minimum to ensure they comply with the law, as well as how they can take a best practice approach to using their procurement processes to improve equality outcomes.

"In developing this guidance, we have had extensive input from both procurement and equality professionals, to ensure that it is practical and user friendly. At its core, this is about providing goods and services in an innovative, cost effective and fair way to benefit both the organisations themselves and their customers."

Ends

For more press information contact the Commission’s media office on, 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

• ‘Buying better outcomes. Mainstreaming equality considerations in procurement’ is available at: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/guidance-on-procurement/
• The Commission will publish an additional suit of supporting materials including 4 training modules, PowerPoint presentations, case studies and references to further reading and complimentary products in April.
• The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

'The Equality Act: Guidance for Small Business' explains how the 2010 Equality Act relates to their operations and what they need to do to ensure they stay within the law. It includes practical advice in managing important business challenges such as recruitment, promotion and what to do to ensure as many customers as possible can access their services.

'A guide to business and human rights' helps businesses identify and manage human rights issues which may arise in their business operations. These could include supplier considerations and the impact on their customers. For example, businesses might think about the right to privacy and the confidential information they hold online about customers and staff.

Both sets of guidance have been produced in response to demand and feedback from businesses in England and Wales. 'The Equality Act: Guidance for Small Business' features:

• An explanation of legal definitions;
• Businesses’ responsibilities as an employer and service provider;
• Case studies with examples.

Simple steps such as making reasonable adjustments for disabled customers and staff are highlighted in the guidance as a way to meet the Equality Act requirements. It also includes up to date information about the ban on age discrimination against adults in the provision of services and public functions which became effective on 1 October 2012.

'A guide to business and human rights' features:

• An explanation of what human rights are and why they matter for business;
• A six step approach to identifying, monitoring and remedying human rights risks;
• Businesses’ responsibility to protect the human rights of staff, customers and people affected by business operations.

It also explains business responsibilities to uphold the right to a safe work environment, balanced work and rest hours, fair remuneration and the role of business in preventing forced labour and trafficking.

Dr Karen Jochelson, Director of the Commission’s Economy and Employment Programme said:

"Both sets of guidance explain the law and the steps businesses of all sizes should take to minimise any financial or reputational risk that might occur if they breach the legislation. As well as complying with the law, it will also help businesses to treat customers and staff fairly and with dignity and respect, which is at the heart of both the Equality Act and global standards for businesses’ responsibility to respect human rights.'

"They are an ideal source of help for those businesses who do not have specialist legal or HR advice but want to be confident they are on the right side of the law."

Ends

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

All guidance is available on the Commission’s website at:
www.equalityhumanrights.com/hereforbusiness

The Commission also offers Codes of Practice to Employment and Employment, Services and Public Functions .

The Equality Act: Guidance for Small Business’ was produced with the assistance of a group of small businesses in England.

‘A guide to business and human rights’ was produced with input advice from a business working group which includes BP, Royal Bank of Scotland, Clifford Chance, Herbert Smith and Barclays Bank.

The Court said that the value of the information held about Mr John Catt, who had attended a number of political protests relating to a group called Smash EDO, did not justify its continued retention given that he was not suspected of committing any offence.

Following a request to find out what information the police held on him, Mr Catt found 66 database entries about him including one about his appearance. Fifteen per cent of the entries had nothing to do with the political protests against EDO, an arms company.

The Commission had intervened in the case as an expert third party to assist the Court. It argued that Article 8 of the Human Rights Act was contravened in this case. This protects the private life of people against arbitrary interference from the state.

The Commission said the Database is not subject to democratic oversight and contains reports about people who protest peacefully and without ever being suspected of a criminal offence.

It will now call on the Home Office and the police to review the guidance and code of practice governing the storage of personal information of those engaged in peaceful protests.

Commission deputy director, Legal, Wendy Hewitt said:

"The right to protest peacefully is a core human right.

"We accept that the police can monitor what happens at demonstrations and gather intelligence where it helps them prevent crime and disorder. However, there was no evidence that the information held about Mr Catt was of any value in preventing crime and the police were not justified in retaining information about him indefinitely.

"We will now be requesting the Home Office and police to amend the rules for operating the Database to ensure that individuals’ rights to privacy are not breached. We will press them to review the criteria for deciding whose details should be included and to improve the guidance on when that information should be taken off the database."

Ends

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

• The case is: John Oldroyd Catt vs the Association of Chief Police Officers of England & Wales & Northern Ireland(1) & The Commissioner of Police of the Metropolis
• Article 8 of the Human Rights Act is a qualified right, which protects the private life of individuals against arbitrary interference by public authorities and private organisations such as the media. For more information see:
  http://www.equalityhumanrights.com/human-rights/our-human-rights-work/human-rights-review/the-articles/article-8/

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The closure of the Fund, which provides money to enable disabled people to live in the community, will mean them becoming entirely dependent on local authority services. Stuart Bracking and other claimants argue they will lose their independence as a result, forcing many to live in hospitals or residential care.

They say that the decision was reached after a flawed consultation process by the Department for Work and Pensions which breached the Public Sector Equality Duty (1).

The Commission is intervening as an independent third party expert on human rights and equality law to assist the court. It will aim to clarify the point at which authorities are obliged to have due regard to eliminating discrimination, advancing equality of opportunity and fostering good relations when making plans.

It will argue that a policy which adversely affects rights protected by the United Nations Convention on the Rights of Persons with Disabilities (2), and is made without appropriate information is likely to breach the Public Sector Equality Duty.

The Fund has been closed to new applicants since June 2010. In December 2012 the government confirmed it would be permanently closed to new users and funding for existing users would only be maintained until the end of the current parliament in 2015.

The Commission's Deputy Director , Legal, Wendy Hewitt said:

"There are a series of cases in which the Commission has sought to clarify that the Public Sector Duty is as robust under the Equality Act 2010 as it was under previous legislation. This has been done in part by referring to standards in the UN Convention on the Rights of Persons with Disabilities.

"This case raises issues as to the point at which steps must be taken to meet the duty and to what extent authorities must consult to ensure they have enough information to assess the impact on equality."

Ends

For more press information contact the Commission’s media office on 0161829 8102, out of hours 07767 272 818.

Notes to editors

• Stuart Bracking, Paris L'amour, Gabriel Pepper, Anne Pridmore, John Aspinall (by his mother and Litigation Friend Evonne Taylforth)( claimants) v SS for Work & Pensions (defendant) -and- Equality and Human Rights Commission (Intervener) High Court (Administrative Court)
• Public Sector Equality Duty: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/
• The Convention on the Rights of Persons with Disabilities, has been ratified by the British Government. It addresses disabled people's ability to live in the community with choices equal to others: http://www.equalityhumanrights.com/human-rights/our-human-rights-work/international-framework/un-convention-on-the-rights-of-persons-with-disabilities/
• The case builds on previous work the Commission has done, in particular HA (Nigeria) v SoS for Home Dept; Bailey and others v LB Brent; and R (South West Care Homes & Ors) v Devon County Council.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission is aware of the evidence and strongly held views on both sides of the debate. What is clear is that caste is an extremely complex area, and relevant case law and empirical research is limited.

The Commission has agreed with the government, that we will look at the existing evidence and provide our expert analysis on the extent to which this problem is likely to be addressed, by either legislative or other solutions. We will publish our findings later this year.

-Ends-

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

"The right of people to express their religious belief is a vital freedom, guaranteed by the European Convention on Human Rights.

"However, following these cases there is a lot of scope for confusion on this issue. A lot of the confusion and confrontation on this issue can be avoided if we can work together to come up with common sense approaches to managing beliefs in the workplace.

"Our guidance provides clarification and practical advice to employers and employees to help them avoid costly and divisive legal action.

"In addition to publishing this guidance, the Commission is also working with the government to bring together people from different faiths, from secular and humanist groups and employers to develop ideas for how these issues can be resolved."
 

The briefing on the equal marriage bill draws on a legal opinion from a QC and advises MPs that:

• It does not breach the rights of same sex couples to restrict their opportunities for a religious marriage ceremony to those organisations and individual office-holders who consent to such a ceremony.  Therefore a challenge of the bill on these grounds in the European Court of Human Rights is extremely likely to fail.
• Teachers will be required to give an accurate representation of the law and they will be free to give their opinion of the law.  But, as with any other issue, teachers cannot seek to coerce and harass others to adopt a particular view. 
• Registrars are employed to deliver a public function and may be required to solemnise same sex marriages.  This is similar to requirements that have been placed on some registrars since the Civil Partnerships Act 2004, meaning many have been required to perform civil partnerships as part of their duties.

The Religion or Belief guidance is available at:
http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/religion-or-belief-new-guidance-february-2013/

The Commission's briefing on the Marriage (Same Sex Couples) Bill is available at:
http://www.equalityhumanrights.com/legal-and-policy/parliamentary-briefings

-Ends-

For more press information contact the Commission’s media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 
 

The Equality and Human Rights Commission intervened in the case involving ZH, who also has learning disabilities and epilepsy, to argue that the teenager's treatment by the police had been inhuman and degrading and was so serious that it contravened Article 3 of the European Convention. (1).

The Commission also told the court that the boy's subsequent restraint in handcuffs and leg irons before being locked up, alone, in a cage inside a police van constituted an infringement of Article 5, which protects against the deprivation of liberty(2).

The Court endorsed the Commission's position that, although the police did not intentionally breach his human rights, they had caused matters to escalate to a point where he was restrained wholly inappropriately.

ZH's ordeal happened when a group from his specialist day school had gone with care workers for a familiarisation visit to a baths in Acton, London. ZH, who cannot communicate by speech, broke away from the group and went to stand by the pool staring into the water. After 30 minutes the manager called the police.

The officers did not seek advice from ZH's carers - who knew a patient response was needed, and caused him to jump into the pool by touching him. After he was pulled out, five and then seven police officers restrained him before he was taken, still soaking wet, to the police van. The restraint and detention lasted about 40 minutes.

ZH subsequently experienced acute psychological suffering, including post traumatic stress and an exacerbation of his epilepsy.

In the hearing in the lower court the Metropolitan police officers were found to have subjected ZH to unlawful disability discrimination, assault and false imprisonment and to treatment that breached his rights protected by Articles 3, 5 and 8 (3) of the European Convention of Human Rights.  The Judge awarded damages of £28,250, including compensation for exacerbation of the boy's epilepsy and for psychiatric damage.

Wendy Hewitt, deputy director of legal at the Equality and Human Rights Commission said:

"We welcome the Court of Appeal's judgement in this case. Although the police officers were acting in what they thought to be the best interests of ZH, they made serious errors which led them to treat this vulnerable young man in a way which caused him great distress and anguish. The court supported the view that the threshold of Article 3 had been crossed on the particular facts of the case.

"The police deal with many vulnerable people and must make arrangements to ensure that they make well-informed decisions on how and when to restrain them, to avoid breaching their human rights obligations."

Ends

For further information contact the Commission’s media office on 0161 829 8102  out of hours 07767 272 818.

Notes to Editors

• ZH (a protected party by GH, his litigation friend) and the Commissioner of Police for the Metropolis, Liberty (intervener)Equality and Human Rights Commission (intervener)

(1) Article 3 is an absolute right prohibiting torture, inhuman or degrading treatment or punishment http://www.equalityhumanrights.com/human-rights/our-human-rights-work/human-rights-review/the-articles/article-3/

(2) Article 5 concerns the right to liberty and security. It is a qualified right http://www.equalityhumanrights.com/human-rights/our-human-rights-work/human-rights-review/the-articles/article-5/

(3) Article 8 deals with the right respect for private and family life http://www.equalityhumanrights.com/human-rights/our-human-rights-work/human-rights-review/the-articles/article-8/

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The CQC review of 250 care agencies was carried out following the publication of the Equality and Human Rights Commission's Close to Home Inquiry report.⁽¹⁾ This in depth formal Inquiry showed that inadequacies in care had a severe impact on people, and sometimes breached their human rights. The new CQC report echoes many of the EHRC Inquiry findings. These include care workers failing to turn up, rushed visits resulting in people not getting help to eat or drink, failing to listen to the wishes of service users and a lack of support for care workers themselves.

The Commission has found that many people are extremely reluctant to make complaints, even when things go seriously wrong. Failing to act on patient information and feedback was also a key finding of the Inquiry into Mid-Staffordshire NHS Trust. As the numbers of people needing home care continues to rise, home care inspections must capture the voices of those using these services.

The Commission is continuing follow-up action to its Inquiry to ensure the human rights of older people receiving home care are better protected. This includes producing practical advice to people on their rights.⁽²⁾ Its own review of compliance with its earlier recommendations will be published in May. Depending on the findings, legal action has not been ruled out.

The Commission also continues to call for the law to be strengthened to ensure that private providers of publicly commissioned home care are subject to the Human Rights Act, so that people receiving home care have the same protection as those in residential care.

Equality and Human Rights Commission CEO, Mark Hammond said:

'Very many more people receive home care than residential care. Many older care users are reluctant to complain, so home care needs to be better managed and closely and carefully regulated, to protect their human rights.'

'We are pleased that the Care Quality Commission has put home care under scrutiny through this review. The CQC needs to continue this increased regulatory attention on providers and listen closely to the voices of home care service users.'

Ends

For more press information contact the Commission's media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

(1) The Commission's Inquiry into home care was published in 2011 Close to home: An inquiry into older people and human rights in home care.

(2)The Commission has published guidance for users and their families: Your home care and human rights

As part of its follow up to the Home Care Inquiry, the Commission has held commissioning seminars for local authorities and will be producing guidance for them on how to incorporate a human rights based approach when commissioning care.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission supported Mark Daniels, a medical student and permanent wheelchair user from Peckham, against the owner and the manager of the Mosquito bar in Clapham.

Both people were accused of denying Mr Daniels access due to his disability, despite the fact that the Equality Act 2010 makes it unlawful for a service provider to discriminate against a person because of disability.

Mr Daniels claimed he was refused entry to the bar because he was a wheelchair user. He was also told the bar was too busy and there was no space for him - despite the fact that other people were being let in front of him. Mr Daniels was not expecting to be refused entry as he had been in the same bar before without any problems.

Mr Daniels also said that he was subjected to humiliating harassment by the manager who took photographs of him and then laughed at him along with the doorman. This treatment, which took place in front of customers going in and out of the bar, left Mr Daniels feeling powerless, degraded and offended.

His case highlights the difficulties still faced by many disabled people in their everyday lives, including physical access problems and dealing with discriminatory attitudes.

John Wadham, Chief Legal Officer at the Equality and Human Rights Commission, said:

'There are at least eight million disabled people in the UK. That's a potential eight million customers that businesses could be missing out on if they are failing to provide equal access to their services.'

'Businesses value customers and need them to survive so it does not make sense to exclude disabled people.

'All that is needed is a little thought by a business and investment in some common sense facilities for disabled people. A small price to pay compared to the reputational benefits for a business that is seen to treat all its customers well.'

Mr Daniels, said:

'It is regrettable to me it had to come to this as this whole action was avoidable and unnecessary but I felt the law was my only method of expressing the sense of indignity I experienced.'

'I was happy to spend my money and enjoy myself just like everybody else that evening but that opportunity was taken from me solely based on prejudice and ignorance. It's a shame some businesses still see disabled people as an inconvenience instead of as potential customers. My main goal of this action is to try and educate this business, and hopefully others, that this kind of prejudice is detrimental to themselves for losing custom, but more importantly to the individual who have their freedom and dignity stripped away.'

Guidance on how to make services accessible and avoid unlawful discrimination can be found in the EHRC Statutory Code of Practice for services, public functions and associations.

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For more press information contact the Commission's media office on 0161 829 8102, out of hours 07767 272 818.

Notes to editors

• It has been unlawful for service providers to discriminate against disabled people by treating them less favourably since 1995. Service providers are also required to make reasonable adjustments so that disabled people are not placed at a substantial disadvantage, such as providing a ramp and disabled toilets.
• The EHRC Statutory Code of Practicefor services, public functions and associations can be downloaded free from the EHRC website.
• The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an 'A status' National Human Rights Institution. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

• enable same sex couples to marry in civil ceremonies;
• ensure those religious organisations that wish to do so can opt in to conduct marriage ceremonies for same sex couples;
• provide protection under equality law for ministers of religion who do not wish to marry same sex couples;
• enable civil partners to convert their partnership to a marriage; and
• enable married individuals wishing to change their legal gender to do so without having to end their marriage.

The Commission's analysis is that churches and individual ministers will not find themselves forced by litigation to conduct same sex marriages and no one will be required to promote views about same-sex marriage which they do not support.

The Commission's analysis also concludes that the Bill is in accordance with the European Court of Human Rights' interpretation of human rights legislation and would therefore withstand any challenge in the court.

The Commission's briefing for the second reading debate is available at:

Marriage (Same Sex Couples) Bill 2012/13

The Commission will be issuing a further, more detailed analysis of the Bill to MPs at committee stage.

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For more press information contact the Commission's media office on 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Equality and Human Rights Commission (EHRC) has intervened in a landmark legal case which has determined that the way the police have dealt with confidential information relating to minor offences is in breach of human rights laws protecting privacy. 

The ruling means that children in particular will be protected against a minor misdemeanour potentially affecting their future employment prospects.

The case of T v Greater Manchester Police concerned a young man who, when he was eleven years old, had received two warnings from the police force after being found with two stolen bikes.

To his surprise - as he had assumed these warnings had expired and no longer needed to be declared - the warnings showed up when a potential employer and a university carried a criminal record check several years later. This almost resulted in him losing the job offer and a place on a university course despite the fact he had not been in any further trouble.

The Commission intervened in the Court to suggest changes in the way the police retain and disclose information such as cautions and warnings. This intervention was successful because of the protections provided by the right to privacy contained in article 8 of the Human Rights Act.

The Commission recognises that police records sometimes need to be used to vet people. However, this must be done in compliance with common sense and the protection of individuals' privacy and must be fair, reasonable and proportionate.

A warning given for a relatively trivial offence committed many years ago by a child who has not re-offended has no relevance to how that person could be safely employed to work as an adult.

John Wadham, Chief Legal Officer at the Equality and Human Rights Commission said:

“Many of us have been in minor trouble with the law as children, which we regret at the time but we would not expect that to affect our ability to get a job later in life. However, if the police and other bodies can pass on this information without our knowledge it will have serious implications for our lives and careers.

“This is an important ruling to establish how the authorities deal with confidential information they hold which could have a negative impact on people's lives

“The fact that the Court has made a declaration of incompatibility indicates the seriousness of the contravention of human rights obligations in this case, which Parliament must now correct without delay.”

Ends

For more press information contact the Commission's media office on 0161 829 8102, out of hours 07767 272 818.

Notes to editors

• Section 4 of the HRA provides that, in any proceedings in which a court considers that a provision of legislation is incompatible with a Convention right, it may make a declaration of that incompatibility. Section 4(6) makes clear, however, that a declaration of incompatibility does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given. The declaration of incompatibility is one of the most innovative features of the HRA. It is also important to note that the power may be exercised only by the higher courts and as a measure of last resort, where the legislation cannot be read or given effect in a way which is compatible with the Convention.
• The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an 'A status' National Human Rights Institution. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Mr John Catt, who had not committed, nor been suspected of committing, any criminal offence, had been present at a number of political protests relating to a group called Smash EDO, which campaigns against the arms industry.

When he submitted a request to find out what information the police held on him, Mr Catt found 66 database entries about him had been made on the National Domestic Extremism Database, including one about his appearance. Fifteen per cent had nothing to do with the political protests.

The Commission is intervening in the case in its capacity as an independent expert on human rights to assist the court. It will argue the case raises significant issues about the legality of police monitoring of public protests and contravenes Article 8 of the Human Rights Act. This protects the private life of people against arbitrary interference from the state.

In its submission the Commission will say the national database is not subject to democratic oversight and contains reports about people who protest peacefully and without ever being suspected of a criminal offence.

The retention by the state of sensitive personal information of the sort stored on this database interferes with the right to privacy and potentially stigmatises innocent people in the eyes of employers and other organisations.

John Wadham, General Counsel, Equality and Human Rights Commission, said:

'We accept the need for there to be measures to ensure the safety of the public , but these need to be proportionate. The right to protest peacefully in public is a core human right and any measures that restrict this right should be subject to proper scrutiny.'

'The Commission is concerned that the retention of material on this database, and the inadequate safeguards for its proper use and deletion, are an unlawful breach of the right to freedom of speech and freedom of protest. The police now need to take measures to ensure that the information they hold does not contravene the law.'

Ends

For more press information contact the Commission's media office on, 0161 829 8102, out of hours 07767 272 818.

Notes to Editors

• The case is: John Oldroyd Catt vs the Association of Chief Police Officers of England & Wales & Northern Ireland(1) & The Commissioner of Police of the Metropolis
• Article 8 of the Human Rights Act is a qualified right, which protects the private life of individuals against arbitrary interference by public authorities and private organisations such as the media. For more information see: Human Rights Review: Article 8

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an 'A status' National Human Rights Institute. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Court found that Nadia Eweida suffered a breach of her right to religious freedom, which is in line with the Commission’s intervention submitted to the European Court.

However, in another case involving the wearing of a cross at work – that of Shirley Chaplin, a nurse - the Court ruled that health and safety considerations meant that the UK court reached the right conclusion in supporting her employer’s actions.

The Commission’s view is that the Government should now look at the need to change the law to take the European Court judgment into account. However, until this takes place, there is potential for confusion for both employers and employees following the ruling. This is in particular due to the fact that the Court found that Eweida had suffered discrimination but that Chaplin had not.

The Commission will therefore be publishing new guidance on this issue for employers and employees, to help them avoid further confusion and potentially costly litigation while the government considers whether to change the law.

The Commission also welcomed the Court's statement of principle that "as enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a 'democratic society' within the meaning of the European Convention.'

Mark Hammond, CEO of the Equality and Human Rights Commission said:

"The right of people to express their religious belief is a vital freedom, guaranteed by the European Convention on Human Rights, so we welcome part of today’s decision by the European Court. This was in line with our advice that people should not suffer unjustified discrimination on the grounds of wearing of religious symbols.

"However there is a lot of scope for confusion following the ruling, so the Commission will be issuing guidance to employers and employees to help them and avoid further costly and divisive legal action.

"A lot of the confusion and confrontation on this issue could have been avoided if we can work together to come up with common sense approaches to the wearing of religious symbols in the workplace rather than divisive, lengthy and expensive court cases. The Commission is therefore also working with the government to bring together people from different faiths, from secular and humanist groups and employers to develop ideas for how these issues can be resolved."

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For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 

The Equality Act 2010, consolidates protection against discrimination on the grounds of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It also put in place a new public sector equality duty, which gives public authorities a legal responsibility to provide this protection and make decisions which are fair and transparent, including the allocation of public money.

The guidance gives a straightforward but comprehensive explanation of how public authorities – both as employers and service providers – should comply with the duty, as well as practical advice on how to do so.

For example, the guidance makes it clear that equality should be taken into account in all decision making where the duty is relevant. It also explains that as a matter of good practice, public authorities should keep records demonstrating how they have complied with the duty.

While this guidance is not a statutory Code of Practice, it can be used as evidence in legal proceedings. The courts have said that a body subject to the equality duty that does not follow non-statutory guidance such as this will need to justify why it has not done so. However, such guidance does not in itself impose further duties to those set out in the statute.

Ian Acheson, Chief Operating Officer at the Equality and Human Rights Commission, said:

“This guidance will play a valuable role in raising awareness of the public sector equality duty and clarifying what compliance looks like. It will help policy makers understand the requirement to have due regard to achieving fair outcomes for different groups when drawing up policies - rather than simply filling in forms at the end of the process.

“Intelligent use of the equality duty at all stages of the policy making process leads to better targeted resources, potentially avoiding costly legal challenges and changes of policy at a later stage.”

The Commission is continuing to develop a range of guidance materials on rights, responsibilities and good practice under the Equality Act 2010, including on the public sector equality duty. Technical Guidance on the Public Sector Equality Duty and the full range of guidance available for individuals, the public sector, private businesses, service providers and employers can be found at: Equality Act Codes of Practice and Technical Guidance

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

Notes to Editors

1. The public sector equality duty, which applies to 40,000 public authorities across Great Britain, consists of a general duty supported by specific duties which differ across England, Wales and Scotland. The general duty also applies to organisations in the private and third sector when they are carrying out public functions.

2. The Commission has also produced a user-friendly guide: Meeting the equality duty in policy and decision-making, which is available from: Guidance on the equality duty.

3. In 2012, the Commission published a report of a formal Assessment (under Section 31 Equality Act 2006) of the extent to which HM Treasury met its legal obligations under the public sector equality duties to consider the impact of Spending Review decisions on protected groups. Section 31Assessment of HM Treasury.

4. The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Mark Hammond, CEO of the Equality and Human Rights Commission, said:

“Stuart Lawrence’s account of his treatment sadly reflects the experience of too many black and ethnic minority people who are subject to disproportionate numbers of stops and searches by the police. The most recent figures show that across England and Wales, black people are still at least six times as likely to be stopped and searched compared to white people.

"The Commission has worked with various police forces, including the Met, to address this issue, and we have  seen some success in bringing down disproportionality in some areas with no adverse impact on crime prevention nor detection. There is no reason why all  police forces cannot adopt the same best practice.

“We hope to work with the Mayor’s team and the new police and crime commissioners to achieve this progress across the board.”

'The Human Rights Act has provided essential human rights protection to everyone in Britain and complements our long history of constitutional traditions and protection of people in vulnerable situations.'

'The Commission believes that if a Bill of Rights were developed it should not water down any human rights protection contained in the Human Rights Act, but use it as a starting point to see where additional, essential protections could be brought in.'

'The Human Rights Act has shown its value by providing an essential safeguard in areas such as protecting older people and disabled people receiving care, British servicemen and women fighting abroad and the freedom of our press. It has also enabled British people to make claims in British courts rather than having to go through the costly and time-consuming process of going to a European court.'

'The Commission welcomes a debate on such an important issue, but would not support a reversal of the leading global role Britain has long played in promoting and protecting human rights'

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For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

Notes to Editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.