Participation and private life

Transcription

1 Central political and civil rights are essential tenets of democratic life, enabling people to have a voice and effect change, while their identity and privacy are protected. Core indicators The three core indicators for the Participation and public life domain on which we are consulting are: Political participation and representation Civic participation and representation, and Respect for private life. A short overview of the structure/process/outcomes for each of the three core indicators is provided on the following templates. Supplementary indicators The two supplementary indicators are: Access to services, and Local area/social cohesion Templates are not provided for the supplementary indicators. When you have read the templates, please answer the questions about the Participation and public life domain on the stakeholder consultation response form.

2 Domain Indicator Civic participation and representation Rationale This indicator provides a general overview of empowerment and involvement in helping to shape politics locally or nationally. It also indicates if an individual feels they can enjoy their rights to participation in civic organisations such as trade unions. Structure Human rights and equality framework Legislation/treaty Article/ Human Rights Act 1998 Equality Act 2010 section Scotland Act (1, 2) 57 (2) Children and Young People (Scotland) Act (2014) Government of Wales Act 2006 Rights of Children and Young Persons (Wales) Measure (2011) Issue Published: January ; 11 Freedom of expression; Freedom of association 108(6)(c) 81(1) Prohibits unlawful discrimination, harassment and victimisation on the basis of nine protected characteristics Places a duty on Scottish Ministers to keep under consideration the requirements of the CRC Provides a statutory duty for Welsh Ministers to have due regard to Part 1 of the CRC ECHR 10; 11 Freedom of expression; Freedom of association CEDAW 7c Participation in non-governmental organisations in public and political life CERD 5c; 5dix; 5eii Taking part in public affairs; Peaceful assembly and association; Right to form and join trade unions CRPD 27; 29 Freedom to exercise trade union rights; Participation in political and public life ICCPR 19; 21; 22 Freedom of expression; Right of peaceful assembly; Freedom of association including

3 trade unions ICESCR 8 Right to join trade unions and to strike CRC 12/13;15 Right to form and join trade unions; Freedom of expression Process Legal, regulatory and public policy framework Key legislation Key public policy Regulators GB England Scotland Wales Trade Union and Labour Regulations (Consolidation) Act 1992 Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 Employment Relations Act 1999 (Blacklists) Regulations 2010 Construction Workers Compensation Scheme Electoral Commission; Charity Commission Together in Service; Youth United Community Empowerment Bill 2015 Procurement Advice Note on blacklisting Scottish Charity Regulator Published: January

4 Outcomes Statistical outcomes requiring analysis Measure Source Coverage i.e. Percentage of adults undertaking one of a number of political activities Percentage of adults who feel they can influence decisions affecting their local area Community Life Survey England Scottish Social Attitudes Survey - Scotland No regular survey for Wales may be included in National Survey of Wales in future Community Life Survey England; Scottish Household Survey; National Survey of Wales (measure 2) protected characteristic and country England: A, D, E, G, R, SO, SES Scotland: A, D, E, G, R, SES Adults (2 spreadsheets) England: A, D, E, G, R, SO, SES Scotland: A, D, E, G, R, SES Wales: A, D, E, G, R, SO, SES Adults (3 spreadsheets) Other outcomes Topic Issues relating to freedoms of expression, and of assembly and association e.g. the right to protest including demonstrations, surveillance, crowd control Civic participation of marginalised groups Key sources of evidence Legal cases Joint Committee on Human Rights reports Legal cases House of Commons Committees International Labour Organisation Trade union statistics from BIS Various e.g. Commissioner for Public Published: January

5 Trades unions, legislation and membership Public appointments Appointments, ONS, Government papers Children's Commissioners As above As above Published: January

6 Domain Indicator Political participation and representation Rationale Voting and the involvement in formal public life are the fundamental tenet of democratic life and feature in many international treaties. Structure Human rights and equality framework Legislation/treaty Article/ Human Rights Act 1998 Equality Act 2010 section Scotland Act (1, 2) 57 (2) Children and Young People (Scotland) Act (2014) Government of Wales Act 2006 Rights of Children and Young Persons (Wales) Measure (2011) ECHR Issue 10 Freedom of expression 108(6)(c) 81(1) Protocol 1 Article 2 Prohibits unlawful discrimination, harassment and victimisation on the basis of nine protected characteristics Places a duty on Scottish Ministers to keep under consideration the requirements of the CRC Provides a statutory duty for Welsh Ministers to have due regard to Part 1 of the CRC Right to free elections CEDAW 7a Right to vote, be elected CERD 5 Political rights, voting, standing for election CRPD 29 Participation in political and public life ICCPR 25 Political rights, voting, standing for election Process Legal, regulatory and public policy framework GB England Scotland Wales Published: January

7 Key legislation Representation of the People Act 1983, 2000 Local Government Acts 1971 and 2000 Scottish Independence Referendum Act 2013 Local Government (Democracy) (Wales) Act 2013 Electoral Registration and Administration Act 2013 Key public policy Access to Elected Office project Step Up Cymru mentoring scheme Regulators Parliamentary Parties Panel Electoral Commission Electoral Commission Electoral Commission Published: January

8 Outcomes Statistical outcomes requiring analysis Measure Source Coverage i.e. protected Voting in the most recent general elections British Election Study characteristic and country A, E, G, RB, SEC GB, E, S, W (3 spreadsheets) Other outcomes Topic Equality characteristics of elected representative, e.g. Members of Parliament, Members of the Scottish Parliament, Members of the National Assembly for Wales Voting age and exclusion of prisoners from voting Issues related to disenfranchised groups, voter registration and voting accessibility; access to the election process Key sources of evidence Varied sources, for example: UK Parliament, House of Commons Library, Scottish Government Electoral Commission reports Country reports on local councillors As above, plus specialised NGO reports Published: January

9 Domain Indicator Respect for private life Rationale Privacy and surveillance, including the collection, use, tracking, retention and disclosure of personal data, is a key human rights concern. Structure Human rights and equality framework Legislation/treaty Article/ Human Rights Act 1998 Equality Act 2010 section Scotland Act (1, 2) 57 (2) Children and Young People (Scotland) Act (2014) Government of Wales Act 2006 Rights of Children and Young Persons (Wales) Measure (2011) Issue 8 Right to respect for private and family life 108(6)(c) 81(1) Prohibits unlawful discrimination, harassment and victimisation on the basis of nine protected characteristics Places a duty on Scottish Ministers to keep under consideration the requirements of the CRC Provides a statutory duty for Welsh Ministers to have due regard to Part 1 of the CRC ECHR 8 Right to respect for private and family life ICESCR 17 Right to privacy Process Legal, regulatory and public policy framework Key legislation Key public policy GB England Scotland Wales Investigatory Powers Act 2016 Data Protection Act 1998 Privacy by design guidance Published: January

10 Regulators (Information Commissioner s Office) Covert surveillance and covert human intelligence codes of practice Investigatory Powers Commissioner Information Commissioner s Office Intelligence Services Commissioner Scottish Information Commissioner Outcomes Statistical outcomes requiring analysis Measure Source Coverage i.e. protected characteristic and country No appropriate statistical measures were identified that capture the population s experience of information privacy and/or surveillance issues. Other outcomes Topic Internet use and public awareness of privacy settings Loss and misuse of personal data Key sources of evidence We Are Social figures on internet use; Deloitte s Data Nation Survey and ICO s Annual Track survey for public opinion on how secure they think their personal information is ICO records of enforcement activity; Fundraising Standards Board investigation Published: January

11 Adequacy of the legislative and regulatory framework into charity fundraising practices Various official documents, including from Intelligence Security Committee investigations, EU Parliament, Commission s own reviews of legislation; Investigatory Powers Review; key legal cases Published: January