HIV Harassment Investigation
posted: 08/12/2009
Public bodies in England, Scotland and Wales face an inquiry into how they deal with disability-related harassment by the Commission for Equality and Human Rights, the watchdog announced.
The commission promises that bodies that do not adequately uphold the rights of people with disabilities, including everyone living with HIV, could face legal action.
Public bodies have a legal duty to take steps to eliminate disability-related harassment – part of their disability equality duties.
The inquiry, which will publish its final report in early 2011, follows the inquest into the deaths of Fiona Pilkington and her disabled daughter Francesca. Their deaths followed years of harassment and exposed weak public responses to tackling this.
EHRC commissioner Mike Smith said: "Disabled people experiencing harassment can become conditioned to hostile treatment, or are sometimes told to ignore it by those around them - including by public authorities. They may also go to enormous lengths to avoid putting themselves at risk which can limit their freedom and opportunities. These are unacceptable outcomes for anyone in our society."
Evidence exists
The commission said it already had evidence that harassment of disabled people was widespread throughout Britain and that people with learning disabilities and mental health problems were at a particularly high risk. People living with HIV similarly may experience significant harassment and violence because of stigma.
What are Councils and Health Bodies actually doing?
The Inquiry will look at what public bodies are doing to end disability-related harassment and to deal with its causes, including prejudice and negative attitudes; and how public authorities have involved people with disabilities in eliminating harassment and its causes – for example by effective joined-up reporting procedures.
Ruth Scott, director of policy and campaigns at disability Scope, said: "We would like to see the inquiry focus on how public authorities are raising awareness of disability related harassment among disabled people, to increase their confidence in reporting such cases, and supporting and training frontline staff across public authorities to ensure they respond appropriately and promptly."
A document outlining the terms of reference will be published shortly for consultation and the terms will be finalised early next year. The whole review will be completed within the year.
Have you evidence?
The Inquiry will collect evidence from people with HIV and other disabilities and from people affected by disability-related harassment (such as HIV negative partners and family) and from public authorities on what they are doing to tackle the issue.
George House Trust will work with other HIV bodies to collect and submit evidence of HIV harassment. Few cases are ever reported, mainly because of HIV stigma and the belief that complaining won’t change things for the better. This investigation, linked to the use (or not) of public powers to deal with HIV stigma, is the best opportunity to make councils, police and health bodies take real action to cut HIV harassment in society.
If people have information on HIV harassment in NW England please contact HIV Policy worker Chris at George House Trust.
The investigation follows the recent publication of the UK HIV Stigma Index - information in our recent report and also here.
Good practice too
The Inquiry may also aim to identify examples of good practice in eliminating disability related harassment and addressing its causes.
The Commission will consider how public authorities have complied with their obligations in relation to the Disability Equality Duty set out in the Disability Discrimination Act 1995, the Human Rights Act, and the UN Convention on the Rights of Persons with Disabilities.
Useful Information and Guidance
Public Bodies Duties Guidance
ECHR report – Promoting the safety and security of disabled people
Sources The ECHR press release Community Care
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