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

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