Human Rights In The Community: Rights As Agents For Change (Human Rights Law in Perspective)

There has been a considerable focus in the last few years on the meaning of UK’s Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a 'human rights culture' but how precisely is such a culture to be created, and how do we make sense of human rights? Questions are addressed in two parts. Part I examines general issues surrounding the full and effective implementation of human rights, including their mainstreaming in legal and political life as well as the implications of constitutional change for human rights protection in the UK. Part II explores the implications of human rights standards in particular areas in order to test whether a 'human rights culture' has emerged. Half Title Page......Page 1 Half Title verso......Page 2 Title Page......Page 3 Title verso......Page 4 Contents......Page 5 Acknowledgements......Page 7 List of Contributors......Page 9 Table of Cases......Page 11 Table of Legislation......Page 19 INTRODUCTION......Page 31 MAINSTREAMING HUMAN RIGHTS AND EQUALITY?......Page 32 USING HUMAN RIGHTS......Page 33 CONCLUSION......Page 34 Part I: Making Human Rights Count in Practice......Page 37 CURRENT DISCUSSION OF HUMAN RIGHTS MAINSTREAMING......Page 39 HUMAN RIGHTS AND THE POSITIVE OBLIGATIONS OF GOVERNMENT......Page 42 MAINSTREAMING AND THE LIMITATIONS OF EXISTING MECHANISMS......Page 43 ROLE OF MAINSTREAMING AND THE CONTROVERSIAL NATURE OF POSITIVE OBLIGATIONS......Page 44 EPISTEMIC COMMUNITIES AND SOME POSSIBLE PROBLEMS WITH MAINSTREAMING......Page 46 MAINSTREAMING AND EQUALITY: AN ANALOGY?......Page 47 DIFFERENT WAYS OF USING THE EQUALITY MAINSTREAMING MODELS......Page 49 PROCESS REQUIREMENTS OF EQUALITY MAINSTREAMING......Page 50 IMPACT ASSESSMENT......Page 51 PARTICIPATION......Page 52 PUBLIC SERVANTS AND MAINSTREAMING: DOES IT WORK?......Page 54 LEGAL UNDERPINNINGS WITHOUT LITIGATION?......Page 55 CONCLUSION......Page 57 INTRODUCTION......Page 59 DEVELOPING AGENDAS......Page 61 HUMAN RIGHTS AS CULTURE CHANGE......Page 62 CASE FOR A HUMAN RIGHTS COMMISSION......Page 63 VALUABLE COMPLEMENT TO EQUALITY AGENDA......Page 66 DELIVERY IN PRACTICE......Page 68 STRATEGIC FOCUS......Page 69 CONFLICTING RIGHTS......Page 70 CONCLUSION......Page 71 INTRODUCTION......Page 73 RIGHTS AS AGENTS FOR CHANGE......Page 74 THE DISTINCTIVENESS OF SOCIO-ECONOMIC RIGHTS AS AGENTS FOR CHANGE......Page 75 THE NORTHERN IRELAND CASE......Page 78 INTERDEPENDENCE......Page 88 THE RELEVANCE OF THE NORTHERN IRELAND EXPERIENCE TO BRITAIN......Page 89 CONCLUSIONS......Page 90 THE MEANING OF ‘HUMAN RIGHTS CULTURE’......Page 93 WHAT DID THE GOVERNMENT INTEND?......Page 95 THE ABSENCE OF A HUMAN RIGHTS CULTURE......Page 96 MISUNDERSTANDINGS ABOUT HUMAN RIGHTS......Page 97 HUMAN RIGHTS: OTHER INTERPRETATIONS......Page 98 STEPS TOWARDS ACHIEVING A HUMAN RIGHTS CULTURE......Page 99 CONCLUSION......Page 108 Part II: Using Human Rights......Page 109 INTRODUCTION......Page 111 EDUCATION AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS......Page 113 HUMAN RIGHTS AND EDUCATION UNDER THE HUMAN RIGHTS ACT 1998......Page 122 THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON EDUCATIONAL POLICY AND PRACTICE......Page 136 CONCLUSION......Page 141 THE SIGNIFICANCE OF THE HUMAN RIGHTS ACT......Page 143 THE CIRCUMSTANCES OF THE OLDER POPULATION......Page 144 AGEISM AND AGE DISCRIMINATION......Page 147 THE IMPACT OF AGE DISCRIMINATION......Page 149 THE IMPLICATIONS FOR HUMAN RIGHTS......Page 152 MAKING A REALITY OF HUMAN RIGHTS FOR OLDER PEOPLE......Page 160 CONCLUSION......Page 163 INTRODUCTION......Page 165 A ROLE FOR THE HUMAN RIGHTS ACT BEYOND THAT OF THE DISABILITY DISCRIMINATION ACT (DDA)?......Page 167 ARTICLE 2: THE RIGHT TO LIFE......Page 168 ARTICLE 3......Page 173 ARTICLE 8......Page 175 ARTICLE 6......Page 179 CONCLUSION......Page 181 INTRODUCTION......Page 185 THE HUMAN RIGHTS ACT 1998 AND MENTAL HEALTH LAW......Page 186 GREATER SCRUTINY OF THE USE OF THE MENTAL HEALTH ACT: COMPULSORY TREATMENT......Page 189 CLARIFICATION OF THE STATUS OF THE CODE OF PRACTICE TO THE MENTAL HEALTH ACT......Page 191 THE HUMAN RIGHTS ACT 1998 AND MENTAL HEALTH CARE......Page 192 TOWARDS A CULTURE OF RESPECT FOR HUMAN RIGHTS?......Page 201 OPPORTUNITIES FOR CHANGE......Page 202 INTRODUCTION......Page 205 THE LAW IN ENGLAND AND WALES IN 1993......Page 206 THE LAW IN ENGLAND AND WALES IN 2004......Page 207 HOW HAVE HUMAN RIGHTS MADE A DIFFERENCE?......Page 226 CONCLUSION......Page 228 THE MUSLIM COMMUNITY IN THE UK......Page 231 THE RIGHTS IN UK LAW AND PRACTICE......Page 232 SECURING THE RIGHT TO FREEDOM OF RELIGION......Page 233 SECURING THE OTHER CIVIL AND POLITICAL RIGHTS IN THE HUMAN RIGHTS ACT......Page 240 SECURING SOCIAL, ECONOMIC AND CULTURAL RIGHTS BEYOND THE HUMAN RIGHTS ACT......Page 245 DEVELOPING A HUMAN RIGHTS CULTURE IN THE UK......Page 246 ADDRESSING THE CONCERNS OF FAITH COMMUNITIES THROUGH A HUMAN RIGHTS CULTURE......Page 247 CONCLUSION......Page 249 INTRODUCTION......Page 251 THE STATE OF CHILDREN’S RIGHTS IN ENGLAND......Page 252 WHAT HAVE HUMAN RIGHTS DONE FOR CHILDREN?......Page 257 CHILDREN AS RIGHTS HOLDERS: BIG VISION, LITTLE PROGRESS......Page 264 Index......Page 269 Half Title Page 1 Half Title verso 2 Title Page 3 Title verso 4 Contents 5 Acknowledgements 7 List of Contributors 9 Table of Cases 11 Table of Legislation 19 1. Creating a Culture of Respect for Human Rights 31 INTRODUCTION 31 MAINSTREAMING HUMAN RIGHTS AND EQUALITY? 32 USING HUMAN RIGHTS 33 CONCLUSION 34 Part I: Making Human Rights Count in Practice 37 2. Mainstreaming Human Rights 39 INTRODUCTION 39 CURRENT DISCUSSION OF HUMAN RIGHTS MAINSTREAMING 39 HUMAN RIGHTS AND THE POSITIVE OBLIGATIONS OF GOVERNMENT 42 MAINSTREAMING AND THE LIMITATIONS OF EXISTING MECHANISMS 43 ROLE OF MAINSTREAMING AND THE CONTROVERSIAL NATURE OF POSITIVE OBLIGATIONS 44 EPISTEMIC COMMUNITIES AND SOME POSSIBLE PROBLEMS WITH MAINSTREAMING 46 MAINSTREAMING AND EQUALITY: AN ANALOGY? 47 DIFFERENT WAYS OF USING THE EQUALITY MAINSTREAMING MODELS 49 PROCESS REQUIREMENTS OF EQUALITY MAINSTREAMING 50 ADDRESSING THE MARGINALISATION OF HUMAN RIGHTS 51 IMPACT ASSESSMENT 51 PARTICIPATION 52 PUBLIC SERVANTS AND MAINSTREAMING: DOES IT WORK? 54 LEGAL UNDERPINNINGS WITHOUT LITIGATION? 55 ‘FULFILLING’ EQUALITY AND THE PROBLEM OF RESOURCES 57 CONCLUSION 57 3. Partner Rediscovered: Human Rights and Equality in the UK 59 INTRODUCTION 59 DEVELOPING AGENDAS 61 HUMAN RIGHTS AS CULTURE CHANGE 62 CASE FOR A HUMAN RIGHTS COMMISSION 63 VALUABLE COMPLEMENT TO EQUALITY AGENDA 66 DELIVERY IN PRACTICE 68 STRATEGIC FOCUS 69 CONFLICTING RIGHTS 70 CONCLUSION 71 4. Social and Economic Rights as Agents for Change 73 INTRODUCTION 73 RIGHTS AS AGENTS FOR CHANGE 74 THE DISTINCTIVENESS OF SOCIO-ECONOMIC RIGHTS AS AGENTS FOR CHANGE 75 THE NORTHERN IRELAND CASE 78 INTERDEPENDENCE 88 THE RELEVANCE OF THE NORTHERN IRELAND EXPERIENCE TO BRITAIN 89 CONCLUSIONS 90 5. Building a Human Rights Culture 93 THE MEANING OF ‘HUMAN RIGHTS CULTURE’ 93 WHAT DID THE GOVERNMENT INTEND? 95 THE ABSENCE OF A HUMAN RIGHTS CULTURE 96 MISUNDERSTANDINGS ABOUT HUMAN RIGHTS 97 HUMAN RIGHTS: OTHER INTERPRETATIONS 98 STEPS TOWARDS ACHIEVING A HUMAN RIGHTS CULTURE 99 CONCLUSION 108 Part II: Using Human Rights 109 6. Education: Hard or Soft Lessons in Human Rights? 111 INTRODUCTION 111 EDUCATION AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 113 HUMAN RIGHTS AND EDUCATION UNDER THE HUMAN RIGHTS ACT 1998 122 THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON EDUCATIONAL POLICY AND PRACTICE 136 CONCLUSION 141 7. Older People 143 THE SIGNIFICANCE OF THE HUMAN RIGHTS ACT 143 THE CIRCUMSTANCES OF THE OLDER POPULATION 144 AGEISM AND AGE DISCRIMINATION 147 THE IMPACT OF AGE DISCRIMINATION 149 THE IMPLICATIONS FOR HUMAN RIGHTS 152 MAKING A REALITY OF HUMAN RIGHTS FOR OLDER PEOPLE 160 CONCLUSION 163 8. The Human Rights Act 1998 and Disabled People: A Right to be Human? 165 INTRODUCTION 165 A ROLE FOR THE HUMAN RIGHTS ACT BEYOND THAT OF THE DISABILITY DISCRIMINATION ACT (DDA)? 167 ARTICLE 2: THE RIGHT TO LIFE 168 ARTICLE 3 173 ARTICLE 8 175 ARTICLE 6 179 CONCLUSION 181 9. The Emperor's New Clothes? The Impact of the Human Rights Act 1998 on Mental Health Care 185 INTRODUCTION 185 THE HUMAN RIGHTS ACT 1998 AND MENTAL HEALTH LAW 186 GREATER SCRUTINY OF THE USE OF THE MENTAL HEALTH ACT: COMPULSORY TREATMENT 189 CLARIFICATION OF THE STATUS OF THE CODE OF PRACTICE TO THE MENTAL HEALTH ACT 191 THE HUMAN RIGHTS ACT 1998 AND MENTAL HEALTH CARE 192 TOWARDS A CULTURE OF RESPECT FOR HUMAN RIGHTS? 201 OPPORTUNITIES FOR CHANGE 202 10. Sexual Orientation and Gender Identity 205 INTRODUCTION 205 THE LAW IN ENGLAND AND WALES IN 1993 206 THE LAW IN ENGLAND AND WALES IN 2004 207 HOW HAVE HUMAN RIGHTS MADE A DIFFERENCE? 226 CONCLUSION 228 11. Religious Discrimination 231 INTRODUCTION 231 THE MUSLIM COMMUNITY IN THE UK 231 THE RIGHTS IN UK LAW AND PRACTICE 232 SECURING THE RIGHT TO FREEDOM OF RELIGION 233 SECURING THE OTHER CIVIL AND POLITICAL RIGHTS IN THE HUMAN RIGHTS ACT 240 SECURING SOCIAL, ECONOMIC AND CULTURAL RIGHTS BEYOND THE HUMAN RIGHTS ACT 245 DEVELOPING A HUMAN RIGHTS CULTURE IN THE UK 246 ADDRESSING THE CONCERNS OF FAITH COMMUNITIES THROUGH A HUMAN RIGHTS CULTURE 247 CONCLUSION 249 12. Children's Human Rights as a Force for Change 251 INTRODUCTION 251 THE STATE OF CHILDREN’S RIGHTS IN ENGLAND 252 WHAT HAVE HUMAN RIGHTS DONE FOR CHILDREN? 257 CHILDREN AS RIGHTS HOLDERS: BIG VISION, LITTLE PROGRESS 264 Index 269 "There has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a human rights culture but how precisely is such a culture to be created,and how do we make sense of human rights? In order to address these questions this volume is in two parts. Part I examines general issues surrounding the full and effective implementation of human rights. Part II explores the implications of human rights standards in particular areas in order to test whether a human rights culture has emerged."--Bloomsbury Publishing "There has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a 'human rights culture' but how precisely is such a culture to be created, and how do we make sense of human rights? In order to address these questions this volume is in two parts. Part I examines general issues surrounding the full and effective implementation of human rights. Part II explores the implications of human rights standards in particular areas in order to test whether a 'human rights culture' has emerged."--Jacket In This Volume The Focus Is On The Practice Of Human Rights And How They Are Enforced In Reality. It Explores The Implications Of Human Rights Standards In Particular Areas In Order To Test Whether A 'human Rights Culture' Has Emerged. 1. Creating A Culture Of Respect For Human Rights -- 2. Mainstreaming Human Rights -- 3. Partner Rediscovered: Human Rights And Equality In The Uk -- 4. Social And Economic Rights As Agents For Change -- 5. Building A Human Rights Culture -- 6. Education: Hard Or Soft Lessons In Human Rights -- 7. Older People -- 8. The Human Rights Act 1998 And Disabled People: A Right To Be Human? -- 9. The Emperor's New Clothes? The Impact Of The Human Rights Act On Mental Health Care -- 10. Sexual Orientation And Gender Identity -- 11. Religious Discrimination -- 12. Children's Human Rights As A Force For Change. Edited By Colin Harvey. The British Institute Of Human Rights. Includes Bibliographical References And Index.