ALLIANCE response to the Independent Human Rights Act Review

Any changes to the HRA must be progressive and enhance the protections that are currently offered.

The ALLIANCE has submitted a response to the Independent Human Rights Act Review (IHRAR) Call for Evidence (this link will take you away from our website). The ALLIANCE is also a co-signatory of the response submitted by the Human Rights Consortium Scotland (HRCS), of which we are an active member. The review will consider how the Human Rights Act 1998 (HRA) is working in practice and whether any change is needed.

Since its enactment, the HRA has had a powerful and dynamic impact on the lives of everyday people, extending beyond the courtroom. The response reflects on the distinctive Scottish position on human rights and provides practical examples of how the HRA and the European Convention on Human Rights (ECHR) has informed the work of the ALLIANCE and generated positive developments in legislation, policy and practice relating to health and social care.

Changes to human rights legislation at a UK level would have a direct impact on the lives of people in Scotland. From a Scottish perspective, there is substantial concern about the extent to which a review of the HRA could impact upon the ongoing human rights work and commitments to international conventions across the Scottish policy landscape. To protect, uphold and fulfil the rights of disabled people, people living with long term conditions and unpaid carers, it is vital that the journey towards embedding human rights is not disturbed, or the progress that has already been made become undone.

The ALLIANCE calls for the operation of the HRA to be strengthened to ensure it links in the best way possible to the work that we are currently undertaking in Scotland. We believe that the HRA, in its current form, should not be diluted. Any changes to the HRA must be progressive and enhance the protections that are currently offered, not regressive. We urge the UK Government to prioritise meaningful human rights leadership to ensure that the rights that we currently have are respected, protected, and fulfilled.

You can read our full response via the link below.

Updated following HRCS formally lodging the joint submission:

The HRCS published the joint submission on their website on the 4th of March (this link will take you away from our website). This submission highlighted the ongoing commitment of Scottish Civil Society to the four principles of the Scotland Declaration on Human Rights which has been signed by over 200 organisations:

• No going back by reducing protections for anyone.
• Progression of human rights standards over time.
• Transparency of any changes to existing rights.
• Participation in realisation of and changes to rights.

In addition, the joint evidence emphasises the need to avoid disrupting or undermining the devolution settlement in Scotland, as the Human Rights Act is embedded in the Scotland Act of 1998 which established the Scottish Parliament.

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