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Published by The Scottish Parliamentary Corporate Body
Getting Rights Right: Human Rights and the Scottish Parliament
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Published: Monday 26 Nov 2018 (EHRiCS052018R6Rev)
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Overview
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Overview
Report
Foreword from the Convener
Summary of Key Recommendations
Introduction
Background
The need for an inquiry
Our approach
Commission on Parliamentary Reform
Appointment of an adviser
Human rights development
Evidence gathering and engagement activities
Human rights challenges facing Scotland
The UK's withdrawal from the European Union
Need for monitoring for EU human rights protections
Keeping pace with EU human rights protection
Perceived threat to the European Convention on Human Rights
Conclusion
Austerity
Socio-economic disadvantage
Human rights-based approach to budgeting
Scottish Government approach to tackling poverty
Barriers faced by protected characteristics groups and other vulnerable groups
Rights for people experiencing mental health problems
Children's rights
The need for rights' advocacy support
Conclusion
Leadership in Human Rights
Civic society
The Scottish Government
The Scottish Parliament
Conclusion
The Human Rights 'Voice' in the Parliament
Conclusion
The human rights framework
Background
Understanding the human rights framework
International human rights framework
International treaty monitoring
The Universal Periodic Review
Scottish Government accountability against international human rights standards
Parliaments' engagement with the United Nation
Conclusion
A Scottish mechanism for implementation, reporting and follow up
Scotland's National Action Plan for human rights
Conclusion
Third sector involvement in UN rights treaty monitoring
Conclusion
European human rights protections
The European Convention on Human Rights
EU Charter of Fundamental Rights
Access to justice for human rights breaches
Routes for legal redress
Roles of inspection, regulatory and complaints bodies
Improving current enforcement and remedies
Conclusion
Incorporation of international human rights law into Scots Law
Alternatives to incorporation
Conclusion
Building a culture of human rights
Embedding human rights across the Scottish Parliament
National human rights institution
The equalities and human rights remit
Conclusion
Permanency of the human rights remit
Conclusion
Human rights scrutiny
Human rights and legislative competence
The Scotland Act 1998
Statements on legislative competence
Conclusion
Availability of human rights information to inform parliamentary scrutiny
Human rights memorandums
Conclusion
Legislative and policy impact assessments
Human rights impact assessment
Conclusion
Joint equalities and human rights impact assesment
Conclusion
Systematic legislative scrutiny
Conclusion
Potential further areas
Implementation of delegated powers
Post-legislative scrutiny
Conclusion
A human rights-based approach to conducting scrutiny
Balancing rights
Human rights-based approaches
Participation and engagement
Conclusion
Childrens and young people's participation
Conclusion
Increasing awareness about human rights
Conclusion
Building capacity
Human rights professional development
Conclusion
Human rights Champions
Conclusion
Implementation and resourcing
Annex A - Gypsy Travellers in Scotland - A Human Rights Case Study
Acronyms used in this Annex
Annex B - Extract from Minutes
Annex C - Glossary of terms and acronyms
Annex D - Written Evidence
Foreword from the Convener
Summary of Key Recommendations
Introduction
Human rights challenges facing Scotland
Leadership in Human Rights
The human rights framework
European human rights protections
Access to justice for human rights breaches
Building a culture of human rights
Human rights scrutiny
A human rights-based approach to conducting scrutiny
Implementation and resourcing
Annex A - Gypsy Travellers in Scotland - A Human Rights Case Study
Annex B - Extract from Minutes
Annex C - Glossary of terms and acronyms
Annex D - Written Evidence
Sources
Image: Foreword from the Convener
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Image: Key recommendations from the report
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Image: Layers of human rights protection in Scotland
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Image: United Nations Human Rights Instruments
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Image: Scottish Human Rights Commission poll
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Image: Chest, Heart and Stroke Scotland
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Image: Who Cares? Scotland
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Equalities and Human Rights Committee 21 June 2018, Gianni Magazzeni (Office of the United Nations High Commissioner for Human Rights), contrib. 2,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11620&c=2104400
Equalities and Human Rights Committee 19 April 2018, Graham O’Neill (Scottish Refugee Council), contrib. 91,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11475&c=2083841
Equalities and Human Rights Committee 10 May 2018, Callum Lynch, contrib. 63,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11531&c=2092719
Equalities and Human Rights Committee 21 June 2018, Rogier Huizenga, contrib. 14,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11620&c=2104412
Equalities and Human Rights Committee 21 June 2018, Rogier Huizenga (Inter-Parliamentary Union), contrib. 4,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11620&c=2104402
Equalities and Human Rights Committee 29 March 2018, Carole Ewart, contrib. 42,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081291
Equalities and Human Rights Committee 29 March 2018, Carole Ewart, contrib. 55,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081304
Equalities and Human Rights Committee 29 March 2018, Dr Boyle, contrib. 15,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081264
Equalities and Human Rights Committee 19 April 2018, Judith Robertson (Scottish Human Rights Commission), contrib. 3,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11475&c=2083753
Equalities and Human Rights Committee 03 May 2018, Professor Miller, contrib. 9,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11512&c=2089804
Equalities and Human Rights Committee 29 March 2018, Professor Kurt Mills (University of Dundee), contrib. 7,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081256
Equalities and Human Rights Committee 19 April 2018, Judith Robertson, contrib. 24,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11475&c=2083774
Equalities and Human Rights Committee 10 May 2018, Angela Constance, contrib. 13,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11531&c=2092669
Equalities and Human Rights Committee 29 March 2018, Carole Ewart, contrib. 76,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081325
Equalities and Human Rights Committee 29 March 2018, Dr Boyle, contrib. 25,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081274
Equalities and Human Rights Committee 26 April 2018, Heather Ford, contrib. 86,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11493&c=2086708
Equalities and Human Rights Committee 29 March 2018, Mhairi Snowden (Human Rights Consortium Scotland), contrib. 44,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081293
Equalities and Human Rights Committee 10 May 2018, Dylan (Children’s Parliament), contrib. 46,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11531&c=2092702
Equalities and Human Rights Committee 29 March 2018, Sanchita Hosali, contrib. 60,
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11460&c=2081309
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