In September 2024, the Scottish Government announced its 2024-25 Programme for Government, which notably did not include the previously planned Human Rights Bill. This bill aimed to incorporate various international human rights treaties into Scots law, similar to the way the United Nations Convention on the Rights of the Child (Incorporation) Scotland Act 2024 did for children’s rights. The exclusion of this bill from the 2024-25 legislative agenda has sparked significant debate and concern among advocacy groups, civil society organizations, and human rights experts. The plan was to make rights contained in UN treaties enforceable at a national level, establishing a robust legal framework for protecting human rights in Scotland.
The decision to exclude the Human Rights Bill is significant partly because of the high expectations set by previous commitments. Extensive groundwork had been laid over nearly a decade to get to this point, making the absence of the bill in the legislative agenda a surprising development. This has now led to questions about the future of human rights legislation in Scotland and raised concerns about what this means for the commitment to human rights in the nation. Advocacy groups and human rights experts wonder why, despite the readiness to proceed, the bill has been sidetracked and what the implications of this decision might be.
Historical Context and Legislative Background
Historically, individuals in the UK could not directly enforce rights contained in international treaties without them being incorporated into national law. A landmark shift occurred with the Labour Government’s Human Rights Act 1998, which brought civil and political rights from the European Convention on Human Rights into UK law. In Scotland, there has been a similar interest in incorporating economic, social, and cultural rights (ESC rights) from UN treaties like the International Covenant on Economic, Social and Cultural Rights (ICESCR). The underlying idea is that establishing legally enforceable standards in critical areas like housing, education, and health can significantly enhance social justice and guide policy-making effectively.
Nicola Sturgeon, the former First Minister, strongly championed these initiatives, emphasizing their importance for improving social justice and as a necessary countermeasure to the risks posed by Brexit and the UK Government’s plans to repeal the Human Rights Act. In 2017, she established the First Minister’s Advisory Group on Human Rights Leadership to further these objectives. The group recommended incorporating ESC rights, environmental rights, and specific rights for various groups including women, children, persons with disabilities, older persons, LGBTI individuals, and racial groups into Scottish law. Furthermore, the Scottish Government’s National Taskforce for Human Rights Leadership, co-chaired by Professor Alan Miller and then Cabinet Secretary Shirley-Anne Somerville in March 2021, built upon these recommendations, making legislative action seem imminent.
The Supreme Court Judgment and Its Implications
However, the UK Supreme Court’s October 2021 judgment on the United Nations Convention of the Rights of the Child (UNCRC) Bill introduced a significant complication. The Bill intended to incorporate the UN’s children’s rights treaty into Scottish law, empowering courts to assess whether legislation, including UK legislation in devolved areas, was compatible with these rights. The UK Government challenged this in court, and the Supreme Court ruled that while incorporation is allowed under devolution, the Scottish Parliament cannot mandate UK Acts of Parliament to comply with international obligations in devolved areas. To comply with this ruling, the UNCRC Bill’s scope had to be narrowed to only cover Acts of the Scottish Parliament, which created uncertainty about how to approach the broader Human Rights Bill.
Given these complexities, it is understandable why the Human Rights Bill was included in the 2023-24 Programme for Government under First Minister Humza Yousaf but did not progress before summer recess 2024. Following Yousaf’s resignation in May 2024 and John Swinney’s appointment as First Minister, the bill was not included in the 2024-25 legislative agenda. Instead, the government announced it would continue to develop human rights proposals—a move that reflects the normal ebb and flow of politics where changes in leadership often bring shifts in priorities. However, this decision has disappointed various stakeholders within the project who had invested nearly ten years into this endeavor, awaiting legal reforms.
Reactions from Advocacy Groups and Experts
Human Rights Consortium Scotland, representing over 100 organizations, expressed their disappointment through a letter to the First Minister, labeling the decision as “highly regrettable” and criticizing it as a dismissal of the real and pressing human rights issues facing people in Scotland. Similarly, Professor Angela O’Hagan, Chair of the Scottish Human Rights Commission, argued that abandoning the bill denies individuals the means to seek justice for fundamental human rights—including the rights to safe housing, adequate food, and quality health and social care. This sentiment reflects a broader disillusionment among human rights advocates who had anticipated the bill as a crucial step forward in strengthening human rights protections.
In contrast, the Scottish Government, through Cabinet Secretary for Social Justice Shirley-Anne Somerville, maintains its commitment to advancing the Human Rights Bill, although it has deferred this to the next Parliamentary session. Citing the Supreme Court judgment’s limitations, Somerville highlighted the need to address stakeholder concerns about the sufficiency of incorporating equalities treaties, given that the Equality Act is reserved to the UK Parliament. Moreover, the government aims to use this time to engage with the new Labour government in Westminster to explore and resolve these unresolved issues. The overall stance is one of cautious progress, balancing between immediate legislative action and addressing foundational legal challenges.
Parliamentary Scrutiny and Future Prospects
In September 2024, the Scottish Government unveiled its 2024-25 Programme for Government, notably omitting the previously planned Human Rights Bill. This bill intended to integrate various international human rights treaties into Scots law, similar to how the United Nations Convention on the Rights of the Child (Incorporation) Scotland Act 2024 did for children’s rights. The absence of this bill in the legislative agenda has sparked considerable debate and concern among advocacy groups, civil society organizations, and human rights experts. The bill aimed to make rights in UN treaties enforceable at a national level, providing a strong legal framework for protecting human rights in Scotland.
The exclusion of the Human Rights Bill is significant partly because of the high expectations set by previous commitments. Nearly a decade of extensive groundwork had been laid, making its absence surprising. This decision has led to questions about the future of human rights legislation in Scotland and raised doubts about the nation’s commitment to human rights. Advocacy groups and human rights experts are questioning why, despite being ready to move forward, the bill has been sidelined and what the implications of this decision might be.
