Human rights: a call to action

Scotland has made significant inroads towards integrating human rights in its governance. Our institutional and legal framework has much to recommend it in the protection of human rights. Our Parliament is often said to have human rights “in its DNA”, and there are numerous examples of rights-based laws as a consequence. Likewise, Government and other public authorities are increasingly adopting a human rights based approach to policy and practice.

Nevertheless, a research review published by the Scottish Human Rights Commission suggests there are many areas in which we could and should do better. The report, Getting it Right? Human Rights in Scotland, synthesises findings from a three-year programme of research. It summarises research and policy responses which indicate potential gaps in the realisation of human rights in access to justice and the right to an effective remedy, but also in areas as diverse as housing, health and living in detention.

Could do better

Overall, the Commission finds cause for optimism but not for complacency. In particular it notes gaps in translating a positive legal, institutional and policy framework into consistent practice.

The chapter on access to justice and the right to an effective remedy, for example, points to access to legal advice and legal aid, juvenile justice, criminal procedure, the duty of effective investigations, victims’ rights and the right to a remedy. It notes questions raised at some of the steps introduced in legislation which followed the Cadder decision and in response to the subsequent Carloway review. It highlights potential barriers to accessing justice for those unable to secure legal aid, for disadvantaged groups and for survivors of historic abuse. Further areas raised include the appropriateness of the disclosure regime and of the current investigations mechanisms which operate in Scotland. The report also suggests that the opportunities to harness the human rights framework to recognise and realise the rights of victims of crimes and human rights abuses have yet to be fulfilled.

To bridge the gap between law, policy and practice, and to ensure and not assume that human rights are consistently upheld in day-to-day life, the Commission believes that Scotland needs a National Action Plan for Human Rights. This would be an evidence-based roadmap for the realisation of all human rights, developed with the inclusion of rights holders as well as duty bearers and which sets out realistic steps to address gaps and replicate good practices. It would be the first such plan anywhere in the UK.

Broad support

Developing a plan for the realisation of all human rights will see Scotland’s vision for human rights clearly anchored to international best practice, in stark contrast to the retrogressive and reactionary approach being promoted by elements of the UK Government. Experience of Nordic and Commonwealth countries, including Finland, Sweden, Australia and New Zealand, has shown that national action plans can play an important role in advancing the realisation of human rights across diverse areas of policy and practice. The Commission is convinced that a national action plan can play an important role in embedding a human rights culture across Scottish governance and reality.

The United Nations High Commissioner for Human Rights and the Council of Europe Commissioner for Human Rights agree, and both endorsed the steps which Scotland is taking. So far we have secured support in principle from the Scottish Government, the Convention of Scottish Local Authorities, the Scottish Council of Voluntary Organisations, and a host of prominent individuals from different fields who have agreed to sit on an advisory council.

Making this process a success will however require the involvement of a wide range of public and private bodies as well as civil society across Scotland. The Scottish legal community too has an important role to play in ensuring the correct identification of gaps and of principled, pragmatic and achievable steps to address those gaps.

Get involved

Over the coming months the Commission invites everyone with an interest in the promotion and protection of human rights to become involved, answering two key questions:

1. Based on the evidence presented in the report Getting it right? Human rights in Scotland, or your own experience, what do you consider to be the most urgent human rights issues that should be addressed in Scotland’s National Action Plan for Human Rights?
2. What specific and achievable actions do you consider would best address the concerns you identify in your response to question 1?

You can get involved in shaping Scotland’s National Action Plan for Human Rights until 29 March 2013 – www.scottishhumanrights.com/actionplan