Human Rights: Capability Building Working Group minutes - April 2025

Attendees and apologies

Members and deputies

• Audit Scotland
• Care Inspectorate (CI)
• Environmental Rights Centre for Scotland (ERCS)
• Equality Network
• Health and Social Care Alliance
• Human Rights Consortium Scotland (HRCS)
• Improvement Service
• NHS Education for Scotland (NES)
• NHS Healthcare Improvement Scotland
• Poverty Alliance
• Scottish Human Rights Commission (SHRC)
• Scottish Public Services Ombudsman (SPSO)
• Third Sector Human Rights and Equalities (THRE)
• Together (Scottish Alliance for Children’s Rights)
• University of Strathclyde

Scottish Government

• Deputy Director, Human Rights Division
• Officials from the Human Rights Division
• Officials from the Mainstreaming and Inclusion Division

Apologies

• SOLAR
• University of Edinburgh (UoE)
• University of Glasgow (UoG)

Items and actions

Introductions

The Chair welcomed members and noted that the March Capability Building Working Group (CBWG) meeting had been rescheduled due to sequencing with the Human Rights Implementation and Incorporation Oversight Board. The Chair provided an overview of the purpose and key objectives of the CBWG for the benefit of new members and highlighted key details included in the group’s Terms of Reference. All members agreed the Terms of Reference (ToR) and the minute from the previous meeting.

Update from the Human Rights Implementation and Incorporation Oversight Board

Scottish Government (SG) provided an update on the Human Rights Implementation and Incorporation Oversight Board meeting, which took place in March; outlining current membership, and the updated ToR which will be published shortly on the Scottish Government website. Members were advised that the Implementation and Incorporation Oversight Board discussed the four Delivery Plan outcomes, which includes plans to publish a Bill Policy Product consolidating current proposals on the Human Rights Bill, following the 2023 public consultation. Members were advised that the Bill Policy Product will be published before summer recess and will be used to facilitate discussions between SG and stakeholders regarding next steps. Updates on Implementation and Incorporation Oversight Board activity, including discussions of the Bill Policy Product will be provided to the CBWG on a routine basis.

SG provided members with an overview of the new Scottish Government Human Rights Division Newsletter which will be circulated to a key stakeholder network on a routine basis and will include updates on the latest Human Rights Division activity, including details on the upcoming CBWG meeting. Members welcomed the newsletter, noting its benefits, and agreed to share with their respective networks. Members also suggested that the language used could be more accessible.  Officials stated that they will take this on board as an action to address before the next newsletter.

Update from the Improvement Service and NHS Education for Scotland (NES)

Improvement Service and NHS Education for Scotland (NES) provided members with presentations offering an overview of their respective organisational remit and current projects, including the Human Rights Capability Building Project, which they will be taking forward with local authorities and NHS health boards, to embed a human rights based approach now whilst preparing them for the proposed duties under the new Human Rights Bill. Improvement Service and NES outlined the project’s expected outcomes, and how they will be delivered, noting that next steps involve the recruitment of a postholder with relevant expertise to take the work forward, and the development of a core human rights document (produced by SG) to inform the project. Members were asked to share the advertised posts across their networks, when published, and to share any key human rights resources with SG’s Implementation Policy and Practice Team, which the Team will then consider as part of the development of a ‘Core Concepts’ document that would help to inform the resources and material that Improvement Service and NES would develop further down the line. Members were also advised that the project is intended to have a collaborative approach, and that they will be provided with regular updates and opportunities to input.

The Health and Social Care Alliance (the Alliance) noted interest in the project, highlighting the Alliance’s human rights training currently being developed, and suggesting the Improvement Service and NES also explore Homelessness Network Scotland’s human rights training programme. Members noted the United Nations website as a useful resource for human rights guidance materials and tools which are specifically designed for public sector bodies.

Members highlighted the importance of learning from UNCRC Incorporation (Scotland) Act implementation, noting that capability building began far in advance and helped to engage relevant stakeholders. It was also noted that duties within the proposed Human Rights Bill are currently not known, and that encouraging stakeholders who operate in difficult circumstances to initially focus on existing best practice, as opposed to future legal duties, would be beneficial. Members welcomed the identification of challenges to delivery highlighted by NES and added that discussions with practitioners in social care partnerships has indicated towards barriers from senior leaders regarding human rights championing. Members added that the public funding crisis should also not be a barrier to human rights work, highlighting that existing practice is already equality and human rights focussed, and should be framed accordingly.

Members asked Improvement Service and NES for clarity on the current project plans, including the proposed objectives, and how and when members will be able contribute. Members were advised that the final project plans will be shared with the Group for comment once recruitment has been completed. Members suggested that research on existing capability building initiatives, including what has been successful and where there are any gaps, would be useful before the project begins.

Members welcomed the project update but noted the importance of building confidence in talking proactively about human rights for the benefit of sharing knowledge and re-framing understanding. A potential gap in the awareness of current human rights and mainstreaming activity is that public bodies are already undertaking work to deliver on people’s human rights through NHS services. Members noted framing difficulties experienced with the implementation of the UNCRC Incorporation (Scotland) Act, citing conflicting complexities with engagement and conflicting requirements, alongside fewer staff members and no legislation. ERCS also noted the need to consider employees as rights holders themselves, as well as those who will need to take a rights-based approach int the delivery of services.

Members discussed the availability of existing human rights resources maps which could be used to support the Human Rights Capability Building project, and willingness/capacity from public sector stakeholders to work with Improvement Service and NES to develop new material. Members also discussed the identification of levers which could help ensure buy-in from stakeholders. Members stressed the importance of ensuring that the ‘Core Concepts’ document covers the relevant information and suggested that the CBWG should play an active role in the development of such a document, allowing members to provide direct input. Officials confirmed that they will take this on board. Audit Scotland noted that culture change is important in ensuring that leaders are disseminating key messages on a human rights-based approach, adding that frontline staff are currently not aware of specific rights (as highlighted in the recent Alcohol and Drugs Services report). Members noted that priority areas for human rights intervention are difficult to define, and highlighted existing good practice by medical student arranging firsthand conversations with people with substance use problems to develop understanding and break down barriers.

Equality and Human Rights Fund

Scottish Government provided members with an overview of the Equality and Human Rights Fund (administered by Inspiring Scotland to promote equality and human rights, in line with relevant Scottish Government strategies, across the third sector); inviting members; views on options currently being considered to align and advance current human rights capability building activity in this area.

Third Sector Human Rights and Equalities

Third Sector Human Rights and Equalities (THRE), funded by the Equality and Human Rights Fund, provided members with an overview of their work as a Scotland-wide project focused on mainstreaming human rights across the Scottish third sector.

NES welcomed the overview from THRE and noted the potential for transferable learning to the Human Rights Capability Building Project and other sectors.

Any Other Business

Members were thanked for their input during the meeting and were reminded to share any relevant training and resources that would be useful as part of the Human Rights Capability Building Project ‘Core Concepts’ document. It was noted that the next meeting will be scheduled for a date to be confirmed.