Scottish government ignoring civil and political rights, UN told
The Scottish Human Rights Commission has told the United Nations it is concerned about the progress of civil and political rights in Scotland, highlighting issues with access to justice for human rights violations; and conditions in places of detention.
In its evidence it highlighted systemic failure to implement long outstanding recommendations on deaths in custody, the use of remand, and mental health support in Scottish prisons and other places of detention.
On access to justice, the commission noted structural problems with the criminal justice system. In particular, the availability of legal aid; practical challenges being experienced in the courts system; and time limits for judicial review, which make it difficult for people to challenge potential human rights violations.
The UN Human Rights Committee is assessing the UK’s progress in fulfilling the rights contained in the International Covenant on Civil and Political Rights (ICCPR).
The UK ratified ICCPR in 1976. It commits states to protect the fundamental civil and political rights of all individuals, including the right to life; liberty; fair trial; freedom of thought, religion and expression; and freedom from torture and other cruel, inhuman or degrading treatment or punishment.
Jan Savage, executive director of the Scottish Human Rights Commission, said: “It is clear that whilst good work is ongoing in Scotland to develop a stronger legal framework around economic, social and cultural rights via the proposed Human Rights Bill, progress on civil and political rights must not be forgotten.
“Indeed, our findings highlight some significant areas of concern, and systemic lack of progress on known challenges.
“The Scottish government urgently needs to take action to implement its own long outstanding recommendations to improve conditions across the prison estate; and take all measures necessary to ensure it meets international human rights standards, including protecting the right to life, and remedy when things go wrong.
“More generally, many issues are undermining individual rights to access justice across court and non-court routes. These include challenges in the legal aid system, and the functioning of the Fatal Accident Inquiry system.
“We also report concerns in respect of the civil and political rights of particular groups of people, including disabled people, people from within the Gypsy/Traveller community and migrants, refugees and asylum seekers.
“The commission will continue to place a priority focus on these concerns in our own ongoing work to independently monitor state compliance with civil and political rights in Scotland.”