SPATIAL JUSTICE NEW STATUTORY DUTY TO HAVE REGARD TO HUMAN RIGHTS AND EQUALITY:

Presentation to UCD Planning School November 2014

Kieran Rose Senior Planner Dublin City Council

Member, Irish Human Rights and Equality Commission

Irish Human Rights and Equality Commission Act 2014

Act provides for the merger of the Equality Authority and the

Irish Human Rights Commission into a new single body. Section 42. (1) A public body shall, in the performance of its functions, have

regard to the need to:

(a) eliminate discrimination,

(b) promote equality of opportunity

(c) protect the human rights

of its members, staff and the persons to whom it provides services.

…………………………..

A public body shall (a) set out in a manner that is accessible to the public …

an assessment of the human rights and equality issues

it believes to be relevant to the functions and purpose of the body

and the policies, plans and actions in place or

proposed to be put in place to address those issues”

(b) report in a manner that is accessible to the public on developments and

achievements in that regard

Commission may give guidance to and encourage public bodies in developing policies of, and exercising,

good practice and operational standards in

relation to, human rights and equality.

Commission may

(a) issue guidelines, or

(b) prepare codes of practice

For performance measures, operational standards and written preventative strategies for the purpose

of reducing discrimination and promoting human rights and equality

…………………………………

Where the Commission considers that there is evidence of a failure by a public body to perform its positive

duty functions

Commission may invite the public body to—

(a) carry out a review in relation to the performance by that body of its functions

(b) prepare and implement an action plan in relation to the performance by that body

of its positive duty functions

A review or an action plan under may relate to

(a) equality of opportunity or human rights generally, or

(b) a particular aspect of human rights or discrimination

The thinking behind this new statutory duty is set out in the Report of the Working Group on the Irish Human Rights and Equality Commission (2012; pp47 – 52) The Report states that such a duty contributes to public sector reform, and sets out the wider economic and social benefits. Also the Report sets out that the new statutory duty is not intended to place any undue burden on public bodies. The Working Group also stated that: “The purpose of the public sector equality and human rights duty is to ensure that public bodies reflect on and take action on these core values as part of their mainstream service.”

It is also relevant to note that the functions of the Commission under the Act include:

“ to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person”. The Irish Human Rights and Equality Commission (IHREC) is given the role of guiding public bodies in the carrying out of this new function. The Chief Commissioner of IHREC, Emily Logan, has written to all local authorities drawing their attention to the new statutory duty. This relates to the Reviews of Development Plans, the preparation of Corporate Plans as well as the Local Community and Community Plans. Discussion paper sets out initial ideas on how this new statutory duty to have regard to human rights and equality might be incorporated into the Review of the Development Plan process.

EQUALITY Irelands Equality legislation sets out to: promote equality; prohibit certain kinds of discrimination across nine grounds; allow a broad range of positive action measures. …………………………… The nine grounds are as follows: The gender ground The age ground The race ground: A particular nationality or ethnic origin etc The disability ground The civil status ground: Single, married, in a civil partnership, separated, divorced or widowed; The family status ground: Pregnant, a parent of a person under 18 years or the resident primary carer or parent of a person with a disability; The sexual orientation ground: gay, lesbian, bisexual or heterosexual; The religion ground The Traveller community ground ……………………………………………… Indirect discrimination is also prohibited. Indirect discrimination happens where there is less favourable treatment by impact or effect. The Acts allow preferential treatment or the taking of positive measures which are bona fide intended to: (a) promote equality of opportunity for disadvantaged persons; (b) cater for the special needs of persons, or a category of persons who because of their circumstances, may require facilities, arrangements, services or assistance.

HUMAN RIGHTS “human rights” are broadly defined in the IHREC Act 2014 as: (a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, (b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, and (c) without prejudice to the generality of paragraphs (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being— (i) inherent in persons as human beings, and (ii) necessary to enable each person to live with dignity and participate in the economic, social or cultural life in the State; Irish Human Rights and Equality Commission Appointed by the President of Ireland International Treaty Body (Good Friday Agreement) UN Conventions on Human Rights Paris Principles: Independent of Government: “A” Status Irish Equality legislation led Europe and World: 9 Grounds Equality Authority and Equality Tribunal

Irish Human Rights and Equality Commission Appointed by the President of Ireland

Planning and Development Act 2000-

A development plan shall include objectives for—

the integration of the planning and sustainable development of

the area with

the social, community and cultural requirements of the area

and its population;

SUSTAINABLE

SOCIAL

COMMUNITY

CULTURAL

RELEVANT CITY COUNCIL FUNCTIONS AND INITIAITIVES A wide range of City Council functions are relevant to this new positive duty including: social housing; its provision and quality the regulation of the quality of housing, e.g. our apartment housing standards, protecting those with restricted housing choice parks and play grounds; their spatial distribution, quality and accessibility libraries; their spatial distribution, quality and accessibility other community facilities including arts and cultural facilities the regeneration of disadvantaged areas; transforming them into high quality attractive integrated neighbourhoods. The City Council has undertaken a wide range of initiatives relevant to equality and human rights and indeed could be regarded as a model of good practice in this regard. Below is a list of some of the initiatives.

Children’s Play and Youth Recreation; “Play is essential to the healthy development of children and young people – not just their physical development, but their social and cognitive development too.” Children’s Play Policy. “The policy underpins the principle of a child friendly city, a concept that is rowing in usage in Europe. The city would be made up of child friendly neighbourhoods. This idea extends from the family friendly neighbourhoods proposed in ‘Dublin – a City of Possibilities’. For children this means safe, attractive neighbourhoods where they can play, socialise and move from place to place, as do the other members of their community. In this neighbourhood, play is accepted as an important and central part of life.”

Development Plan Under the social theme, the Development Plan refers to social inclusion and integration. There is a need to expedite the regeneration of disadvantaged areas. The economic chapter refers to the economic advantages of openness and diversity. International Economic Competitiveness The City Council and GLEN carried out an action research project into the international economic competitiveness benefits to the city of qualities of diversity, openness and equality across the nine grounds of the Equality legislation. http://dublincity.ie/sites/default/files/content//YourCouncil/AbouttheCouncil/CouncilDepartments/Documents/Dublin%20City%20Council%20and%20GLEN%20Diversity%20and%20International%20Competitiveness%20November%202011.pdf

Integration Unit “Dublin City is committed to the policies of Interculturalism developing a safe, open, diverse and welcoming city in which all communities and neighbourhoods live without discrimination, racism and work together towards an integrated society that value diversity advantage.”

Migrant Voters Campaign “The right of migrants living in Ireland to vote in local elections is quite unique in a European context where such a right is not immediately available to immigrants in many other countries.” One City One People Campaign 2014 “…Dublin is an open city, a city which respects and embraces difference, is accessible, safe and equal and does not accept racism and discrimination.”

Access Unit “Dublin City Council is committed to improving its services and facilities for people with disabilities. The Access Unit was set up in 2007 to oversee and facilitate Dublin City Council’s responsibilities under the Disability Act, 2005. We are committed to the ongoing participation of our service users through consultation to ensure we reach our targets and goals by providing a range of services that are fully accessible to everyone.” Corporate Plan and Social Inclusion Unit “We will actively promote social inclusion, equality and diversity, opportunity, community participation and integration of all ethnic communities. “

Dublin City Age Friendly Strategy 2014 – 2019 The Age Friendly Strategy for Dublin city is a five

year plan to improve the quality of lives of people

over the age of 55. Work has also begun to make

the city centre more age-friendly.

The Dublin City Business Improvement District (BID)

A Right to Quality, Safe and Accessible Public Spaces

Parks Playgrounds Streets

“All people have an equal right to enjoy public space, and to be respected.”

“Barcelona has a new by-law to encourage and guarantee fairness, equality and

respect for others in the city .. so that public squares and

streets in the city continue to be a place where people can meet, in peace.”

The Ordinance considers any offence against these rights as a serious offence.

This includes all “hate crimes”, whether the behaviour is discriminatory or xenophobic,

racist or sexist. Offensive behaviour directed against elderly people,

minors, or people with disabilities, as well as bullying of children by youth bands …”

UN Women Safe Cities Global Programme The City Council has signed up to the UN Women Safe Cities Global Programme. UN Women’s Safe Cities Global Programme works with cities to devise innovative approaches at the local level to reduce or eliminate violence against women and girls in public spaces, including on public transport. A scoping study is currently being carried out. ‘derelict’ land and buildings make people feel unsafe Events and Festivals The City Council supports a range of events and festivals such as the Dublin Chinese New Year Festival and the Lesbian and Gay Pride Parade etc.

Feels unsafe

Feels safe

SCENARIOS Census data and GIS mapping etc offer a great opportunity to ‘operationalise’ this new positive duty. For example, it is possible to map the distribution of benefits such as parks and playgrounds alongside Census data that relate to the Equality legislation such as age and nationality/ethnic origin. We can then co-relate this with human rights issues such as the UN Convention of the Rights of the Child which includes the right to play. Preliminary research suggests that certain parts of the inner city that have for example high numbers of children and high numbers of people born outside the country, have poor provision of parks and play areas, compared to other parts of the city, raising human rights and equality concerns. ………………….

A similar mapping exercise could be carried out for disbenefits: such as heavily trafficked routes; public domain problems; dereliction etc. Particular issues could be examined such as food poverty and the provision of grocery shopping, affordability and choice etc, in certain parts of the city. “The challenge of food poverty, which refers to an inability to access a nutritionally adequate diet due to issues of affordability of, and access to, food and which has related impacts on health and social participation.” Policy to address these issues could be included in Development Plans

“BETTER OUTCOMES, BRIGHTER FUTURES: THE NATIONAL POLICY FRAMEWORK FOR CHILDREN AND YOUNG PEOPLE, 2014-2020” Framework policy stated that the Government recognizes that; “Young people from disadvantaged backgrounds … have lower levels of participation in play, recreation, sport, arts and culture, and are therefore a priority in terms of policy and provision. It went on to recognize: “The role of the built environment and planning in relation to accessing nature and safe green spaces.”

Housing Quality: Apartments

38% of all homes built in Inner City during years 1995 to 2006 are 1 bed

(Beyond Pebbledash, Paul Kearns and Motti Ruimy)

About 38m2 … Tiny .. Liveable?

Allowed by the Planning system

Until Apartment Variation 2007 brought radical increase in minimum standards

Against strong opposition then

Resurfacing now

Who benefits? Who loses?

Poor Quality Housing for Poor People in Poor Areas?

from ReDrawing Dublin

Paul Kearns Motti Ruimy

CONCENTRATIONS OF DISADVANTAGE

Vacant Land and Dereliction

Makes People Feel Unsafe in Public Spaces

Makes People Feel Undervalued

Derelict Sites Act?

Lord Mayors Taskforce for a Vacant Land Levy for Dublin City 2013

Strong opposition from vested interests

New Homes (National)……..93,000 (2006) 8,000 (2013)

2006 - 21% Dublin 2013 - 14% Dublin

65 Hectares of Derelict Land…..Inside Canal RingSeven times St Stephens Green

Spatial (In) Justice

HEA: Estimated Higher Education participation rates by Dublin

Postal Code (provisional)

Postcode Participation Rate

Dublin 1 23%

Dublin 6 99%

Dublin 8 28%

Dublin 10 16%

LEARNING CURVE UK and Northern Ireland have had this Positive Duty requirement for longer But it seems there are few if any studies on application to Planning .. and the City Great opportunity to lead the field in this area … in understanding .. And implementing “The Development Plan recognises that openness and diversity are economically beneficial to the city. How do we implement the new statutory duty on public bodies to have regard to human rights and equality in the carrying out of their functions in a way that is beneficial to the city and its economy?” Issues Paper for Review of Dublin City Development Plan

Human rights, equality, economic progress and the city

UN: Building Inclusive Cities “Over the past 60 years, the human rights affirmed in the Universal Declaration of Human Rights (1948) have gradually become recognized, expanded, and incorporated into the ordinary lives of individuals and society. UN-HABITAT and UNESCO are jointly supporting international comparative research [to] combine urban development with social equity and justice. Urban Policies and the Right to the City: Rights, Responsibilities and Citizenship, launched by UNESCO with UN-HABITAT in March 2005

UN-HABITAT Adopts First-Ever Resolution on Public Spaces “ Invites Governments and local authorities to facilitate the use of public spaces of cities such as streets, parks and markets to foster social, cultural, economic and environmental convergences so that all citizens have access to public spaces in a socially just landscape”. As a start .. Having regard to the wording set out in the Act, the Review of the Development Plan might include: An assessment of the human rights and equality issues we believe to be relevant to the functions and purpose of the Development Plan and the policies, plans and actions in place or proposed to be put in place to address those issues.

Kieran Rose Senior Planner

THANK YOU