Scotland, the Sewel Convention and the Human Rights Act

Category: Other human rights treaties and mechanisms

17th July 2015

A new blog article explores human rights protections in law in Scotland in the context of devolution, specifically focusing on Scotland's relationship with the Human Rights Act and the Sewel Convention.

Concern has been raised by children organisations at the future of the human rights settlement in the United Kingdom due to the UK Government's intention to repeal the Human Rights Act 1998 (HRA) and replace it with a British Bill of Rights. The Human Rights Act incorporates the European Convention on Human Rights (ECHR) into domestic law.

The HRA has been vital in promoting and protecting the rights of children across the UK and the European Court of Human Rights has had an important role in developing the protection offered to children by the ECHR.

Together has recently called for the UK Government to ensure that the devolved nations are fully involved and consulted in any proposed changes to UK-wide human rights legislation and there should be no lessening of protection of children's rights in law.

This blog looks into the possible proposals that the Conservative Government might remove Human Rights protections in relation to English and reserved UK-wide matters only, leaving the Human Rights Act in place in Scotland and the other devolved areas of the UK.

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