< Previous | Contents | Next >

THE SCOTTISH HUMAN RIGHTS COMMISSION

Introduction

Human rights are important to everyone living in Scotland today.

Each of us is entitled to have our basic human rights respected, but equally, we must respect the rights of others. Human rights are those rights which could be described as the most basic and fundamental values on which our society has been built - the rights we all take for granted. This includes things like:

• the right to life
• the right to freely express your views
• the right to respect for your private and family life

Human rights have relevance in many areas of our lives. They also apply equally to everyone in Scotland - you have rights because you are entitled to them as a human being, regardless of your personal circumstances, beliefs, religion or culture. Human rights are therefore something on which we can all find common ground - we should all be able to believe in, rely upon and exercise our rights and responsibilities.

The European Convention on Human Rights (ECHR), several United Nations (UN) Conventions and other international instruments exist to recognise and reinforce our basic human rights and to provide a framework within which governments must act. The ECHR has been in existence since the 1950s, but has been given further force in the UK by virtue of the Human Rights Act 1998 and the Scotland Act 1998.

The Scotland Act places certain requirements on Scottish Ministers and the Scottish Parliament to ensure that they act in accordance with the 'Convention rights' i.e. those rights drawn from certain articles of the ECHR. Under the Human Rights Act, all public authorities in the UK must act in accordance with the Convention rights in everything they do. These statutes provide a framework within which Ministers, the Parliament and public authorities must operate in conducting their activities, the aim of which is to ensure that our human rights are properly protected and that we are able to claim the protection of the 'Convention rights' in our own national courts. In relation to devolved issues, human rights points taken against the Executive have been considered in the Scottish courts since the Scotland Act took effect in May 1999. Human rights cases against other public authorities became competent with the commencement of the Human Rights Act in October 2000.

Before you can claim the protection of your rights, you need to know what they are and how they apply to you.

Following a consultation exercise in 2001, the Scottish Executive announced on 10 December 2001 that we would establish an independent and statutory Scottish Human Rights Commission (the Commission). This means that the Commission would require to be established by legislation. This will be a matter for decision by a future administration for their legislative programme in the next Parliament after the election.

The Scottish Executive believes that this new body will be a key means to ensure that human rights are protected in Scotland and will also help to develop a 'culture' of human rights. By promoting human rights, the Commission will work to ensure that you are more aware of your rights in the future and that you understand how they apply to you and to your family.

The first consultation informed the decisions about what the key functions of the Commission should be.

Those functions are as follows:

• Promotion, education and awareness-raising
• Guidance to public authorities
• Advising the Scottish Parliament on legislation after introduction
• General monitoring and reporting in relation to law and practice
• Investigating and reporting on generic or sectoral human rights issues in relation to public policy

This consultation is seeking views on some more detailed issues in relation to the Scottish Human Rights Commission.

The paper has three main parts:

A - The Remit of the Commission;
B - The Functions of the Commission;
C - The Structure of the Commission.

The paper addresses each key issue in turn, sets out the options and states the Executive's preferred approach. Each section finishes by seeking 'Your View' on specific issues.

In considering the options and deciding on a preferred approach the Executive has considered the following factors:

• Responses to the first consultation paper
• The views produced by the Scottish Human Rights Forum
• International guidance including:
• The United Nations 'Paris Principles' - guidance drawn up by the United Nations on national human rights institutions
• The Commonwealth Secretariat's guidance on national human rights institutions - best practice guidance drawn up by an expert group representing all regions of the Commonwealth
• International examples of human rights institutions
• Examples of similar Scottish bodies
• The appropriate way forward for Scottish circumstances

Scottish Executive officials have also met with a range of interested parties in formulating our proposals:

• The Scottish Human Rights Forum (incorporating a wide range of interested organisations from the public and voluntary sectors)
• The Human Rights and Equality Unit, Northern Ireland Office and their counterparts in the then devolved authority in Northern Ireland
• Officials from the government of the Republic of Ireland (the Department of Foreign Affairs and the Department of Justice)
• Commissioners, Irish Human Rights Commission
• Chief Commissioner and Chief Executive, Northern Ireland Human Rights Commission
• Human Rights Policy Department, Foreign and Commonwealth Office
• Human Rights Unit, Lord Chancellor's Department
• Brian Burdekin, Special Advisor on National Institutions to the United Nations High Commissioner for Human Rights
• Officials from the New Zealand Human Rights Commission
• The Institute for Public Policy Research (IPPR)
• The Scottish Public Services Ombudsman
• The Scottish Prison Complaints Commissioner

The UK Government is currently consulting on options for the structure of the UK's equality machinery in the consultation paper "Equality and Diversity: Making it happen". The paper notes the links between institutional support for equality and for human rights. There will need to be consideration in due course of the relationship between any new equality machinery and the Scottish Human Rights Commission.

We hope that you find this paper helpful and informative. Your views will be important in shaping the Executive's policy and helping to develop a body which can provide an effective range of services to people living in Scotland.

< Previous | Contents | Next >