Ministers seek views on Human Rights Bill

The Scottish Government is seeking views to form a new Human Rights Bill designed to enshrine international treaties in Scots law.

The legislation will see four UN agreements entered into law – the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of Persons with Disabilities.

The Bill, ministers said, will also enshrine the “right to a healthy environment”.

Under the legislation, duties will be placed on public bodies to ensure they are upholding the rights of individuals in relation to the UN treaties.

The consultation is open from Thursday until October 5.

Social Justice Secretary Shirley-Anne Somerville said: “Human rights are the basic rights and freedoms that belong to everyone.

“Our ambitious proposals will protect and promote these rights in every aspect of life in Scotland – from Government and Parliament through to the everyday interactions people have with frontline services – and ensure they apply equally across society.

“Making these rights enforceable in Scots law, within the limits of devolution, is the right thing to do – particularly for a country striving to reduce inequality, increase opportunity and tackle poverty.

“I would encourage people to share their views on the detailed proposals through our consultation and help to make human rights real for everybody.”

Professor Sandra Liebenberg, a former member and vice-chair of the UN Committee on Economic, Social and Cultural Rights, said the Bill represents an “exciting opportunity”.

Two previous attempts by the Scottish Parliament to incorporate international treaties into Scots law have been thwarted by the UK Government, with Scottish Secretary Alister Jack recommending legislation enshrining the UN Convention on the Rights of the Child and the European Charter of Local Self-Government to the UK Supreme Court.

The court later found both to be out with the scope of the Scottish Parliament’s powers.