Foundation calls for better human rights protection in Scotland

Scotland needs to do better to respect, protect and fulfil human rights across the devolved functions, according to a policy paper published today by the Jimmy Reid Foundation, which campaigns for a more "progressive" Scotland.

The paper, by Carole Ewart, claims that although the Scottish Government explicitly supports the Human Rights Act and the European Convention against UK Government plans to replace the Act with a British Bill of Rights, "the real problem remains the failure of ‘duty bearers’, i.e. the public sector and those providing services of a public nature, to comply with existing human rights obligations".

While describing the Scotland’s National Action Plan on Human Rights, devised by the Scottish Human Rights Commission, as a "welcome development", it argues that after two years of delivery, it is time to change the delivery mode from persuasive to compulsion supported by funding.

With the majority of the population considering that human rights are of little relevance to their everyday lives, the paper wants ministers to be proactive in ensuring that the 10,000+ public services in Scotland fulfil their existing obligations to comply with the ECHR as well as international law. "The model of the Charter of Rights in the State of Victoria, Australia, should be considered."

In addition, the Scottish Parliament should entrench its commitment to human rights by setting up a Human Rights Committee to provide scrutiny of all bills, inquiries etc. and ensure a focus on the impact on human rights. In particular the current human rights inquiry being undertaken by the European & External Affairs Committee should focus on duty bearers’ compliance with existing human rights obligations, which are 18 years old.

Ms Ewart commented: “Although human rights are to be included in the National Performance Framework, there is a fear that it will fail to deliver a prompt impact, and promises to consult on extending our list of human rights will serve as a distraction from the main problem of delivery and delay positive action further.”

She claimed: “Applying human rights equally and fairly can address urgent issues including poverty, poor care for elderly people and unfair employment practices. Scotland must now take deliberate, concrete and measurable steps to comply with existing human rights law, address the reputational damage which has led to people regarding human rights as weak, owned by a minority and of little relevance, and focus on enforcement action which makes Scotland a model of best practice.

In the longer term, the paper wants the people of Scotland to be consulted on what further rights they would like to see enforceable in domestic courts, particularly economic and social rights.