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Human Rights Bill consultation analysis published

  • Area of Work: The ALLIANCE
  • Type: News Item
  • Published: 24th January 2024
A line of placards with the title reading 'Human Rights'

Responses to the bill were largely positive, and emphasised the principles of progressive realisation and minimum core obligations.

Following the consultation on its proposed Human Rights Bill last year, the Scottish Government have published the independent analysis of the responses they received. The ALLIANCE submitted a response to the consultation, in which we called for incorporation to give the maximum possible effect to people’s human rights. This would mean ensuring that the Bill includes a duty to comply with as many of the rights as possible – including substantive rights in CEDAW, CERD and CRPD – as well as robust measures on access to justice, participation, implementation, scrutiny, and accountability.

On the subject of incorporating the four UN human rights treaties (ICESCR, ICERD, CEDAW and CRPD), respondents were supportive of incorporation and of directly using the treaty text, but there was some disagreement relating to proposed duties and how approaches differed between the treaties. Whilst proposals relating to dignity found agreement, respondents did highlight the need for further clarity on how “human dignity” would be defined. Numerous responses also called for a stronger duty to comply that applied to all four treaties, and for particular attention to be paid to safeguarding the rights of disabled people.

Other findings include:

  • General agreement on the definition of the right to a healthy environment
  • The suggestion of integrating the Human Rights Act 1998 into the implementation of the bill
  • Support for the inclusion of an equality provision that would cover groups including LGBTI+ people, older people, and care experienced people
  • Agreement on demonstrating compliance through progressive realisation and minimum core obligations
  • Support for the proposals relating to access to justice for rights-holders, with mixed views expressed on the sufficiency of current judicial remedies
  • and support for a sequential approach to implementation, with a participatory process for establishing minimum core obligations.

The full analysis of responses is available on the Scottish Government website. As the bill develops and is brought to the Scottish Parliament, the ALLIANCE will continue to engage closely with our members, partner organisations and the Scottish Government in the coming months.

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