35. How will the Human Rights Act affect volunteers?
The Human Rights Act 1998 came into full force on October 2nd 2000 giving further effect in the UK to the fundamental rights and freedoms of the European Convention on Human Rights. It has been suggested that the Act will give new rights to volunteers who feel that they have been discriminated against by the organisations that they are offering time to. Article 14 of the Human Rights Act prohibits discrimination and it was thought that volunteers could state this article in any legal cases. However Article 14 only works to protect individuals from different treatment in exercising their other convention rights (Articles 1-13) and does not give a general right to protection from different treatment in all areas of life. It is therefore very unlikely that the Article 14 will have a substantial impact on the relationship that organisations have with their volunteers. As well as Articles to which endorsement is compulsory there are also Protocols which governments can endorse if they wish. Protocol 12 is a stand alone right for individuals not to be discriminated against but Britain has yet to endorse this right.
The one Article that may effect the way organisations work with volunteers is Article 8, the right to respect for private and family life. This will mean that individuals who feel that their privacy has been infringed can take a case forward under Article 8 as well as under the Data Protection Act. Charities should have clear confidentiality policies outlining how information will be stored and whom it will be shared with. Particular care should be taken with people’s contact details, references and police checks.
If an individual wanted to sue an organisation for breaking the Convention rights they would first have to prove that the organisation was a public authority. Public authorities include local authorities, health authorities, the police, courts, and private companies and charities that carry out public functions. As yet there is no clear guidance as to what constitutes a 'public function'. It could mean just organisations that have tendered to run services for the local authority but it could also mean any organisation offering a service to the public. The definition will not be made clear until some test cases go through court.
To find out more visit: http://www.homeoffice.gov.uk/hract.
Or write to:
Human Rights Unit Helpdesk, Home Office, 50 Queen Anne’s Gate, London. SW1H
