Human Rights Incorporation in Scotland

In March 2021, the Scottish Parliament unanimously passed the UNCRC (Incorporation) (Scotland) Bill, to put the children’s rights convention directly into Scots law. However, the Bill was challenged by the UK Government at the Supreme Court, and the Bill is currently being re-written in line with the ruling.

The Scottish Government has now committed to introducing a new Human Rights Bill for Scotland. This Bill will incorporate 4 more major United Nations human rights treaties. These treaties are:

• The International Covenant on Economic, Social and Cultural Rights
• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
• The Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• The Convention on the Rights of Persons with Disabilities (CRPD)

The Bill will also include the right to a healthy environment, as well as rights for older people and LGBTi people.

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What’s happening now?

• We expect a Scottish Government consultation on what should be in the Bill sometime in the first half of 2023.
• The Government has committed to passing the Bill by May 2025.
• A group of civil society organisations has written a letter to the First Minister expressing our concern about the delays to the consultation, which was initially promised in spring 2022. Click here to read our letter
• The Scottish Government responded to our letter, addressing some of our concerns. Click here to read the Scottish Government’s response
• We plan to write back to ask for further clarification on resources, timetables and the importance of implementation of the Bill.
• A Human Rights Bill Governance and Engagement Advisory Board has been set up by the Government. This meets approx. every 2 months to be a sounding board and provide advice to the team who are writing the Bill. The Consortium is a member of this Board. Details of all the members and minutes of meetings are available here.
• There is also an Executive Board to advise on the Human Rights Bill. Read who is on this and minutes of meetings here.
• The Cabinet Secretary Shona Robison MSP gave an update on next steps to develop the Bill at a Consortium event in October 2021. You can read her speech here.

The Human Rights Bill Lived Experience Board

• In order to ensure that the Bill is informed by the experiences of ordinary people, particularly those who have experience of their rights being threatened, the Government has funded the Consortium to facilitate a Lived Experience Board, which has been meeting since February 2022 to discuss specific aspects of the Bill.
• You can read the reports from the first block of Lived Experience Board meetings in long, short, audio and EasyRead formats here.
• You can read the reports from the second block of Lived Experience Board meetings in long, short, audio and EasyRead formats here.
• Another Lived Experience Board is being facilitated by the Scottish Commission for People with Learning Disabilities. You can learn about it here

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Incorporation of International Human Rights Briefing Series

Written By Prof Nicole Busby and Dr Kasey McCall-Smith, these briefings give a helpful outline of content of treaties and rights:

• The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
• The UN International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
• The UN Convention on the Rights of Persons with Disabilities (UNCRPD)
• The International Covenant on Economic, Social and Cultural Rights (ICESCR)
• The Right to Social Security
• The Right to Take Part in Cultural Life
• The Right to Health
• The Right to an Adequate Standard of Living

About incorporation

• Official Scottish Government Announcement on their commitment to introduce a new Human Rights Bill.
• Incorporating Human Rights in Scotland– a project from the University of Edinburgh, bringing academic research together with civil society expertise to develop a framework for best practice on incorporation.
• International human rights law – a summary– a basic summary of international human rights law from the University of Edinburgh
• What is incorporation?– a basic summary of incorporation from the University of Edinburgh
• Different models of incorporation– a summary of various models of incorporation from the University of Edinburgh
• Timeline of human rights in Scotland and the United Kingdom– a basic timeline of the development of human rights in Scotland and the UK, from the University of Edinburgh

Incorporating Human Rights in Scotland: EasyRead Resources

• International human rights – a summary– EasyRead version
• What is incorporation?– EasyRead version
• Timeline of human rights in Scotland and the United Kingdom – EasyRead version
• Right to Social Security Briefing– EasyRead version
• Women’s Rights Briefing– EasyRead version

The National Taskforce for Human Rights Leadership

• The National Taskforce was made up of members of the public sector and civil society. Its role was to establish a statutory framework for the incorporation of many international human rights treaties into domestic law. It published its final recommendations for this new law to the Scottish Government in March 2021.
• The National Taskforce for Human Rights Leadership- Overview
• The National Taskforce for Human Rights Leadership- Final Report

Reports, Briefings and Blogs

• Blog: The right to cultural life (and why it’s all about dignity, really)– a blog from Mhairi Snowden, Director of the Consortium, about the right to cultural life
• If not now, when? Social Renewal Advisory Board report: January 2021– a report from the Social Renewal Advisory Board on its proposals for social renewal following the Covid-19 pandemic.
• Incorporating International Human Rights: Putting independent advocacy at the heart of the new human rights statutory framework in Scotland– a briefing from the Consortium and the Scottish Independent Advocacy Alliance
• Features of an Act of Parliament to incorporate international human rights into Scots Law– a briefing by the Civil Society Working Group on Incorporation
• Just Fair celebrates Scotland’s commitment to enshrining economic, social and cultural rights– an article from Just Fair welcoming the Scottish Government’s commitment to a new human rights law
• More rights, better food– a blog from Pete Richie at Nourish Scotland about the potential impact of incorporation on food security
• Incorporating International Human Rights: How the human right to a healthy environment advances the rights of disabled people– a joint briefing from the Environmental Rights Centre for Scotland and Inclusion Scotland, September 2021

Infographics

• A summary of international human rights law– infographic on international human rights law, produced by the University of Edinburgh
• What and why of incorporation– infographic explaining the basics of incorporation, produced by the University of Edinburgh
• Different types of incorporation– infographic exploring the different ways in which countries can incorporate international human rights law
• A timeline of human rights in the UK– infographic with a basic timeline of laws which protect human rights in the UK
  

Quick International Case Studies

• Case study- Iceland
• Case study- Norway
• Case study- South Africa
• Case study- Switzerland

Academic Papers

• Incorporating International Human Rights: The right to cultural life in Scotland– a paper by Dr Elaine Webster, Dr Lynsey Mitchell and Dr Diana Camps, on the incorporation of the right to cultural life
• Integrated Implementation of Scotland’s New Human Rights Framework– a paper by the University of Strathclyde’s Centre for the Study of Human Rights Law on the implementation of the new human rights law
• Incorporating International Human Rights in a Devolved Context– a paper by Dr Kasey McCall-Smith on incorporation of human rights in Scotland
• Incorporating Human Rights in Scotland: Best Practice Framework from International Examples– a paper from the University of Edinburgh which uses international examples to identify a best practice framework for incorporation in Scotland
• Realising international human rights: Scotland on the global stage– a paper by Jo Ferrie, Rebecca Wallace and Elaine Webster on Scotland’s approach to human rights in an international context
  

Videos

• What is incorporation and why does it matter?– a training session given by Dr Kasey McCall-Smith on the basics of human rights incorporation
• Incorporation in context: Lessons from other countries– a training session given by Sofie Quist and Veronica Luhtanen on what Scotland can learn from incorporation in other countries.
• Why do you support human rights incorporation?– Dr Elaine Webster from the University of Strathclyde explains why she supports the incorporation of human rights treaties into Scots law
• Why do you support human rights incorporation?– Heather Fisken from Inclusion Scotland explains why she supports the incorporation of human rights treaties into Scots law
• Why do you support human rights incorporation?– Juliet Harris from Together explains why she supports the incorporation of human rights treaties into Scots law
• Why do you support human rights incorporation?– Clare MacGillivray from Making Rights Real explains why she supports the incorporation of human rights treaties into Scots law
• Why do you support human rights incorporation?– Vhairi Tollan from Scottish Environment LINK explains why she supports the incorporation of human rights treaties into Scots law
• Why do you support human rights incorporation?– Mhairi Snowden from the Consortium explains why she supports the incorporation of human rights treaties into Scots law

Podcasts

• Build forward better: why funding human rights matters– a podcast explaining why incorporation of human rights should be a priority for civil society funders.

All Our Rights in Law

• All Our Rights in Law was a public participation programme, set up by the Human Rights Consortium Scotland and the Scottish Human Rights Commission in November 2020.
• Its goal was to facilitate discussions around a new human rights law for Scotland, and report to the National Taskforce (see above) on what ordinary people think about human rights incorporation.
• A wide variety of civil society organisations engaged with All Our Rights in Law, and held discussions with rights-holders.
• Click here to find out more about All Our Rights in Law
• Click here to read the final report from the project
• Click here to read the Easy Read report
• Click here to read the 1-page summary
• Click here to read participants’ final messages to the Scottish Government
• Click here to watch a video (with BSL interpretation) on the key findings of All Our Rights in Law