WHAT IS MEANT BY A PUBLIC BODY?
There is no clear definition to what constitutes a public body, although the most obvious ones are Local Authorities, Health Boards, Government and Water Authorities. Some bodies will have a private and public function, eg Group 4 Security is a public body when transporting prisoners, yet a private body when providing security to banks etc.
Voluntary organisations which receive funding under a Service Level Agreement with the Local Authority, Health Board or Scottish Executive will count as being a public body. The funder has an obligation to ensure that the bodies which they fund are Human Rights Compliant, that is, that their policies and practices take the Human Rights Act into account. Even though an organisation is not in receipt of a Service Level Agreement, it may still count as a public body, and so it is good practice to have proper policies and procedures in place. Contact Law & Administration at Fife Council for details or information.
WHAT IS THE IMPACT OF THE HUMAN RIGHTS ACT?
The Human Rights Act affects how any public body acts, or how existing legislation is interpreted. This means that any action taken under an existing Act of Parliament or local bye-law should not contravene any of the Articles within the Human Rights Act.
some examples are given below:
it could be argued that a Health Board’s decision not to allow
an individual access to certain prescriptions or hospital treatment infringed
that individual’s “right to life” under the Act.
monitoring staff telephone calls or e-mails, displaying photographs on
a staff board, or in published material is an infringement of the “respect
for private and family life, home and correspondence” (unless staff
are advised that calls will be monitored, or give permission for their
photograph to be used).
yet to be tested in court, New Deal could be considered an infringement
of a person’s right to be “free from enforced or compulsory
labour” since refusal to take part in the scheme results in a loss
of benefit.
QUICK GUIDE TO THE NEXT STEPS
Get a copy of a “Citizen’s Guide to the Human Rights Act
Review current practices and procedures
Check if there is a Human Rights point
Check what the law is
Check out the exemptions
What action might be taken (either by or against you)
Make everyone in the organisation aware of the implications
Take account of Human Rights obligations when forming new polices and strategies.
The Articles
Right to life (to stay alive, and protect your life)
Freedom from torture, degrading or inhumane treatment
Freedom from slavery/forced or compulsory labour
Right to liberty and security of person
Right to a fair and public hearing (trial) within a reasonable time
Freedom from retrospective criminal penalties, no punishment without law
Respect for private and family life, home and correspondence
Freedom of thought, conscience and religion
Freedom of expression (note: must balance with other articles in the Act)
Freedom of assembly and association (note: peaceful protest)
Right to marry and found a family
Prohibition on discrimination in the enjoyment of the Convention’s rights
Right to peaceful enjoyment of your possessions (note: not your home or right to a home)
Right to education (which the State would normally provide, not higher education)
Right to free elections
Right not to be subjected to the death penalty.
More information on the Act, its implications, and training for your information can be obtained from:-
Scottish Human Rights Trust
www.scotsrights.org
e-mail address contactus@scotsrights.org
and
Scottish Human Rights Centre
www.shrc.dial.pipex.com
e-mail address shrc@dial.pipex.com
Another site worthy of a visit is the European Court of Human Rights
which publishes decisions on hearings within 24 hours of the verdict
being reached.
