United Nations Treaty Monitoring and the Universal Periodic Review

1. United Nations Treaty Monitoring and the Universal Periodic Review The role and responsibilities of the Equality and Human Rights Commission APPG on Equalities, 3rdFebruary 2015 Commissioner Sarah Veale

2. What we will cover • The EHRC: An NHRI with ‘A’ status • Our UPR and UN Treaty Strategy • The UPR Cycle • UK UPR Mid-Term Report and Follow up • Suggestions on how Parliamentarians can Assist with UPR Follow Up • Upcoming UK UN Reporting for 2015/16

3. EHRC – an NHRI with ‘A’ Status • UN’s Paris Principles outline requirements for EHRC to have & retain ‘A’ status, including to: • Monitor, report & advise on the UK's compliance with its international human rights obligations • Cooperate with UN bodies • Make statements at the UNHRC • Consult civil society & facilitate their engagement with UN processes • Examine current & proposed law & policy; & make recommendations so they meet UN obligations • Belgrade Principles require us to work with Parliament to ensure that they have evidence on HRs in order to follow up on progress and help hold the Government to account

4. UPR & Treaty Strategy & Prioritisation A single, coordinated strategy, to fulfil the Paris Principles & to prioritise the issues we monitor, report & follow up on, according to: • Evidence - EHRC's Human Rights Review 2012 • UN’s priorities • EHRC’s Strategic Priorities • Programme for Government & Queen’s Speech • Equality Analysis Reviewed annually by Commissioner Working Group: Sarah Veale, Chris Holmes & Evelyn Asante-Mensah Impact to date: Between 50-75% of the UN’s recommendations are derived from EHRC reports

5. EHRC’s Mid-Term Universal Periodic Review (UPR) report • The UPR – UN Human Rights Council review of every UN member state • Opportunity for a state to demonstrate their improvements to HRs at home & share best practice around the globe • UK last reviewed in 2012 – Lord McNally led the UK delegation to Geneva • UK received 132 recommendations to progress by 2017 • 2014 EHRC reviewed progress at mid-term point • Focussed on 13 themes where progress is most needed and achievable by 2017

6. Parliamentarians can contribute to follow up with UK Government 1. Trafficking • What: Ensuring all acts of trafficking and forced labour, including in relation to children, are criminalised, in compliance with Article 4 of the ECHR and the European Directive on Trafficking, • Action: Seek assurances that the Bill will meet the international legal frameworks and that there is a duty on public authorities to report and record trafficked children who go missing from care to facilitate the collation of intelligence to combat child trafficking. • EHRC parliamentary briefings on the Modern Slavery Bill: www.equalityhumanrights.com/legal-and-policy/our-legal-work/parliamentary-briefings

7. 2. Access to Justice • What: Changes to civil law justice, including legal aid reform, can compromise people’s access to justice: • Action: Consider contributing to EHRC’s interim report to CEDAW on the impact of changes to Legal Aid on women (due Dec 2015) • Forthcoming: For 2015/16, we are developing a new area of work on equality and human rights impacts of changes affecting access to civil law justice, drawing on evidence from a literature review and roundtable events

8. 3. Youth Justice • What: The Criminal Justice and Courts Bill provides for the potential ‘use reasonable force where necessary to ensure good order and discipline’ in secure training colleges. • Action: Encourage an amendment to the Bill so that force is only ever used as a last resort to prevent harm to others & the child. This will make it in line with Arts 3 & 8 of the ECHR, recommendations by the UN Convention on the Rights of the Child and the views of the JCHR. • EHRC parliamentary briefings on Physical Restraint: www.equalityhumanrights.com/legal-and-policy/our-legal-work/parliamentary-briefings/criminal-justice-and-courts-bill-2014-use-physical-restraint-secure-colleges

9. 3. Violence Against Women and Girls (VAWG) • What: UK is seeking to sign and ratify the Istanbul Convention on VAWG, but legal and policy changes still needed • Action: Consider and follow-up recommendations of the JCHR’s VAWG inquiry and the UN Special Rapporteur on VAWG - due to be published soon • EHRC report: CEDAW - Understanding what governments need to do to advance women’s rights in GB: www.equalityhumanrights.com/about-us/our-work/human-rights/international-framework/un-convention-elimination-discrimination-against-women/concluding-observations-committee-elimination-discrimination-against-women • EHRC submission to the JCHR’s inquiry on VAWG: • www.equalityhumanrights.com/legal-and-policy/our-legal-work/parliamentary-briefings/response-equality-and-human-rights-commission-joint-committee-human-rights-inquiry-violence-against

10. 2015 UK Treaty Reporting • International Covenant on Civil and Political Rights report pursuing the priorities in our initial report: www.equalityhumanrights.com/about-us/our-work/human-rights/international-framework/international-covenant-civil-and-political-rights • Convention on the Elimination of Discrimination Against Women interim report on access to civil justice • International Covenant on Economic Social and Cultural Rights, which engages rights like access to healthcare, equal educational attainment, social security & an adequate standard of living • Convention on the Rights of the Child • Convention on the Rights of Persons with Disabilities–Following up the EHRC’s interim report: www.equalityhumanrights.com/publication/monitoring-implementation-un-convention-rights-persons-disabilities

11. For Further Information • Rachel Zaltzman: Programme Head, UPR and UN Treaties: • Rachel.Zaltzman@equalityhumanrights.com • 020 7832 8743 www.equalityhumanrights.com/about-us/our-work/human-rights/international-framework/monitoring-and-promoting-un-treaties