Publication - Strategy/plan

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.

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