Professor Angela O'Hagan

Scotland’s human rights watchdog has published its State of the Nation 2024 report – its first comprehensive annual review of how Scotland is performing on human rights – to coincide with Human Rights Day.

The report collates findings from across the Commission’s work on spotlight projects and international treaty monitoring.

This year, the report provides a picture of the state of civil and political rights in Scotland from 2023-24. The report to Parliament will focus on a different set of rights each year.

The report examines the extent to which 14 civil and political rights are being adequately upheld for all people in Scotland.

It provides a snapshot over the past year of a range of issues causing concern to people’s rights as protected by the Human Rights Act 1998, including access to justice; privacy; freedom of expression and the right to live free from torture, inhuman and degrading treatment.

It finds that access to justice remains challenging due to a complex and costly legal system and that the prison system in Scotland is straining beyond capacity with significant risks for people’s safety, dignity and right to life.

It also highlights emerging evidence concerning the right for people with learning disabilities to live independently, rather than locked into institutions.

The findings are drawn from the Commission’s human rights monitoring work over 2023-24, including its Spotlight projects, and its reporting to international human rights bodies within the United Nations and Council of Europe.

Professor Angela O’Hagan, chair of the Commission, said: “This Human Rights Day, the Commission is presenting its first State of the Nation report to the Scottish Parliament. Focusing on the realities of civil and political rights, our evidence supports MSPs to recognise Parliament’s accountability for delivering rights for all in Scotland.

“Our report highlights concerns around access to justice in Scotland, including chronic challenges in the legal aid system, failure to implement recommendations to protect the right to life in prisons, and emerging evidence concerning the right for people with learning disabilities to live independently, rather than locked into institutions.

“The issues outlined are in breach of Scotland’s international human rights obligations and should be remedied. They are also very real. From overcrowded prisons to the cost of living and its additional impact on disabled people, many people’s rights are not being realised.

“As Scotland’s national human rights institution, the Commission is uniquely placed to take this big picture view of human rights, the gaps and progress. We ask the Scottish Parliament, the Scottish government and other public bodies to recognise and act to address these areas of concern, many of which have existed for years, and realise rights for everyone in Scotland.”