Jan Savage

The commission has set out its position on the proposed Human Rights Bill in a series of three reports launched today.

This ‘Incorporation Series’ includes the commission’s consultation response to the Scottish government, a process which seeks to incorporate international human rights directly into Scots law.

The devolved legislative context for human rights incorporation in the UK is technically complex. The UK government’s legal challenge to the UN Convention of the Child (UNCRC) (Incorporation) (Scotland) Bill and subsequent Supreme Court judgment has an impact on the approach taken with this bill.

The consultation response explains that there are a number of models for incorporating international human rights treaties into domestic legal systems, besides the ‘direct’ approach to incorporation as proposed by the Scottish government’s Human Rights Bill.

The commission strongly recommends that further analysis is required to identify the strengths and challenges of different models to avoid weakening of protections. It also calls for transparency on the engagement between the Scottish and UK governments around the competence of the proposed bill as it develops to avoid unnecessary delays.

The second report ‘Towards a Model of Incorporation’ includes a legal opinion, prepared for the commission by independent senior legal counsel on building human rights protections within a devolved setting.

The third report recommends new powers for the commission to protect and promote the human rights of people in Scotland. The commission highlights that Scotland is the only country in the UK where its national human rights institution is unable to undertake investigations, to provide advice to individuals, or to raise legal proceedings in its own name in respect of human rights violations.

Jan Savage, executive director, of the Scottish Human Rights Commission, said: “Having advocated for a new legal framework for over a decade, the commission welcomes the Scottish government’s proposals for a Human Rights Bill. We believe these provide a significant milestone towards a framework for stronger human rights protection in Scotland.

“However, the context in which this legislation is proposed is significantly different than it was years ago when the ambition of the bill was first explored by the Scottish government. Uncertainty over the scope for stronger legal protection for human rights in the devolved context must be brought to a close.

“Regardless which approach is ultimately pursued; the Scottish and UK governments must deliver more effective communication and collaboration in their engagement regarding incorporation so that the progressive development of human rights protection in Scotland is not unnecessarily undermined or delayed.”