By Helen Flynn, Head of Policy, Research and Campaigns at Just Fair
On Thursday 15 June the Scottish Government published its consultation on the new Human Rights (Scotland) Bill. We believe the Bill could have very important implications for the human rights landscape across the UK.
Below we explore what the Bill proposes, what impact it could have, implications for the rest of the UK and why we are encouraging groups and individuals to get involved in the consultation process.
The content of the Bill
The consultation lays out that the Bill will seek to:
- Incorporate into Scots law, within the limits of devolved competence: The International Covenant on Economic, Social and Cultural Rights (ICESCR); The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); The Convention on the Rights of Persons with Disabilities (CRPD); The International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).
- Recognise and include the right to a healthy environment.
- Ensure the rights are incorporated in a way which guarantees they can be enjoyed and accessed by everyone without discrimination.
- Provide a clear set of duties for public bodies (including, so far as possible, private actors) carrying out devolved public functions in Scotland in relation to the rights of the Bill.
- Create and promote a multi-institutional approach.
- Ensure there are routes to remedy available.
A new Scotland – potential positive impacts
The Bill could have hugely positive impacts for people across Scotland. Indeed, the Bill, if delivered effectively (including with proper enforcement powers), will make a direct difference to people in Scotland, ensuring that human rights are at the centre of all decisions duty-bearers make, and if this isn’t done, remedies are available.
This change could be transformational, building a culture where human rights are at the basis of decision making across public life in Scotland.
Learning from Scotland – potential implications for the rest of the UK
The work within Scotland to better realise rights through legislation is not only a refreshing change from the seemingly constant onslaught against rights at the Westminster level, but an important opportunity to change the trajectory of rights across the UK.
What happens in one part of the UK influences other parts. The Bill represents an important move to bring our ESCR home in Scotland; providing the rest of the UK with a roadmap and real example for how to do it, and the benefits of this approach.
The Bill allows us to show a different way is possible, one where we do not just try to shore up and protect our existing rights framework but start having wider conversations about all the rights we need in our domestic law to ensure everyone in the UK can thrive and lead a life of dignity.
Get involved in the consultation on the Bill
We are working with our colleagues at the Human Rights Consortium Scotland to encourage and support groups and individuals across the UK to respond to the consultation.
This is such an important moment not only for people within Scotland, but for human rights across the UK. Another way is possible and within our reach.
- Look out for guidance from the Human Rights Consortium Scotland, due to be published by the end of July.
- Join our workshop on Thursday 7 September from 14:00-16:00 for civil society organisations and activists.
