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xA Human Rights Bill for Scotland - Independent Analysis of Consultation Responses
Date: 8th February 2024
Category:
Other human rights treaties and mechanisms
The Scottish Government ran a written consultation between 15 June 2023 and 5 October 2023, seeking views on a Human Rights Bill for Scotland (referred to as ‘the Bill’). Alma Economics was commissioned by the Scottish Government to analyse the responses to the consultation
The consultation posed a total of 52 questions, including 10 closed questions (e.g. receiving yes / no / don’t know responses) and 42 open-text questions (receiving free text responses).
A total of 397 responses were received, 277 of which were submitted through Citizen Space and 120 were sent via email. In addition, a total of 7 Scottish Government-led public consultation events with breakout discussion sessions were held, with over 150 attendees in total. Respondents included individuals, local councils, civil society organisations, public sector organisations (including non-departmental public bodies (NDPBs), academic institutions, legal professionals, private bodies, and third-sector service delivery organisations.
The consultation questions were split into 9 parts, parts 1-3 of the consultation did not include any consultation questions, the analysis of responses begins from Part 4.
Part 1 presented an overview of Scotland’s human rights journey by first presenting the context of international and UK human rights legislation, as well as human rights in Scotland within the context of devolution.
Part 2 introduced the high-level objectives for the Bill.
Part 3 presented an overview of the rights and the corresponding international treaties that the National Taskforce for Human Rights Leadership recommended be incorporated into Scots law by the Bill.
Part 4 of the consultation focused on the proposed incorporation of the four United Nations (UN) human rights treaties in the Bill. These treaties are: The International Covenant on Economic, Social and Cultural Rights (ICESCR), The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), The Convention on the Rights of Persons with Disabilities (CRPD).
Part 5 of the consultation focused on the recognition and inclusion of a right to a healthy environment in the Human Rights Bill, as well as the substantive and procedural aspects of this right.
Part 6 of the consultation focused on incorporating further rights into the Bill and employing approaches to ensure the delivery of the rights in the Bill to everyone without discrimination.
Part 7 of the consultation centred on creating duties related to the rights in the Bill for those delivering devolved public functions.
Part 8 of the consultation document was focused on proposals that aim to ensure access to justice for rights-holders. And lastly part 9 of the consultation covered proposals for the implementation of the Human Rights Bill once its provisions come into force.
Together’s team published child friendly versions of the consultation, with advice and support from the Rights Detectives. The resources were made available in two different sets- one for children who are new to the topic and another for children who already have some base knowledge of human rights and incorporation.