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Human Rights Framework for the EHRC Inquiry on preventing deaths in detention of adults with mental health conditions
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2015
- Pagination:
- 4
- Place of publication:
- London
A framework to help organisations to meet their legal obligations when detaining people with mental health problems. Section A covers the obligation to protect life and lists key points that need to be met to ensure the provision of a safe and respectful environment. Section B provides a list of issues that need in order to conduct an effective investigation of the non-natural death of adults with a mental health condition in detention. The framework is based on human rights case law. (Edited publisher abstract)
Inclusive justice: a system designed for all. Interim evidence report: video hearings and their impact on effective participation
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2020
- Pagination:
- 16
- Place of publication:
- London
Interim findings of an inquiry looking at how effectively cognitive impairments, mental health conditions and/or neuro-diverse conditions are being identified among defendants in the criminal justice system. The inquiry examined whether the appropriate adjustments are being made to ensure that individuals with such conditions can effectively participate. This included looking at the impact of video hearings on participation for defendants. The report shows that most criminal courts and prisons in England and Wales had some form of video-link technology and made use of the technology. However, the report suggests that opportunities to identify impairments and make adjustments are lost or reduced when a defendant appears in court by video-link rather than in person. Interviewees raised numerous concerns about video-links with poor sound and image quality, about the separation between the defendant and their solicitor and/or court, and about privacy and legal privilege. While some positive impacts of video hearings were noted for defendants, they were seldom related to participation. The report makes a number of recommendations and calls on the UK Government to use the emerging evidence from the pilots for video enabled justice to inform how the rapid expansion of remote hearings is implemented; ensure that defendants have accessible information that explains their right to raise issues that they may have with participation, and accessible mechanisms that enable them to do so; ensure that all frontline professionals, including judges, police and health workers, give greater consideration to identifying people for whom video hearings would be unsuitable; and consider using audio and video recordings of hearings as part of the evidence base to evaluate remote hearings. (Edited publisher abstract)
Healing a divided Britain: the need for a comprehensive race equality strategy
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2016
- Pagination:
- 74
- Place of publication:
- London
A comprehensive review into race inequality in Great Britain, covering education, employment, housing, pay and living standards, health, criminal justice and participation. It examines where society is making progress, where we are stalling and where we are going backwards or falling short. It also examines the relationship between race and socio-economic disadvantage. Part 1 provides an overview of the key challenges to race equality in Britain and sets out our recommendations to the UK, Welsh and Scottish Governments. Part 2 details evidence and key findings across the following areas: education and learning; work, income and the economy; health and care; justice, security and the right to life, and; the individual and society. Although the report identifies some progress, it finds unfairness is still present in many areas of British society. It finds that Black people are much more likely to be victims of crime and be treated more harshly in the criminal justice system; despite improving educational attainment, ethnic minority people are still being held back in the job market; and that life chances for young people from an ethnic minority have got much worse over the past five years, with an increase in the percentage of the number of 16 to 24 year olds who are long-term unemployed. The report makes a number of recommendations and calls for a comprehensive new race strategy from Government, the development of stretching new targets to reduce race inequality including in criminal justice, education and employment, as well as better research and reporting to monitor progress. (Edited publisher abstract)
Preventing deaths in detention of adults with mental health conditions: an Inquiry by the Equality and Human Rights Commission
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2015
- Pagination:
- 82
- Place of publication:
- London
Reports on an inquiry into the deaths of 367 adults with mental health conditions who died of 'non-natural' causes while in police cells or as detained patients over the period 2010-13, plus a further 295 who died in prison custody in England and Wales. The Inquiry aimed to establish the extent to which there had been compliance with Article 2 (the right to life) together with Article 14 (the right to non-discrimination) of the European Convention on Human Rights. Evidence was also received evidence from individual, organisations and families of those who died in detention. Chapters cover: Human rights and the Human Rights Framework, dignity and respect, risk and assessment; access to treatment and support; and investigations and preventing future deaths. The final chapter also presents analysis on the current situation in Scotland. The inquiry found detained patients in hospitals to be a particularly vulnerable group. It was also difficult to access information following a non-natural death of detained patients in hospitals. In relation to detention in prisons, the report found an increase in non-natural deaths between 2012 and 13 with a further increase in 2014. Although there are few deaths within police custody, police should be able to respond appropriately to people with mental health conditions, whilst minimising the use of restraint. It also recommends that police should record and publish the use of restraint. The Inquiry makes recommendations in four key areas: learning lessons and creating rigorous systems and processes; a stronger focus on meeting basic responsibilities to keep detainees safe; greater transparency and robust investigations; and that the EHRC Human Rights Framework should be adopted and used as a practical tool in prisons, police custody and psychiatric hospitals. (Edited publisher abstract)