Consultation launched on plans to enshrine international human rights into Scottish law for the first time

Making human rights enforceable in Scots law is the right thing to do to reduce inequality, increase opportunity and tackle poverty, says Social Justice Secretary

The Scottish Government has launched a consultation on plans to enshrine international human rights – including the right to health and an adequate standard of living – into Scottish law for the first time.

Part of a forthcoming Human Rights Bill, the Scottish Government says that the proposals look to reduce inequality and would place a broader range of human rights at the centre of how Scotland’s frontline public services are delivered, as well as its policy and law making processes.

NB – the Human Rights Bill proposes to incorporate four UN human rights treaties into Scots law –

• the International Covenant on Economic, Social and Cultural Rights;
• the International Convention on the Elimination of All Forms of Racial Discrimination;
• the Convention on the Elimination of All Forms of Discrimination against Women; and
• the Convention on the Rights of Persons with Disabilities.

In addition to seeking views in relation to the incorporation of the treaties, the consultation is also looking for feedback on proposals designed to help people seek justice where their rights are not upheld. For example the consultation asks for view on the most effective ways of supporting advocacy and/or advice services to help rights-holders realise their rights under the Bill, and whether existing judicial remedies are sufficient in delivering effective remedy for rights-holders.

Social Justice Secretary Shirley-Anne Somerville said today –

'Human rights are the basic rights and freedoms that belong to everyone.

Our ambitious proposals will protect and promote these rights in every aspect of life in Scotland – from government and parliament through to the everyday interactions people have with frontline services – and ensure they apply equally across society.

Making these rights enforceable in Scots law, within the limits of devolution, is the right thing to do – particularly for a country striving to reduce inequality, increase opportunity and tackle poverty.

I would encourage people to share their views on the detailed proposals through our consultation and help to make human rights real for everybody.'

The Human Rights Bill consultation will run for 16 weeks and close on 5 October 2023.

For more information, see Human Rights Bill consultation: Incorporating United Nations treaties into domestic law from gov.scot