Equality and Human Rights Commission

This document provides a framework for the role of monitoring compliance by the Police Service of Northern Ireland (PSNI) with the Human Rights Act (HRA) 1998. It recognises two stages: the development of meaningful standards against which the performance of the police can be monitored, and the monitoring process itself. The monitoring process is carried out in respect of (i) the PSNI Code of Ethics and (ii) a more detailed set of criteria (practical, everyday indices which are listed in Appendix 1). These indices are directly referenced to relevant international and domestic standards, and, in many instances, to individual cases (both domestic and international).

Initial monitoring is to be carried out in respect of the following: the PSNI Programme of Action; the adequacy and effectiveness of human rights training; compliance of policies and operations with the HRA; adherence by officers to the Code of Ethics; complaints, discipline and civil action raising human rights issues; public order; the use of force; covert policing; victims' rights; the treatment of suspects; and human rights awareness among officers.

• In the performance of their duties, police officers should protect and respect human dignity and maintain and uphold the human rights of all persons.
• The protection of human rights must be practical and effective.
• Training is one of the key ways to instil a human rights-based approach.
• There are positive obligations on the police, such as the obligation to take preventive operational measures to protect individuals whose lives are at risk from the criminal acts of others.
  

Legal and policy context

One of the recommendations of the Patten Report (Report of the Independent Commission on Policing, 1999) required the Chief Constable and Northern Ireland Policing Board (NIPB) to publish a programme of action 'to focus policing in Northern Ireland on a human rights-based approach'.

Under the Police (Northern Ireland) Act 2000, the NIPB has a statutory duty to monitor compliance by the PSNI with the Human Rights Act (HRA) 1998. This monitoring framework was devised by Keir Starmer QC and Jane Gordon, as advisers to the NIPB.

What difference do human rights make?

The document emphasises that the promotion of human rights awareness of PSNI officers at all levels is vital not only to facilitate the development of a tangible human rights culture within the PSNI but also to demonstrate its commitment to the human rights agenda in its dealings with others external to the organisation.

Related equality messages

The document emphasises that police officers have an over-arching obligation in relation to non-discrimination and should not discriminate on any grounds including race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The NIPB states that it recognises that there is an overlap between the statutory duty of the PSNI to have due regard to the need to promote equality of opportunity (under s. 27 Northern Ireland Act) and the non-discrimination provisions of the European Convention on Human Rights.

The document refers to the PSNI's equality scheme, which has been approved by the Equality Commission for Northern Ireland.

Date of review

March 2011

• Northern Ireland Policing Board (2008) Police Service of Northern Ireland Code of Ethics 2008
  http://www.nipolicingboard.org.uk/final_code_of_ethics-2.pdf
• Independent Commission on Policing for Northern Ireland (1999) A New Beginning: Policing in Northern Ireland (the 'Patten Report')
  http://www.nio.gov.uk/a_new_beginning_in_policing_in_northern_ireland.pdf
  

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