All human beings are entitled to basic rights and freedoms. We want to create an inclusive Scotland that protects, respects and fulfils internationally recognised human rights.
Actions
We:
- will introduce a new Human Rights Bill during the 2023/24 parliamentary year. The proposed Bill will seek to incorporate four United Nations Human Rights treaties into Scots Law, within the limits of devolved competence. The Bill’s public consultation ran from 15 June to 05 October 2023
- are embedding human rights into the day-to-day business of government
- are working to fulfil our international obligations and contribute via the United Nations and Council of Europe
- are protecting human rights by opposing the UK Government’s proposals to replace the Human Rights Act with a 'British Bill of Rights'
- promote human rights internationally by working with other countries
- are implementing the UN Guiding Principles on Business and Human Rights
- recognise, respect and promote children's rights across Scotland
- lead by example in human rights, including economic, social, cultural and environmental rights
Background
Human rights is a subject devolved to Scotland by the Scotland Act 1998. The Scottish Parliament also has competence to observe and implement international human rights treaties. We work within that legal framework.
In Scotland, civil and political rights are protected by the Human Rights Act 1998 and provisions in the Scotland Act 1998. These rights come from the European Convention on Human Rights (ECHR).
Other rights are also recognised under international treaties which apply to Scotland. These are mainly economic, social and cultural rights. They include rights relating to employment, housing, health, education and adequate standards of living.
The European Union also guarantees the rights of people in Scotland in areas where EU law applies. These laws cover civil, political, economic, social and cultural rights.
The Scottish Ministerial Code is clear that Ministers must comply with the law, including international law and human rights treaty obligations.
Bills and legislation
Human Rights Bill
The Human Rights Bill proposes to incorporate four international treaties into Scots Law, within the limits of devolved competence. These are:
- The International Covenant on Economic, Social and Cultural Rights (ICESCR)
- The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
- The Convention on the Rights of Persons with Disabilities (CRPD)
The Human Rights Bill will also seek to include and recognise the right to a healthy environment and will be designed to make sure the rights it sets out are available to everyone equally.
Consultation
We consulted on proposals for a new Human Rights Bill between 15 June and 5 October 2023. Almost 400 responses were received that will be carefully analysed to help inform development of a new Human Rights Bill for Scotland. A report of the analysis will be published in due course.
Consultation documents
- read the consultation
- read a summary of the consultation
- read an easy read version of the consultation
- hear an audio version of the consultation
- hear an audio version of a summary of the consultation
- view a BSL version of the consultation
- read the Gaelic translation of the consultation
- read the Gaelic translation of the consultation guide
- read the facilitator's guide to the consultation
Engagement
We continue to engage with stakeholders to develop the Bill. In addition to policy specific workshops we set up the following forums:
- Human Rights Bill Advisory Board
- Human Rights Bill Executive Board
- Human Rights Bill Lived Experience Boards
More information
For more information, please contact us.
Email: HumanRightsOffice@gov.scot
Post:
Human Rights Strategy and Legislation Unit
Directorate for Equality, Inclusion and Human Rights
Scottish Government
Area 3H North
Victoria Quay
Edinburgh
EH6 6QQ
Legislation
The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law. It means that public organisations, such as the government, councils and the police, must protect and abide by human rights. If human rights have been breached, cases can be taken to UK courts.
The Scotland Act 1998 ensures that laws passed by the Scottish Parliament can be challenged and overturned by the courts if they are not compatible with rights identified in the ECHR. Scottish Government Ministers have 'no power to act' in a way that breaches these ECHR rights.
The Scottish Commission for Human Rights Act 2006 created the Scottish Human Rights Commission (SHRC). The SHRC is an independent public body that promotes and protects the human rights of everyone in Scotland.
Scotland's approach to human rights is also governed by international law. This has developed since the United Nations adopted the Universal Declaration of Human Rights in 1948. Seven major UN human rights treaties, along with eight Council of Europe human rights treaties, currently apply to Scotland.
Contact
Email: ceu@gov.scot
Telephone: 0300 244 4000 - Central Enquiry Unit
Post:
Scottish Government
Human Rights
Directorate for Equality, Inclusion and Human Rights
Victoria Quay
Edinburgh
EH6 6QQ