What a Welsh Human Rights Act could mean for you

A proposed Welsh Human Rights Act could give people stronger powers to challenge failures in public services. But ministers must first work out how to deliver that promise within the Senedd’s law-making powers.

Plaid Cymru pledged to bring five international treaties into Welsh law, covering children’s rights, disability rights, women’s rights, racial discrimination and economic, social and cultural rights. The changes could affect decisions about housing, health, education and care.

A recent Senedd Research article examines what that would involve, including whether people would be able to enforce those rights when public bodies fail them.

Before May’s election, Sioned Williams asked the Senedd whether human rights should be “real, enforceable protections, or simply aspirations expressed in policy documents and speeches”.

Now Deputy First Minister and Minister for Social Justice and Equality, she is responsible for developing the legislation.

People in Wales already have protections under the Human Rights Act 1998, including rights relating to privacy, free expression and a fair trial. A Welsh Act would add to those protections in areas where the Senedd can legislate.

Much of the proposal concerns rights to everyday necessities, including adequate housing, food, healthcare and education. Although the UK has signed international treaties recognising these rights, that does not automatically make every provision enforceable in domestic courts.

Wales has already placed a legal duty on ministers to give “due regard” to children’s rights when making decisions. That requires them to consider those rights and give them appropriate weight, but does not make every right in the UN children’s convention directly enforceable.

The proposed Act could go further, allowing individuals to seek a remedy when a public authority breaches a right protected by the legislation.

Organisations representing women, disabled people and those facing homelessness have long pressed for stronger protections.

A Senedd cross-party inquiry heard evidence about unsuitable housing, difficulties accessing healthcare and the effects of poverty on children.

One domestic abuse survivor, whose account was submitted through Shelter Cymru, described feeling ashamed when seeking help after becoming homeless.

“If I thought I had a right to a home, it wouldn’t be so shameful,” she said.

Enforceable rights

The inquiry argued that protections which cannot be directly enforced remain dependent on political priorities, leaving people without a reliable means of securing the rights promised in international agreements.

The legal work behind the proposals has, however, identified substantial obstacles.

An independent working group examined how the UN conventions on women’s and disabled people’s rights could be incorporated into Welsh law. Its report, published in March, concluded that adopting them directly would risk a legal challenge.

Parts of the treaties concern matters reserved to Westminster, including equal opportunities and employment. Removing provisions to avoid those restrictions could significantly weaken the protections.

The group also rejected simply introducing another duty to consider the rights as insufficient.

Instead, it recommended a Welsh Act drawing on the treaties, with rights drafted specifically to fit within devolved powers.

Challenging decisions

How people could challenge a breach would also need to be settled. Bangor University law academic Sarah Nason, writing about the group’s findings, highlighted the potential role of Welsh tribunals and the constraints created by Westminster’s control over much of the justice system.

Legal proceedings would not be the only possible route.

Swansea University’s Professor Simon Hoffman argues that stronger rights could also help people challenge decisions through complaints procedures, giving them clear standards against which to judge the treatment they receive.

His briefing identifies possible roles for commissioners and ombudsmen in investigating breaches, alongside stronger scrutiny by the Senedd.

Funding and timetable

Passing legislation would not, on its own, resolve shortages in housing or care. Professor Hoffman notes that funding, levels of need and the way services are organised would still influence what people receive.

He argues that improvements would need to be achieved progressively, taking account of available resources, rather than requiring public bodies to meet impossible targets.

Stronger rights could nevertheless influence spending priorities and service planning, supported by staff training, public awareness and monitoring.

The Human Rights Bill was not included in the government’s first phase of legislation. Senedd Research notes that the four-year term leaves ministers limited time to develop and pass it.

In a July response to Amnesty International, Ms Williams said ministers were considering how to produce a Bill that was legally sound, within devolved powers and capable of making a practical difference.

She said the government would continue working with interested organisations, with any new law designed to operate alongside existing equality and human rights legislation.

Read Claire Thomas’s full Senedd Research analysis here.