“…a chill wind is blowing through much of the world and the very notion of human rights is under increasing attack”
This was the assessment of leading human rights experts ahead of Human Rights Day 2016. Nearly a decade ago global threats to human rights included the growth of so-called populist movements prepared to use discriminatory rhetoric to further their own ends, fuelling dramatic rises in hostility toward ethnic, religious or belief groups, disabled people, sexual minorities, migrants and other groups. In 2016, a dramatic growth in inequality provided a further significant threat to human rights, especially for those living in poverty. Worryingly, as we approach Human Rights Day 2024 (10th December) the chill wind spoken about in 2016 is still blowing strong, and if anything, it is even more icy. Climate change, environmental degradation, regional conflict, and the ongoing economic crisis only add to the deeply alarming list of issues which threaten human rights across the globe.
These are troubling times, and it might be tempting to see threats to human rights as confined to places where there is conflict, natural disaster or extreme poverty. However, this assessment would fall far short of the reality of human rights here in the UK. Anyone who cares about human rights in Wales will be very aware of the rise in so-called populist politics and its consequences, including an increase in hate speech and violence directed at minorities. They will also be troubled by the ongoing and corrosive effect of poverty, inequality, and discrimination which is a blight on many communities in Wales, and which denies individuals their basic human rights in areas such as housing, health, education and social care. These are very real and current threats to human rights, they are at our doorstep here in Wales, and they show no signs of diminishing.
Despite what I have written so far, this is not necessarily the time for despair. Global and regional institutions such as the UN and the Council of Europe are actively calling on governments to tackle the threats to human rights, and they are providing guidance to help with this task. Globally, regionally, nationally and locally there are many people who are prepared to assume the mantle of human right defenders, to protect and promote rights. So there is hope, but much relies on the willingness of governments to take action. Of course, for all governments, in any State which is a signatory to any UN human rights treaty, this is an unavoidable obligation. Despite uncertainty over the commitment of the previous UK government to meeting the UK’s international human rights obligations, the UK remains a signatory to many ‘core’ international human rights treaties. As such, the primary responsibility for realising the rights contained in those treaties is on the UK government. However, all other levels of government in the UK have some responsibility toward meeting the UK’s human rights obligations within the scope of their powers: this includes the Senedd, the Welsh government and other public bodies in Wales.
In Wales, arrangements for devolution under the Government of Wales Act 2006 mean that Welsh institutions have varying degrees of influence over human rights law and policy. Key areas where freedoms and personal liberties are at stake remain the responsibility of the UK government (e.g. policing, the justice system, rights of assembly and protest).[1] But in other areas the Senedd and the Welsh government have far more powers to enact legislation and introduce policies to observe and implement the UK’s human rights obligations.[2] Significantly, many (not all) rights which may be described as ‘socioeconomic rights’ are the responsibility of Welsh institutions, including in important areas such as securing adequate living standards, housing, health and social care, and education. These are areas which are key concerns for law and policy in Wales, and where human rights speak clearly and directly to the obligations of government and what people in Wales might reasonably expect as the objectives of public policy. The International Covenant on Economic Social and Cultural Rights (ICSECR) is the most significant source of guarantees of socioeconomic rights for all. But other human rights documents introduce entirely reasonable standards for the government policy. These include documents setting out specific and particular socioeconomic rights for women, disabled people, and children.
Amnesty International noted earlier this year that economic inequality adversely and disproportionately affects the human rights of marginalised communities. This is an assessment which will resonate with many in Wales. In these difficult times, where poverty, inequality, and discrimination represent key challenges facing the Welsh government, international human rights standards offer a firm platform on which to build policies and take action to promote socioeconomic human rights for everyone, especially those facing discrimination and disadvantage. The standards set out in ICESCR and other conventions provide a robust framework for socioeconomic policy decision-making. Added to this international bodies, such as the United Nations, provide detailed guidance on what it means to implement and realise (or fulfil) socioeconomic human rights. Significantly for us here in Wales, this guidance highlights legal recognition of socioeconomic rights to help ensure that this category of rights are properly respected, protected and fulfilled by the Welsh government and public bodies in Wales . Guidance from UN bodies made up of leading experts on human rights such as the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child, consistently notes the importance of legal recognition and incorporation of socioeconomic human rights into national law. This guidance is supported by a robust body of research which demonstrates the value of incorporation to protect and promote human rights.
Many readers of this blog will be aware that here in Wales there have been long-standing campaigns led by civil society organisations calling for the incorporation of international human rights which protect and promote the interests of women and disabled people, and the right to adequate housing.[3] These organisations take their lead from the people they represent, whose experiences over several decades confirm many gaps in the implementation of their rights in Wales. These campaigns have gained inspiration from the fact that in 2011 the National Assembly for Wales (now known as the Senedd) incorporated the Convention on the Rights of the Child (UNCRC) into Welsh Law, making it part of the legal framework governing the conduct of Welsh Ministers.[4] Further inspiration is taken from research which confirms that incorporation has brought many benefits for children in Wales. In 2018, a report (commissioned) by the Equality and Human Rights Commission confirmed that incorporation of the UNCRC had resulted in greater visibility and closer attention to children’s rights in policy, to a culture of children’s rights within the Welsh government, to the introduction of processes requiring attention to rights in policy development (including impact assessment and training), and to better policy outcomes.[5] It also found that incorporation had provided a firm platform for policy advocacy and scrutiny of Ministerial decision-making affecting children, increasing accountability for rights. In short, since incorporation, Wales is a nation which is demonstrably more respectful of children’s rights.
Many people with one or more protected characteristics in Wales currently experiences deficits in their socioeconomic human rights. In addition, the ongoing global economic crisis means that many people in Wales are at risk of deterioration in their socioeconomic rights now and in the future, e.g. through the impact of austerity, unemployment, rising food, housing and utility costs, and diminishing health and social care provision. With this in mind, it is hardly surprising that in 2021 a major research project commissioned by the Welsh government found a strong desire amongst civil society organisations representing individuals and communities, including those with diverse protected characteristics, to incorporate more international human rights into Welsh Law. The research also found that in addition to overwhelming support amongst those participants there was also strong evidence that incorporation would bring many benefits for human rights implementation and accountability in Wales.[6] Based on these clear findings the research recommended that the Welsh government should introduce a bill (a Human Rights Bill) to incorporate select international human rights into Welsh Law in a way which makes them binding on, and enforceable against Welsh Ministers and public bodies in Wales exercise devolved functions.
In a move which lifted some of the gloom surrounding human rights at the present time, the Welsh government made a commitment to incorporate women’s rights and disabled people’s rights into Welsh Law.[7] It also accepted the recommendation on incorporation emerging from the 2021 research and set up a working group led by civil society which is currently examining legislative options to achieve this.[8]
Today, as we approach Human Rights Day ongoing global threats to human rights loom ominously over us here in Wales. The economic crisis, which is set to continue, is an ever-present obstruction to the socioeconomic human rights of many in Wales. Despite a change in the UK government, and some optimism that the current administration is more open to human rights than its predecessor, there is no guarantee that the influence of so-called populist politics won’t weaken the will of Westminster based politicians to promote the rights and interests of minority and discriminated against groups. More long term, British politics is inevitably about change, and a return to a government which is openly hostile toward human rights cannot be ruled out.
For all these reasons the Welsh government needs to act now, it needs to act decisively and with conscience, using the opportunity afforded by devolution to protect and promote socioeconomic rights in Wales. Now, more than ever, Wales needs human rights leadership and for the Welsh government to introduce a Human Rights Bill for Wales to incorporate international socioeconomic rights into Welsh Law.
Professor Simon Hoffman
December 2024
[1] Ddeddf Llywodraeth Cymru 2006 / Government of Wales Act 2006, sch.7A
[2] N.1, sch.7A, para.10(3)(a).
[3] CEDAW: Bil rhyngwladol o hawliau Menywod - Womens Equality Network Wales / CEDAW: An International ‘Bill of Women’s Rights’ - Womens Equality Network Wales / Dewch a'n Hawliau i Ni: Maniffesto Pobl Anabl - Disability Wales / Bring Us Our Rights: Disabled People's Manifesto - Disability Wales / Hafan - Tai Pawb / Back the Bill campaign – Tai Pawb
[4] Hawliau plant yng Nghymru | LLYW.CYMRU / Children's rights in Wales | GOV.WALES
[5] The Impact of Legal Integration of the UN Convention on the Rights of the Child in Wales
[6] Cryfhau a hyrwyddo cydraddoldeb a hawliau dynol yng Nghymru | LLYW.CYMRU / Strengthening and advancing equality and human rights in Wales | GOV.WALES
[7]Camau gweithredu i gryfhau hawliau dynol yng Nghymru: 2018 i 2022 [HTML] | LLYW.CYMRU / Action to strengthen human rights in Wales: 2018 to 2022 [HTML] | GOV.WALES
[8] Gweithgor Opsiynau Deddfwriaethol ar Hawliau Dynol | LLYW.CYMRU / Report / Human Rights Legislative Options Working Group | GOV.WALES
