Commission submits evidence to the Universal Periodic Review

The Scottish Human Rights Commission (the Commission) has made its submission to the United Nations Human Rights Council on the human rights record of the UK as part of the Universal Periodic Review (UPR) process.

The UK was last reviewed in 2008. The UPR process involves gathering information from the State, civil society, UN human rights system and national human rights institutions, such as the Commission. The UK’s human rights record will be discussed at the Human Rights Council in May 2012 with a final report due late next year.

In its submission the Commission outlines progress which has been made since the last review, recognising that Scotland has integrated a human rights based approach in a number of its laws, strategies and increasingly in policies.

To build on these developments the Commission recommends a series of steps including the development of a national human rights action plan for Scotland, improved mechanisms within the Scottish Parliament to ensure the consistent consideration of human rights, and the use of processes to consider the impact of decisions on human rights. The Commission also considers that progress on human rights in Scotland is currently threatened by a failure to incorporate the UK’s international human rights obligations into domestic law, and the potential introduction of a weaker Bill of Rights to replace the Human Rights Act.

The Commission makes a series of recommendations aimed at strengthening and improving the UK’s human rights record. The Commission believes the UK Government should:

• Retain and increase understanding of the Human Rights Act, and clarify the extent to which private providers of public services have human rights obligations.
• Ratify and incorporate all human rights treaties without reservation. There remain several treaties which the UK has ratified but has not incorporated into domestic law, including the Convention on the Rights of Persons with Disabilities or the International Covenant on Economic, Social and Cultural Rights. 
• Ensure effective official investigations into all credible allegations of State involvement in torture or serious ill-treatment. In particular the Commission highlights information which indicates the use of Scottish airports to facilitate the practice of extra-ordinary rendition.
• That the UK and Scottish Governments consider steps to ensure that the minimum wage is sufficient at least to secure an adequate standard of living.
• Undertake a comprehensive review of law, policy and practice on business and human rights and develop a strategy to implement the UN Guiding Principles on Business and Human Rights.

The Commission also recommends that the Scottish Government should:

• Adopt a human rights based approach to policies on the environment, climate change and climate justice.
• Examine and address barriers to access to justice in relation to human rights, including admissibility.
• Consider mechanisms for enhanced accountability of the police for human rights, including in the deployment and use of potentially lethal force i.e. Taser® weapons.
• Work more closely with local authorities and all others with responsibilities to reconcile the human rights of Gypsy/Travellers and settled communities in Scotland.