Welsh Government “falling short” on certain international human rights commitments, warns EHRC

In a report published today (10 December), the regulator urged the Welsh Government to take further steps in a number of areas, including improving disabled people’s access to health services and publishing its revised Disabled People’s Rights Plan.

As part of its research, the EHRC examined whether the Welsh Government has implemented human rights recommendations made at the UN Universal Periodic Review (UPR). Its report made over 80 assessments across a range of human rights topics which fall within the Welsh Government’s devolved remit.

The regulator observed: “Despite marking International Day of Persons with Disabilities last week on 3 December, the Welsh Government has yet to publish its revised Disabled People’s Rights Plan. The equality regulator subsequently wrote to the Cabinet Secretary for Social Justice, Jane Hutt MS, to encourage the Welsh Government to publish the plan as soon as possible and incorporate its recommended revisions.”

Additionally, the EHRC assessed progress made by the Welsh and UK governments to protect migrant workers from abuse and exploitation.

The EHRC found: “While the UK government has responsibility over most laws and policies to protect migrant workers from exploitation, […] the Welsh Government [has] taken steps in the area, including publishing a Wales Modern Slavery Safeguarding Pathway and producing specific guidance for people from Ukraine and international workers in the social care sector.”

Last month, the Welsh Government entered into a section 23 legal agreement with the EHRC following enforcement action by the regulator over compliance failures.

The action came after the Welsh Government accepted in a legal case that it had failed to comply with the Public Sector Equality Duty (PSED) when it made a decision to discontinue funding for free school meals.

A section 23 agreement is a legally binding agreement that the equality regulator can enter into under the Equality Act 2006.

By agreeing to a section 23 agreement, an organisation commits to not breaching equality law.

The EHRC first wrote to the Welsh Government detailing its concerns about compliance with the PSED in 2020.

It has held regular discussions with the Welsh Government since then to seek ways to improve compliance.

Interim Chair of the EHRC’s Wales Committee, Martyn Jones, said: “As an A-status National Human Rights Institution, it’s our job to monitor and promote human rights in Wales, and to ensure the Welsh Government takes the necessary steps to uphold such rights.  

“Our new analysis shows there has been limited progress towards implementing key human rights commitments. Among our assessments, we examined if the Welsh Government was taking action to improve disabled people’s access to health services. 

“During the summer, we urged the Welsh Government to revise its Draft Disabled People’s Rights Plan or risk the commitments it makes becoming symbolic. We look forward to its updated plan being published imminently and encourage the government to ensure it reflects our recommendations and delivers meaningful improvement to disabled people in Wales.”

He added: “Slow progress towards upholding key human rights obligations is concerning for each and every one of us. Our everyday rights are not luxuries to be earned, but obligations governments must uphold.  

“That’s why we have written to the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip to remind her of the government’s obligations to protect everyone’s basic human rights. We urge the Welsh Government to review our new report and implement the outstanding UPR recommendations to ensure human rights are upheld across Wales.”

A Welsh Government spokesperson said: “We remain firmly committed to equality and human rights for everybody in Wales and welcome the EHRC’s scrutiny of our progress. We have taken important steps, including publishing our Strategic Equality and Human Rights Plan, working with partners to tackle modern slavery and exploitation, and revising our Disabled People’s Rights Plan - which will be published before Christmas - to set out clear, measurable actions to improve access to services. We will carefully study the EHRC’s report as we continue working with disabled people, the EHRC, and others to address the issues highlighted.”

Lottie Winson