Getting Rights Right: Human Rights and the Scottish Parliament

PDF 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
Sources

Eleanor Roosevelt, 1948 Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.Eleanor Roosevelt, speech to the United Nations, 1948

Image: Foreword from the Convener

A map setting out key recommendations for various bodies.

Image: Key recommendations from the report

A diagram showing how the overlap between the European Union charter of fundamental rights 2009 and the council of Europe European convention on human rights 1950 and the UK governments human rights act 1998

Image: Layers of human rights protection in Scotland

Image: United Nations Human Rights Instruments

42% agree with positive statements about human rights and disagree with negative statements. 30% agree with both positive and negative statements about human rights. 13% agree with negative statements and disagree with positive. 14% didn't previously hold firm views on statements about human rights.

Image: Scottish Human Rights Commission poll

Human rights remind us we are working with people and their lives - not just a condition, not a policy, not a statistic, not just a problem to be solved. They matter because they protect us from the worst that we can do to one another - and highlight the joy and positive impact we can have. Human rights illuminate and respect and humanity we can show each other.

Image: Chest, Heart and Stroke Scotland

Human rights are children's rights, and children's rights re human rights

Image: Who Cares? Scotland

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

Last Updated: 20/2 1:14am