Agenda

2. Equality & Rights Alliance Workshops on Public Sector Duty Damien WalsheEquality and Rights Alliance

3. Agenda • Introductions • What is the Public Sector Duty?- act, who is covered, the role of IHREC • Discussion: Working with Public Bodies- what are the current challenges and what are we working towards? • Integrating human rights & Equality • Values • How to implement the Duty • What is the role of Civil Society • Next steps

4. The Equality Rights Alliance • Formed in 2008 as response to cuts in Equality & Human Rights Infrastructure • Coalition of 170 individuals, Civil Society groups & unions • Mission is to defend and strengthen the equality and human rights statutory infrastructure • Published “A New Public Sector Equality & Human Rights Duty” March 2015 • Working group on Public Sector Duty formed in March 2016

5. What is A Public Sector Duty? • Requires public bodies to take proactive steps to promote equality, protect human rights and prohibit discrimination (for employees and service users) • Potential: • Enhance the provision of quality, inclusive, accessible and accountable public services that can reduce inequalities and advance the fulfillment of human rights • Reinforce and compliment current legislative model • Drive cultural change • Evidence-based outcomes for equality and human rights

6. IHREC Act 2014 S42 • 42(1) A public body shall, in the performance of its functions, have regard tothe need to— • (a) eliminate discrimination, • (b) promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and • (c) protect the human rights of its members, staff and the persons to whom it provides services.

7. IHREC Act 2014 S42 • 42(2) For the purposes of giving effect to subsection (1), a public body shall, having regard to the functions and purpose of the body and to its size and the resources available to it— • set out in a manner that is accessible to the public in its strategic plan (howsoever described) an assessmentof the human rights and equality issues it believes to be relevant to the functions and purpose of the body and the policies, plans and actions in place or proposed to be put in place to address those issues, and • report in a manner that is accessible to the public on developments and achievementsin that regard in its annual report (howsoever described).

8. Role of the IHREC • The IHREC may: • Give guidance • Issue guidelines, and • Prepare codes of practice on the duty.

9. Role of the IHREC • Where the IHREC considers that there is evidence of a failure by a public body to perform its functions in a manner consistent with the duty and that it is appropriate in all the circumstances to do so, the Commission may invite the public body to— • carry out a review in relation to the performance by that body of its functions under the duty, or • prepare and implement an action plan in relation to the performance by that body of its functions under the duty. Or Both

10. The Duty in Practice Duty obliges public bodies to focus on: • Policy making, service design & internal procedures. • Policy implementation, service delivery & internal practices • Evaluation, review & monitoring of policies, services and internal operations

11. Opportunity & Challenge Opportunity: • Potential for Ireland to set a standard for the operation of a combined public sector duty • Coherent set of demands from Civil Society Challenge: • Avoiding a siloed approach – Equality / Human Rights • Setting right level of ambition for the duty

12. Discussion Piece Where we are at: Civil Society Engagement with Public Bodies • What is the relationship between representative organisations and public bodies? • What are the challenges in working on equality and human rights issues with Public Bodies?

13. Discussion What are trying to achieve? • What do we want from our public services (what is our vision for Public Services in Ireland?) • How do we communicate that?

14. Integration of Equality & Human Rights Equality: • Traditionally a focus on activism • Mobilizing & organizing people who experience inequality & discrimination • Work with specific groups on the basis of their identity & status in society • Looks at institutional & structural sources of inequality • Focus on social change & Alternative forms of society

15. Integration of Equality & Human Rights Human Rights: • Traditional focus has been individual & legalistic • Traditionally a focus on watchdog & monitoring • State legally bound to deliver on obligations to rights holders (individuals) • Significant focus on utilizing UN & EU reporting & courts to compel State to protecting & respecting rights

16. Human Rights in the Constitution • Right to life (Article 40.3) • Equality before the Law ( Article 40.1) • Right to a fair trial (Article 38.1) • Right to Liberty (Article 40.4) • Right to freedom of expression, assembly and association (Article 40.6.1) • Protection of the family (Article 41)

17. Interpretation of Human Rights not explicitly set out in constitution • Right to bodily integrity • Right to freedom from torture, inhuman or degrading treatment or punishment • Right to work and earn a livelihood • Right to privacy

18. Civil and political rights covered under ECHR • Prohibition of torture and ill-treatment (Article 3) • Right to a fair trial (Article 6) • Freedom of thought, conscience and religion (Article 9) • Right to marry (Article 12) • Right to education (protocol 1, article 2) • Prohibition of discrimination in the enjoyment of Convention rights (Article 14)

19. Human Rights Equality

20. Values that Connect & Reinforce

21. Values in the Public Sector IPA research (2008): • efficiency, • impartiality, • honesty, • loyalty, • risk-aversion, • equity, • hierarchy, • integrity, • accountability and fairness.

22. How to implement the Duty • A. Create the Conditions • Establish senior management working group to drive implementation • Training • Data systems to measure effectiveness • Participation of representative groups

23. How to implement the Duty • B. Establish the Organisational Values for Equality and Human Rights • Identify values held by organisation & agree definitions Establish senior management working group to drive implementation C. Prepare an Equality and Human Rights Statement • Gather data across nine grounds & socioeconomic status • Identify objectives under each value • Establish human rights & equality issues under these objectives • Participation of representative groups

24. How to implement the Duty • D. Deploy the Equality and Human Rights Statement in • Preparing strategic plan • Managing work of organisation • Reporting on and evaluating work of organisation • Conducting employment equality & human rights reviews internally • Conducting service provision reviews • Implementing equality & human rights assessment on key policies

25. Discussion Piece What are we going to do next: • What should you do after this meeting? • What steps can you take collectively in relation to PSD in your area? • What supports will be needed to ensure Civil Society can play an active role in shaping how PSD is implemented?

26. Role of Civil Society? • Create awareness of duty • Create demand for implementation • Build links with other community groups • Offer expertise to public bodies • Contact IHREC