Human Rights Incorporation in Scotland

The Scottish Government has committed to introducing a new Human Rights Bill for Scotland. This Bill would incorporate 4 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)
• Official Scottish Government Announcement

The Consortium is dedicated to ensuring that the Scottish Government takes a maximalist approach, incorporating these treaties to their fullest and most direct extent.

Incorporating Human Rights in Scotland Resources

About incorporation

• 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

Incorporating the UN Convention on the Rights of the Child

• United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill– the Bill which, if passed, will incorporate the UN CRC into Scots Law, September 2020
• Stage 1 Consultation- Published Responses– the published responses to the Equality and Human Rights Committee’s call for views on the Bill, October 2020
• Stage 1 Consultation- Published Responses from Children and Young People– the responses of children and young people to the Equality and Human Rights Committee’s call for views on the Bill, October 2020
• Additional information and resources– the Consortium webpage providing more information and resources on the incorporation of the UN CRC

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 and Briefings

• 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
• 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

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

Academic Papers

• 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

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