Human Rights, Equality And Bias

Question 1

What articles of the European convention of human rights are particularly relevant to policing?

Answer 1

Article 2 - right to life
Article 3 - prohibition of torture
Article 5 - liberty and security
Article 6 - fair trail
Article 8 - right to a private life

Question 2

What affect did the human rights act 1998 have with regard to the ECHR and lawful policing?

Answer 2

The human rights act 1998 enshrined the ECHR into U.K. law. Under the Act it is unlawful for a public authority (like the police) to act in a way which is incompatible with a convention right.

Question 3

What are the nine protected characteristics under the Equality Act 2010?

Answer 3

1. Age
2. Disability
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race (skin colour, nationality, ethic or national origins)
7. Religion or belief (or lack thereof)
8. Sex
9. Sexual orientation

Question 4

Is harassment / discrimination etc under the equality act 2010 a criminal or civil matter?

Answer 4

Civil (harassment could be tried in criminal court under different legislation)

Question 5

What is direct discrimination?

Answer 5

Treating someone worse than another person because of a protected characteristic

Question 6

What is indirect discrimination?

Answer 6

Putting in place a rule / policy / way of doing things that has a worse impact on someone with a protected characteristic than someone without one, when such a rule etc can’t be objectively justified

Question 7

What is discrimination by association?

Answer 7

Where a person is treated less favourably as a result of being associated with a person who holds a protected characteristic (doesn’t apply to marriage / civil partnerships or pregnancy / maternity)

Question 8

What is discrimination by perception?

Answer 8

Where a person is treated less favourably as a result of being perceived as a person who holds a protected characteristic even if they do not (doesn’t apply to marriage / civil partnership or pregnancy / maternity)

Question 9

Under the equality act can discrimination be justified?

Answer 9

Yes if it’s a proportionate means of achieving a legitimate aim (eg driving a response can’t be offered to those who have a disability which means they can’t drive response cars)

Question 10

What is procedural justice?

Answer 10

The way in which citizens perceive they are treated fairly, justly and with proper respect. The presence or absence of procedural justice (fair decision making and respectful treatment) can affect whether people view the police as legitimate.

Question 11

What two key factors impact policing by consent?

Answer 11

Legitimacy (the public view on if the police are entitled to exercise their authority) procedural justice (fair decision making and respectful treatment)

Question 12

In the context of policing by consent what is legitimacy?

Answer 12

The publics view on whether the police are entitled to exercise their authority and powers.

Question 13

What is bias?

Answer 13

A tendency, inclination or prejudice towards or against something or someone often based on stereotypes rather than actual knowledge of an individual or circumstance.

Question 14

What is affinity bias?

Answer 14

Favouring people who we feel we have a connection or similarity with

Question 15

What is confirmation bias?

Answer 15

Tending to seek facts that confirm our pre-existing perceptions and discount evidence that challenges them.

Question 16

In a policing context why is it important to minimise bias?

Answer 16

Goes to the values of fairness and objectively as well as being important in maintaining / enhancing procedural justice (which in turn bolsters legitimacy in the police)