Human Rights Bill for Scotland: discussion paper
This discussion paper sets out the Scottish Government’s current thinking on a potential new Human Rights Bill for Scotland.
Annex B - Application of Duties (Treaties)
The below table provides an overview of the application of the duties associated with the incorporated treaties.
Duty | Duty-bearer | Functions | ||
---|---|---|---|---|
Public authorities | Cross-border public authorities | Private actors | ||
ICESCR Consideration (initial) | √ | √ | √ | All devolved functions irrespective of source of the function. |
ICESCR Consideration (after compliance in force) | √ | √ | √ | All devolved functions conferred from UK legislation. |
ICESCR Compliance (minimum standards limb) | √ | √ | √ | All devolved functions conferred by, or under, ASPs, SSIs and common law powers. |
ICESCR Compliance (progressive realisation limb) | √ | √ | X | All devolved functions conferred by, or under, ASPs, SSIs and common law powers. |
Equality | √ | √ | X[63] | Attaches to the same functions as the ICESCR duty being exercised. |
Group Protection | √ | √ | X[64] | All devolved functions irrespective of source of the function. |
Contact
Email: HumanRightsOffice@gov.scot