A Human Rights Approach

A guide for public authorities and organisations in the City and County of Swansea.

This guide has been written for policy creators to aid strategic embedding for a human rights based approach.

About human rights

Human rights guarantee basic freedoms and meet the basic needs of all humanity. They are underpinned by respect for human dignity. Human rights are binding on government and on public authorities at all levels in the UK, and provide a strong ethical framework for planning, decision-making and action for organisations.

It is a misconception that the only human rights guaranteed to individuals in the UK are those set out in the European Convention on Human Rights (ECHR). In fact, human rights guarantees are found in a range of international human rights treaties ('core treaties'), as well as the ECHR. Everyone is entitled to benefit from the full range of human rights guaranteed by human rights treaties binding on the UK in international law.

If you want to learn more about the international human rights you can explore the website of the UN Office of the High Commissioner on Human Rights: UN Human Rights Office. (opens new window).

When referring to human rights this guide is referring to the full range of human rights guaranteed by human rights treaties binding on the UK in international law.

Any public authority or organisation which is committed to promoting human rights and adopting a Human Rights Approach should be aware and have some (at least basic) understanding of the 'core human rights' guaranteed by international law (for more information see www.ohchr.org/en/instruments-listings), as well as the rights guaranteed by the ECHR (for more information see www.echr.coe.int/Documents/Convention_ENG.pdf).

Why a Human Rights Approach?

Swansea's Public Service Board (PSB) have made a commitment to become a Human Rights City. This means that collectively we will need to do all we can to ensure that human rights are a priority when exercising our various functions and roles, as public authorities or local organisations. This requires us all to take steps to:

Respect Human Rights: meaning we will do everything we can not to interfere with the enjoyment of human rights guaranteed to everyone by international law and UK law.
Protect Rights: by seeking to ensure that others do not infringe individual human rights, including other people but also local businesses or authorities.
Fulfil Rights: wherever possible and reasonable we will take action and allocate resources to facilitate the enjoyment or better enjoyment of human rights.

A Human Rights Approach is an approach to planning and service delivery which coordinates decision-making and actions so that there is clear focus on human rights, helping to ensure that relevant authorities and partners supporting the Human Rights City commitment respect, protect and fulfil those rights.

While a Human Rights Approach directs attention to human rights in policy decision-making and service delivery, it does not exclude other factors from consideration. The key benefit of Human Rights Approach is that it ensures proper attention is given to human rights by public authorities and other organisations.

A Human Rights Approach introduces five principles into planning processes and service delivery. These are:

Embedding human rights
Equality and non-discrimination
Empowering rights-holders
Participation of rights-holders
Accountability to rights-holders

These principles are explained below. At this stage it is worth noting that many authorities and organisations in Swansea already have policies, procedures and practices which are consistent with a Human Rights Approach. Often adopting the principles described below will simply 'frame' those policies etc. within a Human Rights Approach, enabling them to be better described, for example, for accountability or reporting purposes. Application of the Human Rights Approach principles to monitoring and evaluation, for example, might also reveal where the approach is less obvious, or is not being consistently adopted, or is altogether absent. In this way a Human Rights Approach can promote good human rights practice, as well as help to identify gaps where existing practices need to be improved, or new practices need to be introduced to ensure compliance with human rights.

For practical purposes the principles of a Human Rights Approach provide a consistent and coherent framework to be applied to:

Identify priorities for planning and service delivery to meet local need. As human rights are intended to benefit the most disadvantaged and the most vulnerable in society, a Human Rights Approach provides a mechanism to prioritise limited resources to meet urgent or pressing need.
Inform activities undertaken by public authorities and organisations, including strategic planning and service delivery to focus on specific groups of rights-holders. A range of groups are provided with specific rights by international law to address long-standing discrimination (for example, children, disabled people, women, racial minorities). Applying a Human Rights Approach to focus on the rights of specific groups supports public authorities and organisations to tackle discrimination.
Establish targets and indicators for policy, action and outcomes to measure and confirm progress to fulfil human rights.
Identify the need for evidence to inform monitoring and analysis of policy, action and outcomes, including evidence from rights-holders themselves.
Engage people in planning services and in monitoring and analysis of policy, action and outcomes to ensure that people's lived experiences inform ongoing policy development and service delivery.

Introducing a 'Human Rights Approach'

As noted above, the principles of a Human Rights Approach are:

Embedding Human Rights
Equality and Non-discrimination
Empowering people
Participation
Accountability

These principles are not intended to be used in any particular order. Instead, they should be thought about and used together to inform planning decision-making and service delivery. Inevitably there are some overlaps. For example, empowering people to take decisions and make choices is very close to providing opportunities for participation in decisions that affect their lives, and participation will only contribute to better realisation of human rights if opportunities to participate in decision-making are provided based on the principle of non-discrimination and equality. However, these overlapping principles are mutually re-enforcing and contribute to a holistic, coherent and comprehensive approach to realising human rights.

Embedding Human Rights

Human rights should be at the core of planning and service delivery. Consideration of relevant core international human rights treaties and the ECHR needs to be integrated into every aspect of decision-making through procedures and actions. At its most basic this requires acknowledgement of the relevant human rights (taken from relevant core treaties and the ECHR) as a framework for planning and service delivery. Human rights should not be an afterthought, but a primary consideration given equal priority with other pressing interests when decisions are taken, and actions carried out.

NB - as a preliminary to adopting a Human Rights Approach public authorities and organisations should review relevant core treaties and the ECHR to decide which rights are most relevant rights to their area of work (links above). This process should be repeated regularly to ensure the focus remains on the most relevant human rights.

Equality and Non-discrimination

Equality is about ensuring that everyone has an equal opportunity to make the most of their lives and talents, and that no-one has to endure poor life chances because of discrimination. Equality involves treating all people fairly, and providing them with opportunities and resources according to their needs, equal with others, ensuring that they are able to develop and flourish to their fullest potential.

Promoting equality means taking action to tackle discrimination. There should be no discrimination against the interest of individuals or groups based on any of the Equality Act 2010 protected characteristics. Public authorities and organisations should be aware of the damaging impact of multiple discrimination, when someone faces discrimination and disadvantage on more than one ground.

Empowering people

Human rights should empower people. Human rights should be seen as entitlements; they are not optional. Empowerment means enhancing people's capabilities as individuals so they are better able to take advantage of rights, and to engage with, influence and hold accountable those individuals and institutions that affect their lives.

People should be given information to increase their understanding about human rights, and access to resources to enable them to make use of rights in their everyday lives. Empowering means removing barriers to information or resources that enable people to understand and exercise their rights. Empowerment is about enabling people to make choices and to affect outcomes for themselves and their families. Empowerment changes the relationship between rights-holders and authorities. It means handing over some or all power to make decisions to rights-holders so they can better control and direct their lives, in particular in areas where this ability was previously unavailable to them.

Participation

Participation means listening to people and taking their views meaningfully into account. Everyone should be supported to freely express their opinion provided this is consistent with the other principles of human rights, including non-discrimination. They should be both heard and listened to. Their views should be taken seriously when decisions or actions are taken that affect their lives directly or indirectly.

People should be fully informed and given opportunities to be involved in decision making. It should be clear how they have influenced decisions and how their views have been taken into account, with feedback always available. Participation should not be understood as an end in itself, but as a process, which is safe, enabling and inclusive and supports dialogue between rights-holders and those responsible for planning and service delivery.

Accountability

Human rights give rise to obligations which demand accountability. Public authorities and organisations should be accountable for decisions and actions which affect people's lives. People should be provided with information and given access to procedures which enable them to question and challenge decision-makers.

Accountability requires effective monitoring of human rights standards as well as effective remedies where there is a failure to meet these standards. For this to be effective decision making needs to be transparent and reasons provided for decisions and actions

Putting a Human Rights Approach into practice

This section provides information on practices to give effect to each of the Human Rights Approach principles. As noted above, public authorities and organisations may already be implementing many of the practices mentioned below, in which case there should be a focus on ensuring that those practices are sustainable.

As is the case for the principles of a Human Rights Approach, there will inevitably be overlap in some of the practices suggested below. Some of these will relate to two or more principles. Overlapping practices are mutually re-enforcing and contribute to a holistic, coherent and comprehensive approach to realising human rights

Embedding human rights in practice

Ways put this principle into practice:

Make express reference to relevant human rights as a framework for service planning and delivery in all significant policy statements. This should come from the highest level of an authority. For example: a policy statement, adoption of a charter or pledge (or other instrument).
Carry out an initial and then regular audit of all significant policy statements or other documents to assess compliance with the above.
Prioritise protection of human rights through commissioning and incorporate the principles of a Human Rights Approach throughout the commissioning cycle.
Identify key individuals and/or establish a team with responsibility to promote human rights and to act as champions of human rights.
Develop a strategy or scheme setting out how it intends to ensure that human rights are taken into account at all levels of decision-making to facilitate a coordinated Human Rights Approach across all activities and with external organisations.
Identify expertise on human rights and ensure that this is available to support staff to implement human rights in their area of responsibility.
Prioritise training on human rights for all staff, with intensity of training appropriate to context and role.
Introduce procedures to give effect to human rights, these might include:
- Developing a communication plan for staff setting out how the organisation intends to develop awareness and understanding of human rights;
- Developing and making use of performance indicators which reflect human rights (for should be incorporated in business planning, budgeting and other strategic planning);
- Human rights impact assessment such as the proofing of any policy and budgetary decisions for their direct or indirect impact on different groups (for example, groups with protected characteristics integrated into Equality Impact Assessment);
- Introducing human rights implementation as standing items on the agenda of key strategy meetings
- Requiring reporting on progress on human rights implementation to strategic policy meeting or groups.
There should be a clear commitment to ensuring adequate human and financial resources are allocated to support the organisation to implement human rights.

Case Study 1
Name of project: Human Rights Training for Leaders
Principle this work applies to: Embedding
Does this work link to a Human Rights City (HRC) priority? Yes, Raising Awareness of Human Rights

Background and context of work:

Human Rights law places legal duties on public officials (and those delivering public functions) across the UK to respect, protect and fulfil human rights in everything they do, every day. This means nurses, doctors, teachers, care staff, police officers, housing officers and those who commission and lead those services. It also means that when we, or our loved ones access these services, we have rights which must be upheld.

In 2022, a programme of upskilling of senior leaders and those with the power to influence decision making and service delivery began. The training, delivered by the British Institute of Human Rights (BIHR) sought to increase the knowledge and understanding of Human Rights amongst leaders.

61 people participated in the training including participants from Councillors, senior leaders and equality representatives from Swansea Council, ABMU Health Board, South Wales Police, Mid and West Wales Fire Service, Natural Resource Wales, Swansea Council for Voluntary Services, and representatives with lived experiences of specific human rights issues, such as disability.

Why this work is relevant to this principle of embedding?

Swansea, as a Human Rights City aims to create a culture of respect for human rights. Human rights should be at the core of planning and service delivery. We know this only happens when public officials know and use Human Rights law and people, communities and campaigners are empowered to know and claim their rights.

Public services in Swansea have committed to promoting human rights and adopting a Human Rights Approach and as such, have recognised that increasing their understanding of human rights guaranteed by international law is essential, not only in understanding the law, but how people's human rights might be affected in Swansea, and how to recognise and respond to human rights issues in their everyday practice.

This training has acted as a starting point to moving the law of human rights into everyday life, supporting decision makers to reflect and improve policies and practices to become more rights respecting where they need to be.

Case Study 2
Name of project: Swansea's Children and Young People's Rights Scheme
Principle this work applies to: Embedding
Does this work link to a HRC priority? Yes, Raising Awareness of Human Rights, Tackling Discrimination, Vulnerable Children and Families

Background and context of work:

The United Nations Convention on the Rights of the Child (UNCRC) sets out the rights all children aged 0-18years have to make sure they are healthy, happy and safe. In September 2013, Swansea Council agreed that children's human rights should be embedded within the Council policy framework, and that a duty be placed on the Council's Cabinet to have 'due regard' to the UNCRC when making decisions. This means that when Swansea Council develop new policies or strategies, review or change existing policies and strategies, or develop or change Council services, thought has to be given to how those decisions affect the rights of children in Swansea. The Children and Young People's Rights Scheme is Swansea Council's overarching policy that sets out how it plans to, and will measure how children's human rights are made real in Swansea.
In 2019, work began to develop an updated version of the Scheme, this time to be co-designed with children, young people, families, members of the public, members of Swansea's Children's Rights Network and Members of Swansea Council. This version incorporates the Children's Commissioner for Wales' 'The Right Way' approach, setting out 5 key principles (the same as those used to measure Swansea as a Human Rights City). These principles are:

Embedding
Equality and Non-Discrimination
Empowerment
Participation
Accountability

The Children's Rights Scheme is monitored and overseen by Swansea's Councillors. Each year an Annual Progress Report is submitted, scrutinised and presented to full Council outlining the work that has happened to embed a whole-council approach to children's human rights.

In 2020/21 engagement work was completed with 463 stakeholders (238 of which were children and young people) to determine what success looks like in upholding the Scheme, from which an action plan has been developed. This action plan can ensure that duty-bearers in Swansea can remain accountable for the work done to ensure children's human rights through the year. This action plan is to be monitored by Swansea's Children's Rights Network, a multi-agency Network made up of over 80 services working with children and young people in Swansea. A partnership approach to this is essential, to ensure a collaborative approach to embedding children's human rights, for all children and young people.

Why this work is relevant to this principle of embedding?

The Children and Young People's Rights Scheme comes from the highest level of authority in Swansea. The policy statement sets out the duties on the most senior of decision makers to make arrangements that ensure children's human rights are recognised, respected, and fulfilled.

The Children and Young People's Rights Scheme does not stand alone, and links to many other policies that affect children and young people, for example, education policy, safeguarding policy, the policies set out to listen to people in Swansea, including children and young people. The Children and Young People's Rights Scheme provides a framework through which Swansea Council can build a whole Council approach to embedding rights. It is the ambition that everyone who works in Swansea Council is responsible for respecting, understanding and embedding children's human rights through the UNCRC.

In order to truly embed rights, human rights should not be an afterthought, but a primary consideration given equal priority with other pressing interests when decisions are taken, and actions carried out. As such, to embed children's human rights, attention must be given to all other principles as well. This means:

Ensuring people know about children's human rights.
Ensuring staff know how children's human rights apply in their day to day work.
Ensuring children, young people and their families are heard in decisions that affect them, and are able to influence and shape policies and services.
Ensuring that ALL children and young people have opportunity to access their rights, and that people know how to ensure that.
Ensuring that progress and gaps are reported to be accountable

Alignment to the 5 principles adopted by the Children's Commissioner for Wales and to Swansea's approach to becoming a Human Rights City, provides consistency in terms of language and measurement. Doing so enables joined up thinking, joined up resources, and a consistent message of what human rights are for all, and how as one authority, and one nation, we intend to address rights issues.

Equality and non-discrimination in practice

Ways to put this principle into practice:

Include a clear commitment to promoting equality and tackling discrimination (including multiple discrimination) in all significant policy statements.
Make staff aware that discrimination can lead to unfair and unequal outcomes and should make the implications of discrimination widely understood by staff and service users.
Ensure staff understand the need to take account of the impact of decisions on future generations, including any discriminatory impacts.
Require commissioned services to be provided in ways that do not discriminate against individuals or groups.
Gather relevant data, including disaggregated data, to enable identification of discrimination or inequalities in the realisation of human rights to identify groups who are being or may be discriminated against.
Develop appropriate priorities, targets and programmes of action to reduce discrimination against excluded, socially marginalised, disadvantaged and vulnerable groups and to promote equality for these groups.
Include impact assessment of human rights in any equality impact assessment, where there is no separate procedure for a human rights impact assessment.
Ensure that rights-holders are involved in the proofing of all budgetary decisions that have a direct or indirect impact on them.

Case study 3
Name of project: Probation Service
Principle this work applies to: Equality and Non-Discrimination
Does this work link to a HRC priority? Yes, Tackling Poverty, Vulnerable Children and Families, Tackling Discrimination, Domestic Abuse and Violence

Background and context of work:

By its nature, the Probation Service often serves very vulnerable people. Recognising this, the Service has developed a range of service provisions that add value and support people who experience inequality/discrimination to accessing their rights.

People who do not have enough money to access their basic human rights: The Probation Service has made links and built relationships with the Department of Work and Pensions (DWP) so that on a regular basis, representatives of DWP attend the probation offices to support people who need it with benefits advice. This means people who do not have enough money to access their basic human rights (food, housing, clothes, fuel) can be advised on how to do so. Additionally, the Probation Service has commissioned the Nelson Trust who work with women on Probation, to assist them with appropriate benefits claims.

People who are at risk of re-offending and need support to access their basic human rights: The Integrated Offender Management (IOM) is the multi-agency co-ordination of support with the police to vulnerable people who are at risk of reoffending. This might include homeless people, sex workers, previous offenders and other vulnerable people in Swansea. IOM helps to improve the quality of life in communities by reducing the negative impact of crime and reoffending, reducing the number of people who become victims of crime, and helping to improve the public's confidence in the criminal justice system. The Probation services provide immediate resources for people involved in IOM such as essential home equipment, access and referrals to food banks, delivery of food bank parcels during home visits. A charity funded food bank exists within the Probation office, where staff buy from 'tuck shop' and profit is used to buy food items for offenders who report and are in need. A partnership with the 'Include' hub enables donations of toiletries, condoms, etc. for offenders to be given if needed.

Vulnerable children and Families who cannot access their basic human rights: Good partnership liaison with services including Social services, early year's services, youth services and the police is a priority for the Probation Services, the benefits of which include;

Enabling safeguarding checks are done at an early stage, such as, at courts stage or allocation of offender stage.
Any changes in circumstances that affect families' ability to thrive can be identified, shared and acted upon quickly at partnership meetings such as family conference, through MARAC and MAPPA meetings.
Two Victim Liaison officers are based within the Probation office.
Good links are made early intervention programmes such as Flying Start to support young families.
Good links are made with early intervention youth teams to provide a quality youth to adult transition process.
Use of mother and baby units for those women in need are maximised to support vulnerable women and their children to thrive.
Good links with refugees and hostels have been made.
Close work with IDVAs has been developed to build relationships with and properly support victims for domestic abuse (see more below).

Tackling discrimination for groups known to face discrimination: the Probation Service offers a range of staff development opportunities and services that directly address people with 'protected characteristics', who are known to be more likely to face discrimination. This includes:

Early assessment at court stage to identify any barriers that might affect a person's ability to participate, for example, interpretation, offer to speak in Welsh, access, disability support.
Dealing with Diversity training is mandatory for all staff.
Female offenders offered female court report author, and/or allocation to all female team. The women's pathfinder monthly conference identifies most vulnerable females, and seeks solutions that might enable them to thrive. Women only reporting sessions are available every wed 9am-1pm.
Pride in Prisons and Probation (PiPP) is a project developed to support offenders or those at risk of offending who identify as LGBTQIA+.
All probation buildings have physical disability access.
A modern slavery MARAC exists to address this issue locally.
JIP (joint intel project) - multi agency work with supports Foreign Nationals to promote and understand rights and entitlements.

Why is this relevant to the principle of Equality and Non-discrimination?

Equality is about ensuring that everyone has an equal opportunity to make the most of their lives and talents, and that no-one has to endure poor life chances because of discrimination. Promoting equality means taking action to tackle discrimination. There should be no discrimination against the interest of individuals or groups based on any of the Equality Act 2010 protected characteristics.

In Probation services, where people can already be discriminated against simply for being on probation, it is essential to recognise additional factors that might inhibit those engaged in the service to reach their potential and to access their rights and entitlements. The Probation Service have done this in recognising that equality involves treating all people fairly, and providing them with opportunities and resources according to their needs, equal with others, ensuring that they are able to develop and flourish to their fullest potential.

Empowering people in practice

Ways to put this principle into practice:

Gather relevant data, including disaggregated data and longitudinal data, on resources available, in particular in relation to excluded/marginalised or disadvantaged social groups.
Review services and resources to identify barriers to access to human rights, including in collaboration with service users, in particular in relation to services to excluded/marginalised or disadvantaged social groups.
Develop appropriate priorities, targets and programmes of action that enable everyone, as individuals, to develop their capabilities and to gain access to resources that support realisation of their human rights.
Provide opportunities and enhance skills to engage with and influence policy processes and mechanisms, (including commissioning), by offering rights-holders training or information.
Provide people opportunities to act collectively to develop ideas and proposals, to take action and to influence decisions.
Provide education and accessible information to develop people's understanding of their human rights, including educational and awareness raising initiatives.
Provide accessible information on mechanisms and the process for holding the authority/organisation or individual staff, to account.
Provide accessible information on independent advocacy services and professional legal advice.
Ensure that resources are identified in budgets to support education, training and development opportunities for all.

Case Study 4
Name of project: Rights in Your Pocket Guide
Principle this work applies to: Empowerment
Does this work link to a HRC priority? Yes, Raising Awareness of Human Rights, Tackling Discrimination

Background and context of work:
On the 10th of December 2021, Human Rights Day, Swansea Council and Swansea's Public Service Board, declared their intention to become a Human Rights City. This is a vision shared by organisations such as the council, police, health board, fire service and universities as well as businesses and many residents.

Becoming a human rights city means:

Engaging communities and those we serve in the realisation of their human rights.
Building on work which is taking place across the city informed by a commitment to human rights and social justice.
Making human rights the foundation of service planning and delivery.
Recognising human rights as fundamental to our policies and our actions individually or collectively.

'Rights in Your Pocket'

Produced by Swansea's Human Rights Steering group, 'Rights in your Pocket' is a guide to human rights and why they are important to the everyday lives of people in Swansea. It aims to inform residents of their Human Rights, explain why they are important, what Swansea is currently doing to make rights a reality and provides information about where people can access human rights support.

The booklets have been made freely available in public spaces across the city such as libraries, leisure and community centres. The A5 booklet is bilingual and available in easy-read in English and Welsh too. There are downloadable PDF versions available, which can be emailed or downloaded from the council and partners websites.

Why this work is relevant to this principle of empowerment?

Human rights should empower people. Human rights should be seen as entitlements; they are not optional. Empowerment means enhancing people's capabilities as individuals, so they are better able to take advantage of rights, and to engage with, influence and hold accountable those individuals and institutions that affect their lives. In this case, the 'Rights in your pocket guide' provides accessible information that aims to help people to have a better understanding about their human rights. The resource can enable people to make use of rights in their everyday lives if they are not already aware they have rights, or of how to access them.

The guide acts as a starting point to removing barriers to information or resources that enable people to understand and exercise their rights. The guide sets out the ambition of Swansea to evolve its relationship with those who live and work here, recognising each person as a rights-holder, able and worthwhile to be involved and influence decisions that affect their lives.

Case Study 5
Name of project: SCVS Accessible information and events
Principle this work applies to: Empowerment
Does this work link to a HRC priority? Yes, Tackling Discrimination, Raising Awareness of Human Rights

Background and Context to this work:
Digital and Hardcopy communications accessibility:

SCVS ensures that all publicly available materials, whether hardcopy or digital, use a minimum 12pt font for accessibility. Our house font - PT Sans - is accessible, and any additional fonts used in resources are 'Sans serif' to improve accessibility.
Dark text is used on a light background or white text on a dark background in design work, to increase readability.
In digital communications, where hyperlink to other sources are created, the full sentence is linked rather than a word to support screen reader access.
SCVS website uses responsive design, allowing users to view information on their device of choice without loss of font size, etc.
Where images are used in digital communications, Alt text is added to enable screen readers to describe the images.

Meetings and Events:

SCVS uses the Regional Partnership Board's Co Production Toolkit to guide our approach to meetings and events and work undertaken as part of the Community Voice project to guide our approach to ensuring that meetings are accessible. This means:

Considering the timings of meetings so that people with carer needs and carers are able to attend (avoiding early starts etc.), regular breaks.
Ensuring accessible venues, easy transport links/parking.
Where required ensuring translation and interpretation facilities are available including Hearing Loop, BSL etc.
Materials produced to meet individual accessibility requirements (colour of paper/ text etc.).
Facilitative approach to meetings to ensure 'community voice'.
Use of Language Line where necessary for 1-1 or small group translation and interpretation.
For virtual meetings ensuring that people have the equipment necessary to participate and are able to access the platform being used.
Reimbursing expenses associated with attendance.

Why this work is relevant to this principle?

Human rights should empower people. Enabling processes for accessibility consistently as SCVS does means that the right to participate can be seen as an entitlement and not optional.

Empowerment means enhancing people's capabilities as individuals. Providing the sector with the information it needs - SCVS Communication function connects groups with each other, ensuring they have access to relevant and timely information to support the development of their group. Consultations, funding, news, events, jobs and more are shared so that people are better able to take advantage of rights, and to engage with, influence and hold accountable those individuals and institutions that affect their lives. People should be given information to increase their understanding about human rights, and access to resources to enable them to make use of rights in their everyday lives. Empowering means removing barriers to information or resources that enable people to understand and exercise their rights. At SCVS, information is curated and contextualised rather than re-distributed as it is received. Information is assessed to clarify Who it is intended for, Why it is relevant to them, and What they should do as a result of receiving the communications.

Empowerment changes the relationship between rights-holders and authorities. It means handing over some or all power to make decisions to rights-holders so they can better control and direct their lives, SCVS Comms team edits information to clearly show these points and distribute via a variety of comms channels to reach the people for whom it is relevant and affects.

Participation in practice

Ways to put this principle into practice:

Include a clear commitment to participation of children in all significant policy statements.
Carry out initial and regular assessment of participation across all areas of a public authority functions.
Prioritise participation throughout the commissioning cycle.
Develop appropriate priorities, targets and programmes of action to increase participation, in particular amongst otherwise excluded/marginalised or disadvantaged groups.
Involve people directly in the design, monitoring and evaluation of service delivery, and in the proofing of all policy and budgets that have a direct or indirect impact on them.
Identify safe places and space, including time, for people to participate.
Involve people in the recruitment of all staff who have responsibilities that impact on their lives.
Provide feedback on the outcomes of people's involvement in any of the above procedures, proactively highlighting any changes and/or benefits brought about by their participation.
Provide information to support involvement in any of the above procedures, in a language or format appropriate to a persons' age and maturity, culture, or disability.
Ensure that resources are identified in budgets to support participation.

Case Study 6
Name of project: Youth Justice
Principle this work applies to: Participation
Does this work link to a HRC priority? Yes. Domestic Violence and abuse, Supporting Vulnerable Children and Families

Brief introduction of background, context and work undertaken:

The following is snapshot of a young person who first came to the attention of police in 2018. For the purposes of this case study, we will call this person Sam.

Sam is 16 years old, and since 2018 has had extensive involvement with the police and other services, committing assaults in school and domestic related offences at home. Sam is diagnosed with ADHD and other autistic spectrum traits. Sam lives with their mother, a single parent who has struggled for some time to manage Sam's behaviour. Sam and their mum live in a very isolated location with very little community activity.

Sam has received several service interventions over the years including restorative justice approaches, referrals to Early Intervention Panels, Social Services and to the Youth Bureau (Youth Justice Service), consequential thinking training and victim awareness support. Although useful, these did not appear to be the right interventions for Sam, and in 2020/21 their behaviour worsened, with charges of criminal damage and episodes of Sam going missing reported. It was also noted by this point, that Sam's mood and motivation was very low and concerning.

In 2022, having received a Youth Restorative Disposal Order, Sam was re-referred to the Youth Bureau. Here, Sam met an Officer whose approach was to explore Sam's interests and aspirations. It became clear during the process that Sam loved music and was learning how to play guitar.

The officer was able to secure funding for different musical interests and began to learn to play guitar with Sam (in the interim, while a qualified music tutor could be appointed). Sessions were set up for Sam to learn to play, not as a reward for their behaviour, but to offer focus and dedication to something Sam enjoyed, while also providing an opportunity to build a relationship with Sam and encourage talking and discussion of issues affecting Sam and their family.

Sam continues to attend the Youth Justice Service, where they can, with the support from a full-time music teacher who, continue to engage and express their feelings in a creative way. As a result of sustained engagement, Sam's mum has also got to know staff and now receives her own support.

To date, no further reports of concern have been at home.

Why this work is relevant to the principle of participation?

Participation means listening to people and taking their views meaningfully into account. Everyone should be supported to freely express their opinion. In this example, listening to what mattered to Sam and their mum, and taking the time to invest in things they enjoyed and were interested in (rather than focussing on the negative elements of Sam's life) enabled them to feel connected and listened to, in a situation where it was easy to feel isolated and alienated. Sam was able to engage in an activity that had positive implications on their life and build a relationship with the services who they regarded as negative while doing so.

The Officer at the Youth Justice Service, who employed the principle of participation and valued what Sam had to say and express, shifted the approach to Sam from intervention to engagement. Sam's experience became enabling and inclusive, supporting dialogue between them and their mum as rights-holders, and the services who are charged as duty bearers to keep them and others safe, and support Sam to reach their potential.

Accountability in practice

Ways to put this principle into practice:

Include a clear commitment to accountability in all significant policy statements or other documents setting out the authority's vision or key objectives (for example, the corporate plan).
Ensure that accountability is continued even where services are commissioned from third parties.
Ensure that staff understand their responsibilities and obligations to rights-holders by making this explicit in job descriptions and policies governing the conduct of staff.
Staff supervision and performance management should include individual responsibility for human rights, including by use of individual performance indicators as appropriate.
Carry out human rights monitoring consistently against human rights standards, including developing applicable human rights indicators (which should be developed with the participation of rights-holders and made relevant to policy or service areas).
Publish annual reports on performance against human rights indicators and disseminate the findings widely.
Encourage independent monitoring of performance against human rights standards, including by involving people with lived experience in monitoring and/or external review/inspection.
Provide accessible information on mechanisms and the process for making complaints, and for holding the authority, or individual staff, to account.
Provide accessible information on how to access advice, such as advisory services, human rights advocacy services or professional legal advice.

Case study 7
Name of project: Swansea University
Principle this work applies to: Accountability
Does this work link to a HRC priority? Raising Awareness of Human Rights

As an institution Swansea University firmly believes it should be accountable for any decision or action which impact on the people's human rights.

The University has established complaints procedures form use by staff and students if they believe they have been subject to unfair discrimination in relation to work or study. These procedures help ensure the University is accountable for promoting the right to equality and non-discrimination, as well as the right to a safe and healthy work environment. They also help ensure that students can hold the University to account for the way it ensures their right to education. Our procedures also include protections which ensure that staff and students subject to disciplinary procedures are dealt with fairly, in accordance with the right to a fair trial. These include appeals procedures.
The University's research is governed by ethical standards which are overseen by Faculty based Ethics Committees and the University's Research Ethics and Governance Committee.

Why this work is relevant to the principle of accountability?

Human rights give rise to obligations which demand accountability. Public services should be accountable for decisions and actions which affect people's lives. In this case staff and students are provided with information and given access to procedures which enable them to question and challenge decision-makers.

Accountability requires effective monitoring of human rights standards as well as effective remedies where there is a failure to meet these standards. The ethical standards by which the University are governed, help ensure that researchers at Swansea University are accountable for the ways in which research impacts human rights such as the right to privacy, to bodily integrity, the right to be safe, and the right to be protected from exploitation for economic or other reasons

This principled Human Rights Approach was developed by Professor Simon Hoffman and Dr Rhian Croke, Swansea University, School of Law.