BIHR’s work to bring human rights to life in Mind’s membership magazine

Sanchita quote HR about us all

 

BIHR’s Deputy Director Sanchita Hosali was delighted to contribute to the 4-page human rights special in the latest edition of Mind’s Membership Magazine. The special feature takes a look at the Human Rights Act and how it protects people living with mental health problems from injustice and undignified treatment. As our Deputy Director Sanchita explains in the magazine “Human rights are about all of us, they are the basic protections that we should all have. When we give over power to people in positions of authority, human rights can help to give us power back.” 

Our real life stories on how the Human Rights Act helps in everyday life

Highlighting BIHR’s work with NHS Trusts and advocacy groups, including local Minds, the magazine features many of our real life stories on how the Human Rights Act is helping people with mental health issues across the country, simply by providing the language for discussion with services and not having to go to court. Our work helped Mary’s advocate to get her support once she left hospital to make sure her right to life was protected. Being able to talk about the right to liberty meant Amit was able to challenge nurses who kept telling him to stay on the ward even though he was entitled to leave and simply wanted to visit a local coffee shop. These and many other real life stories about the Human Rights Act supporting people living with mental health problems are explained in BIHR’s The Human Rights Act: Changing Lives and our highly acclaimed Mental Health Advocacy and Human Rights: Your Guide, a practical resource for service users and those assisting them.

Our advocacy guide, recently commended by the Care Quality Commission, was co-produced with partners on one of our Human Rights in Healthcare projects, including Mind at Brighton and Hove. As part of the project we helped the group to develop a human rights approach in their advocacy service, it’s great to see the continuing success of the project featured in the Mind Magazine. As Bill Turner, Advocacy Team leader, says “The team now regularly refers to specific rights when speaking to health professionals and service providers, and has invoked the HRA to raise concerns about physical abuse, the withdrawal of medication and the refusal to allow a patient to leave a ward.”

Working with mental health services: prevention rather than cure

The magazine also features BIHR’s work with NHS Trusts to practice prevention rather than cure a put human rights at the heart of services. For example we support Mersey Care NHS Trust to integrate human rights into learning disability and mental health services. This has included innovate work to support staff and to involve patients and carers in decisions, including issues about risk and how the service is run. As Irene Burns-Watts, Service Director, says in the magazine: “What is really powerful is how we have begun to translate human rights into people’s everyday care: supporting people with humanity, dignity and respect. We are beginning to see results, including a reduction in incidents and in the use of both restraint and medication”

Standing up for human rights

The article also looks at hoSanchita explain HRw human rights tend to get a bad press in the UK, with politicians often quick to criticise them. Sanchita explains how this is hardly surprising given that our rights are designed to limit those with power. She also discusses how suggestions that we should alter human rights laws are unhelpful, and what is needed is a genuine debate to increase understanding of human rights: “Before we talk about getting rid of the Human  Rights Act or changing it, let’s look at what it’s really doing.” Sanchita flags up our Annual Human Rights Tour, free pop-up events across the country which give people a place to get information about human rights, to debate and discuss what they really mean, and how this leads to very different conversations. Find out more about bidding for the 2014 Tour to come to your town this Autumn here.

Find our more

You can find out more about what Mind does and becoming a member, including receiving your own regular copy of the full Membership News here.

You can find out more about BIHR’s projects with partner organisations such as Mind Brighton by checking out our Human Rights in Healthcare Project pages here. Our latest resource features lots of real stories, The Difference It Makes: Putting Human Rights at the Heart of Health and Care, is available here. Finally, if you are living with mental health problems or supporting someone who is get your copy of BIHR’s Mental Health Advocacy and Human Rights: Your Guide here.

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Let’s remember women’s rights are human rights

 

This International Woman’s Day BIHR’s volunteer Charlotte is writing about the importance of remembering that women’s rights are human rights.IWD

This Saturday, the 8 March, is International Women’s Day and although it is a time to celebrate the great achievements of women throughout history it is also time to remember the work that still needs to be done to make sure women’s rights are being upheld. Ban Ki-Moon, in his United Nations Secretary General’s message this year said “realizing human rights and equality is not a dream, it is a duty of governments, the United Nations and every human being.” So we should use this opportunity to remind ourselves and those in power that violence against and injustice towards women is a human rights issue, and our law – the Human Rights Act (HRA) – has real potential to protect women from violence and to ensure accountability and justice when women fall through the gaps.

Violence against women here at home

Violence against women remains one of the most widespread human rights violations worldwide and is not restricted by country borders, cultures, ages or social status. The UK is not exempt from this devastating abuse of human rights. Just this week the European Union Agency for Fundamental Rights (FRA) released a survey on violence against women which revealed the extensive abuse experienced by women and girls across Europe. The FRA Director Morten Kjaerum said the survey “shows that physical, sexual and psychological violence against women is an extensive human rights abuse in all EU Member States,” and that, “the enormity of the problem is proof that violence against women does not just impact a few women only – it impacts on society every day.”

The UK came joint fifth highest for incidence of physical and sexual violence (44%). Even taking into account measures which have increased reporting within the UK, it is still the case that almost half of British women surveyed stated they had been assaulted. These statistics highlight how important it is women know about their human rights and how they are relevant to the investigation of violence against women, and making sure that public officials do not undermine basic rights.

The Human Rights Act – getting justice for women

Just this week we have seen how important the Human Rights Act has been for helping women to hold the Metropolitan Police accountable for serious failures in the investigation of sexual violence. The two women, known as DSD and NBV, were both raped by John Worby the so-called ‘black cab rapist’. John Worboy was eventually prosecuted and jailed for life in 2009. However, this happened after numerous women reported attacks which were not taken seriously, enabling John Worboy to remain at large. DSD was attacked Worboy in 2003 and NBV in 2007, both under similar circumstances. Both women reported their attacks to the police but neither were believed and their cases were dropped. In 2008 a routine computer check linked 4 assaults with similar circumstance and Worboy was arrested. But by then the police had 105 allegations against Worboy.

Whilst Worboy was eventually investigated and convicted under the criminal law, there still remained serious questions about the accountability of the police for their failures to act. DSD and NBV took a legal case against the police. The High Court ruled that the prohibition on inhuman or degrading treatment, in Article 3 of the Human Right Act included a positive duty on the Metropolitan Police to investigate particularly serious crimes such as rape and sexual assault. It was found that the assaults on the women, and the subsequent ordeal caused by the failure of the police to take the allegations seriously, amounted to inhumane or degrading treatment and breached Article 3 of the HRA. The judge found that systemic failures throughout the police investigation breached the duty to investigate and also found “tangible evidence of both DSD and NHR handsBV not being supported or believed.”

Speaking up for women’s rights, speaking up for human right

This case highlights the importance of the UK’s human rights laws and how the HRA can help us secure justice and redress when our rights have been breached by those with power and responsibility to protect our rights. The DSD and NBV case is a good reminder of why the Human Rights Act is important and the potential it has as a tool for change is realised through action. There are many economic and political challenges in the current climate, so now is the time to use the laws and levers we have to make real changes for women experiencing injustice.

Human Rights Beneath The Headlines – A view from BIHR’s volunteer Charlotte

Human Rights Benath the Headlines

Human Rights Benath the Headlines

On Thursday the 30 January Leigh Day Law, in London, kindly hosted the British Institute of Human Right’s (BIHR) event Human Rights Beneath the Headlines. With so much swirling about in the UK’s media on human rights BIHR decided to respond to the people who want to know more, who read the headlines and wonder if there is more to the story. The audience were invited to send in questions beforehand or to just throw out their must ask issue on media stories during the Q and A style event.

Helen Wildbore, Human Rights Officer at BIHR, was in the chair and joined by Adam Wagner, Barrister and founder and editor of the UK Human Rights Blog, Benjamin Burrows solicitor at Leigh Day and his colleague Elisabeth Andresen, who have worked on a range of cases including prisoner’s rights, the Dale farm eviction and health abuse issues, plus BIHR’s Deputy Director Sanchita Hosali. The panel shared their expertise to look behind some of the cases most often featured in the headlines, as well as shining a light on those human rights cases that rarely make it into the media. The headlines came from a variety of UK newspapers, broadsheets and tabloids, which ran stories on human rights issues.

Read all about it!

To start we looked at headlines relating to prisoner’s voting rights asking questions such as, ‘Why should judges in Europe be able to force us to give prisoners the vote?’ The panellists looked at the legal issues behind the prisoner voting cases and what the ECHR said in its judgement – that the blanket ban on prisoner voting was unlawful rather than all prisoners should be given the vote. The negative headlines on the issue also highlighted the continued confusion between the European Union and the European Court of Human Rights when it comes to human rights law – some questioned whether this was deliberate or not.

Event panellists

Event panellists

Other headlines posed the question – ‘It seems like the Human Rights Act is really only about helping people who should be punished not given more rights?’ As panellist Adam flagged these aren’t cases about damages, they are about justice, often for people who have been at the sharp end of Government decisions. As Sanchita noted, one of the functions of human rights is to help ensure justice and the rule of law in democracies, to protect us all including those who the majority or those in power might deem unpopular. This was echoed by Elizabeth who spoke about cases on Mid-Staffordshire and other major healthcare failings where the Human Rights Act provides families with a vital way of holding the authorities to account. Again, what human rights helps them with is to get an apology for the infringement of their rights or the abuse of their loved ones. In many cases if damages are rewarded they are often small and only in grievous cases.

Immigration and deportation was another hot topic, with so many headlines leading to questions like ‘Is it true that human right’s stops us deporting people like criminals and from having control over immigration? We need to be able to set the rules.’ The panel spoke about how the figures on these issues are fairly complicated and often not as clear cut as presented. The law allows deportation if a person has been sentenced to more than twelve months. In the experience of the panellists successful human rights cases preventing deportation tended to be the exception rather than the norm and often involved issues like the rights of the children of those involved, including British children. Also, stories on this issues can mix up immigration and migration with deportation based on criminal conviction.

Similar issues about facts and figures were flagged when we looked at the UK’s relationship with the European Court of Human Rights. As figures that had been released on the day of the event revealed the ECHR grants very cases against the UK and in general the UK Government does fairly well at the ECHR. The ECHR’s annual statistics showed that 98.85% of the 1,652 UK cases brought to the court in 2013 were declared inadmissible or struck out. Of the remaining cases it found the UK had breached human rights in 9 cases and had not in 10.

The final set of headlines focused on the issue of ‘stories about leaving the European Convention/ Court of Human Rights and maybe having a British Bill of Rights, how would this be different?’ Sanchita spoke about how in these debates in the UK what is often ignored is that the Human Rights Act is important not for its own sake but because it is the promise of international human rights made our law. All the panellist were cautious about debates on a new British Bill of Rights. In principle sounds like a great idea, but is the political climate of negativity about human rights the context for a new law? Some questioned how different a new law to make human rights sound more appealing would be.

Putting the confusion to bed

The event certainly helped to clarify some of the facts behind the headlines. It also gave the opportunity flag up the kinds of cases where the Human Rights Act helps people in everyday life get justice. It was revealing how there are news stories where human rights are of central importance but are never mentioned. Perhaps the media and political debates would be very different if these stories also mentioned how human rights laws help people, such as enabling those subjected to inhuman and degrading circumstances in hospitals and care homes to seek accountability and better treatment. Until then events like BIHR’s Human Rights Beneath the Headlines are very much needed!

NOTE: BIHR would like to thank to everyone who came along, to our panellists and especially Leigh Day for hosting the event.