Scotland’s Human Rights Bill: the right to an effective remedy is essential to the new framework

By incorporating economic, social, cultural and environmental rights directly into Scots law, this Bill will protect a range of rights including the rights to food, housing, social security, health and a healthy environment. This will also be a first for the UK, as the UK Government has consistently resisted recommendations to incorporate these rights. The Bill will also include an equality clause to ensure equal access to the incorporated rights, as far as is possible within devolved powers.   

We welcome this approach and recognise the importance of bringing economic, social, cultural and environmental rights into Scots law, so that they finally become enforceable in our courts in the same way as civil and political rights. However, the Scottish Government committed to going as far as devolution would allow, and we are not convinced these proposals do so.

Further work is needed to ensure the Bill 
goes as far as possible to protect all our rightsincluding those of disabled people, black and minoritised people and womenThe Consultation proposals refer to the treaties upholding rights for these groups as “the equality treaties”, ignoring the substantive rights each contains. If the proposals are followed, there will be no duty to comply with these rights and they will not be enforceable in our courts. They will be rights without remedy.

 

Scotland’s Human Rights Bill: why should the Scottish Government go further?

Our Legal Director and Partner, Barbara Bolton, has produced a blog series to discuss particular areas where the Scottish Government and Scottish Parliament can and should go further. With reference to more detailed sources on these topics, the series will consider:

 

Useful Resources


Legal Factsheets

Access to Justice: Legal Aid (PDF)

These factsheets are to be used as a tool to outline your rights and to help improve access to justice here in Scotland.
They explain key ideas, definition, rights, and laws so that people and organisations know how to use the law to defend themselves
and others.

This factsheet is also available in:
initial action factsheet first page image

Access to Justice: Initial Action (PDF)

These factsheets are to be used as a tool to outline your rights and to help improve access to justice here in Scotland.
They explain key ideas, definition, rights, and laws so that people and organisations know how to use the law to defend themselves
and others.

This factsheet is also available in:
Judicial review, first page image of factsheet

Access to Justice: Judicial Review (PDF)

These factsheets are to be used as a tool to outline your rights and to help improve access to justice here in Scotland.
They explain key ideas, definition, rights, and laws so that people and organisations know how to use the law to defend themselves
and others. They contain general information, not legal advice.

This factsheet is also available in:
Equality Act claims first page image from factsheet

Access to Justice: Equality Act claims (PDF)

These factsheets are to be used as a tool to outline your rights and to help improve access to justice here in Scotland.
They explain key ideas, definition, rights, and laws so that people and organisations know how to use the law to defend themselves
and others. They contain general information, not legal advice.

This factsheet is also available in:
direct and indirect discrimination image from factsheet first page

Access to Justice: Direct & Indirect discrimination (PDF)

These factsheets are to be used as a tool to outline your rights and to help improve access to justice here in Scotland.
They explain key ideas, definition, rights, and laws so that people and organisations know how to use the law to defend themselves
and others. They contain general information, not legal advice.

This factsheet is also available in:

Resources

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