Human rights: Capability Building Working Group - terms of reference

Purpose 

The purpose of the working group is to inform and review the Scottish Government’s delivery of human rights capability building activities undertaken by the Scottish Government and others. The group will provide views on good practice activities that support the public sector and others to improve awareness, understanding and practice to advance human rights now, laying the groundwork for new duties in the future via a Human Rights Bill. 

This is intended to be a voluntary, time-limited working group. Membership does not constitute a public appointment.

Context

The 2024 to 2025 Programme for Government reaffirms the Scottish Government’s commitment to strengthening the implementation of human rights – both with a view to improving the realisation of rights now and to lay the groundwork for future introduction of a Human Rights Bill. A draft strategic delivery plan was produced in December 2024 which detailed planned work until March 2026. 

Alongside the further development of Human Rights Bill proposals, this will include advancing actions outlined in Scotland’s second national human rights action plan (SNAP2) which sets out a path for developing Scotland’s human rights culture. The SNAP Leadership Panel’s recent prioritisation exercise identified capability building as a priority action and this will be the primary area of focus for the working group. Activities will draw on the learning of recent incorporation exercises, and in particular the preparatory work done to support the effective implementation of duties in the UNCRC (Incorporation) (Scotland) Act 2024. 

The Scottish Government is developing an Equality and Human Rights Mainstreaming Strategy which will provide a framework so that the Scottish Government and wider public sector can apply a consistent and impactful focus on equality and human rights in everything they do. The Mainstreaming Strategy will set out a framework for action against six identified key drivers of change, one of which is enhancing capability and culture. This working group will seek to support action in a way that is coherent and consistent with this driver and the Strategy. 

In order to undertake this work, the Scottish Government is refreshing its human rights engagement structures and standing groups to ensure they are best suited to support delivery of these priorities and make best use of the collective resources and capacity. As such, the previous engagement structures and standing groups, including the advisory board, Public Sector Leadership Board (formerly known as the Executive Board), and the core and wider implementation working groups, have been brought to a close. This Capability Building Working Group therefore forms part of the new engagement structures and standing groups, though the insights and learning from previous discussions will be carried forward.

Objectives

The objectives of the working group are to: 

• support and promote collaboration in relation to human rights capability building across Scotland
• provide views on the Scottish Government’s long-term human rights capability building objectives
• provide views on priority interventions identified by the Scottish Government that may advance capability building objectives in the period up to May 2026, and receive management updates on delivery. It will look to build awareness, understanding and practice around international treaty standards and concepts proposed through a forthcoming Human Rights Bill, particularly amongst public bodies
• identify gaps in human rights knowledge, skills or practice amongst duty-bearers, civil society and rights-holders, and suggest further interventions that can help to address those in time
• review emerging evidence from Scottish Government and other sources, and support ongoing knowledge exchange

Status and membership

The working group is a voluntary and time-limited group established to deliver the objectives defined at paragraph 7 above. Membership will be drawn from those with expertise of human rights capability building across Scotland. Membership of this working group does not constitute a public appointment. There will be no remuneration, financial or otherwise, for the time of members participating in this working group. Members are selected in recognition that informing the work to develop and deliver human rights capability building is a relevant aspect of their existing work and role for which no additional payment is required. 

Attendance

The working group will be convened by the Scottish Government and chaired by Scottish Government officials. Members are expected to attend meetings (which will usually be conducted via Microsoft Teams) however in exceptional circumstances representatives will be accepted.

Other attendees may be co-opted to attend meetings as considered appropriate on an ad hoc basis, such as to present relevant information, facilitate discussions or similar. 

Additional members and observers can be added to the working wroup to address gaps in the membership, if required, subject to agreement from the Chair.

Observers are invited to attend meetings, participate in writing and during discussions but will not have decision-making or recommendation powers. 

Lived experience 

The working group discussions will be informed by lived experience of human rights issues and implementation. The Scottish Government created a Lived Experience Board comprised of members of the public with experience of facing barriers to accessing their human rights. Over 2022 to 2024, the board produced 14 reports providing personal accounts, reflections, advice, and recommendations on the proposed Human Rights Bill and what they want it to achieve. Insights from these reports in relation to capability building should inform the working group’s discussions and decision-making. To aid this, Scottish Government officials will ensure that relevant material is used in discussions and materials prepared for and by the working group.

Frequency

The working wroup will agree a meeting schedule at their first meeting, likely meeting every two to three months until conclusion of their objectives.

Lifecycle

The working group will conclude its work in March 2026, with the potential to extend this lifetime should the Scottish Government require further engagement against the objectives defined at paragraph 7.

Secretariat 

Secretariat functions will be provided by Scottish Government officials, with papers agreed in advance between the Chair and, where appropriate, other members with an interest in the topic.

Papers will be circulated by the secretariat, with the aim that members have at least one week to review prior to meetings. Members will be encouraged to comment via correspondence between meetings, as appropriate.

Minutes will be taken by the secretariat and issued for clearance prior to the next scheduled meeting. Once approved by the working group, minutes will be uploaded to the Scottish Government website, alongside these terms of reference and a list of members of the working group. 

All papers, documents and other materials developed by or on behalf of the working group will be stored within the Scottish Government’s electronic records and document management system. 

Accountability, reporting and governance

Scottish Government officials will remain accountable to Scottish ministers, in line with normal Civil Service arrangements. Members of the working group will retain their own accountability. 

The working group will comply with the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EIRs). Papers for the meetings will be shared with the Capability Building Working Group members by email. 

The working group will provide insights on an advisory basis. The working group secretariat will provide periodic updates to a Human Rights Oversight Board as well as the SNAP2 Leadership Panel and other stakeholders with an interest in the project as needed. 

Review

The terms of reference will be reviewed and agreed by the working group at their first meeting. 

The terms of reference can be reviewed periodically at the instigation and agreement of the Chair.