Consortium urges UN Committee to question Government on civil and political rights in Scotland
Consortium urges UN Committee to question Government on civil and political rights in Scotland
In 1976, the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR), committing to upholding fundamental civil and political rights. These rights are things like the freedom to speak your mind, the right to be treated fairly, and the ability to participate in elections.
The United Nations Human Rights Committee regularly checks to make sure countries are implementing the rights that are in the treaty. The UK is currently at Stage 4 of the ICCPR review cycle, where civil society stakeholders can submit reports ahead of the Committee's examination in March 2024. Any organisation can submit reports to inform the Committee.
Organisations are asked to provide evidence that relates specifically to a List of Issues from the Committee. The List of Issues was created way back in 2020 – which gives organisations like ours more of a specific scope to respond to. This is why we have included what we have included within the report. Our report ensures that the UN is best placed to question the UK Government, and the Scottish Government, on areas where they are failing to uphold civil and political rights, through stats, insights, and lived experience of human rights violations.
The timescale for this review was very tight – we only found out the deadline of 5th February on the 18th of December, just a few days short of a two week break! Many thanks to those organisations who very quickly contributed their expertise to the submission.
Here is an overview of the issues that the Consortium highlighted to the UN Committee:
1. Discrimination during COVID-19:
The report highlights concerns about inappropriate application of Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions during the pandemic, disproportionately affecting older and disabled populations. Instances of improper practices, such as unilateral application of DNACPR orders, have raised serious human rights concerns.
2. Preventable Deaths of People with Learning Disabilities:
The report emphasises a 23% increase in deaths from all causes in adults with learning disabilities during the pandemic, revealing broader systemic challenges. Alarmingly, 34% of children's deaths with learning disabilities were deemed preventable. The report calls for immediate action to address these preventable deaths, stressing the right to life and health for people with learning disabilities.
3. Gender Recognition Reform:
The report highlights the challenges faced by the transgender community in Scotland concerning legal gender recognition. Despite the Scottish Parliament passing the Gender Recognition Reform (Scotland) Bill, the UK Government's intervention has prevented its enactment. The report questions the commitment of both the Scottish and UK governments to pass legal gender recognition reform and protect trans rights.
4. Right to Life and Conditions of Detention:
The report delves into significant human rights challenges in Scotland's prison system, addressing high rates of deaths in custody, overcrowded prisons, and the overuse of remand. It calls for urgent action to reduce deaths in custody, improve prison conditions, and address the overuse of remand.
5. Migrants, Refugees, and Asylum Seekers:
The report highlights concerns about the indefinite detention of individuals arriving in the UK by irregular means. It questions the necessity of detention and emphasises the need for alternatives. The report urges the UK Government to introduce a time limit on immigration detention and prioritise alternatives to immigration detention.
6. Access to Justice and Legal Aid:
The report underscores the challenges in accessing effective remedy for human rights violations in Scotland. Barriers to justice, including limited legal aid services and advice, hinder the realisation of human rights. The report urges the Scottish Government to significantly improve access to justice and prioritise legal aid reform.
To read more of the Consortium’s work on this, see our recent reports on Make Human Rights Justice a Reality here, including our 13 calls to action.
7. Fatal Accident Inquiries:
The report expresses concern about delays in the Fatal Accident Inquiries system in Scotland. Delays in holding inquiries have significant consequences for learning from the circumstances of deaths. The report calls for urgent action to review the system of Fatal Accident Inquiries to make it more effective and expedite the inquiry process.
Below is the full list of questions the Consortium has raised with the Committee:
Questions Raised:
- Will the UK and Scottish governments review and amend legislation, ensuring so that it aligns with international human rights standards and protects the right to protest?
- Will the UK and Scottish governments establish robust oversight mechanisms to monitor and evaluate police actions during protests, ensuring accountability and adherence to human rights principles?
- Will the UK and Scottish governments have open dialogue between authorities and activist groups to address concerns, ensuring that legislative changes do not unduly restrict the right to peaceful assembly?
- What will the Scottish Government do to publicise reporting mechanisms more effectively to encourage victims to come forward, and to enhance awareness of what constitutes hate crimes among educational establishments, law enforcement, and support organisations?
- What will the Scottish Government do to prioritise cultural education in schools to foster understanding and appreciation of diverse cultures?
- What action is the Scottish Government taking to ensure that hate crimes against Gypsy Travellers are properly recorded, investigated and prosecuted?
- What action is the Scottish Government taking to tackle misogyny as a hate crime issue?
- Will the Scottish Government update guidance on DNACPR in Scotland to enhance public awareness and confidence in both DNACPR and Anticipatory Care Planning processes?
- Will the Scottish Government implement any recommendations from the ongoing Scottish COVID-19 Inquiry related to DNACPRs?
- Will the Scottish Government do all that it can to pass gender recognition reform and to protect trans rights?
- Will the UK Government pass legal gender recognition reform to ensure that trans people have the right to reflect their identity on official documents with the same ease as everyone else?
- What action is the Scottish Government taking to reduce deaths in custody and to speed up Fatal Accident Inquiries into deaths in custody?
- What is the Scottish Government doing to tackle prison overcrowding and poor prison conditions, including replacing facilities like HMP Barlinnie and adopting a more rehabilitative approach?
- What is the Scottish Government doing to reduce the use of remand and to improve conditions and support for those on remand?
- Will the UK Government introduce a time limit on immigration detention?
- Will the UK Government prioritise the implementation of alternatives to immigration detention?
- Will the Scottish Government significantly improve access to justice in their upcoming human rights law reform, and regularly report on their progress in improving access to justice?
- Will the Scottish Government prioritise reform of Legal Aid, with a consultation published on necessary legislative change in 2024?
- Will the Scottish Government raise the MACR to at least 14 years old?
- Will the Scottish Government commit to legislative change to ensure children can independently exercise the right to withdraw from, or take part in, religious observance in schools?
So, what comes next? On March 11, the Committee will hear oral submissions from civil society, and in the same week, question both the UK and Scottish governments. Following this, the Committee will release recommendations in April 2024. Typically, about two years after the Review, the Committee assesses the government's progress in implementing these recommendations.
Fortunately, the Equality and Human Rights Commission has a human rights tracker highlighting where the UK Government may be falling short in implementing the Committee's recommendations. (NB. No such tracker exists for Scottish Government actions to implement UN recommendations, despite this being recommended by the Scottish Parliament Committee back in 2018.)
This is an important review process for human rights within Scotland and across the UK. The questions highlighted might also be useful for Scottish civil society groups to raise in their influencing work and discussions with decision makers.
You can read our submission in full here.
With thanks to the following organisations for their invaluable contributions to the report:
- JustRight Scotland
- CEMVO Scotland
- Age Scotland
- The Equality Network
- Scottish Youth Parliament
- Howard League Scotland
- Humanist Society Scotland
- Making Rights Real
- Inclusion Scotland
- Scottish Commission for People with Learning Disabilities (SCLD)
For more information about our submission or work around UN monitoring, email lucy@hrcscotland.org
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