Welsh Government falls short on human rights commitments

Martin Shipton

The Equality and Human Rights Commission has issued a warning that human rights in Wales are being compromised because of gaps in the Welsh Government’s compliance.

In a new report published by the human rights regulator, the EHRC 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.

Marking Human Rights Day (December 10), 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.

Earlier this year, the Welsh Government reaffirmed its commitment to upholding equality and human rights in Wales, publishing its Strategic Equality and Human Rights Plan 2025 to 2029 and reiterating its ambition to incorporate UN human rights treaties.

While it has implemented some UPR recommendations, the EHRC’s report warned that gaps remain in key human rights areas and specifically called for more measurable progress to improve disabled people’s access to health services.

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 merely 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.

“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 [Jane Hutt] 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.”

The human rights regulator’s new report highlighted limited progress in the government’s commitment to improve disabled people’s access to health services.

Disabled people

In August, the EHRC urged the Welsh Government to commit to measurable improvement for disabled people including improved access to health services, in response to its consultation on the draft Disabled People’s Rights Plan. It emphasised the importance of working with disabled people to develop, implement and monitor the policies and services that affect them.

Despite marking International Day of Persons with Disabilities last week on December 3, the Welsh Government has yet to publish its revised Disabled People’s Rights Plan.

The equality regulator subsequently wrote to Ms Hutt 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.

While the UK government has responsibility over most laws and policies to protect migrant workers from exploitation, the human rights regulator noted the Welsh Government had 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.

The EHRC’s new report is based on whether the Welsh Government has implemented recommendations made by other UN Member States – other participating nations – in its fourth UPR which took place in 2022.

UK Government

The UN recommendations are directed to the UK government as the State party. However, as the Welsh Government has a responsibility to uphold human rights for devolved matters, in areas such as health, housing and education, the EHRC’s assessment examined what progress it had made in key, devolved human rights areas.

Its report aims to hold the Welsh Government accountable to its human rights commitments, assessing what has changed since the last UPR and what gaps remain before the next review in 2027.

The mid-term report marks the halfway point in the five-year period during which UN Member States are expected to improve their human rights records in line with UPR recommendations.

A spokesperson for the Welsh Government 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.”