Human Rights in Scotland

Introduction

Under the Scotland Act, the Scottish Executive and the Scottish Parliament will be required to comply with rights set out in the European Convention on Human Rights (the Convention) in exercising their powers. When the Human Rights Act comes into force, all "public authorities" throughout the United Kingdom will also be bound by the Convention. Both Westminster and the Scottish Parliament will have to consider the human rights aspects of every Bill. Judges will have to take account of the Convention in deciding cases. For the first time, individuals who consider that their Convention rights have been infringed will have the right to seek redress in Scottish courts.

The Scotland Act and the Human Rights Act, taken together, represent a major step forward in building a modern and effective human rights culture in Scotland. For the first time, Scots will be able to enforce their basic human rights in Scottish courts instead of having to incur the cost and delay of taking a case to the European Court of Human Rights in Strasbourg. The obligation to comply with Convention rights will also be a cornerstone of the new Scottish Executive and Parliament.

What does this mean? How will it affect your day to day work as an administrator? What rights do you have as an individual and how do you go about enforcing them if you feel that they have been infringed?

This booklet is intended to provide a basic explanation of the human rights implications of the Scotland Act and the Human Rights Act. However, it is not intended to be a definitive guide to the legislation or the Convention; nor can it provide a substitute for obtaining legal advice on particular issues.