The Right to Cultural Life in Scotland

Mitchell, Lynsey and Webster, Elaine and Camps, Diana (2023) The Right to Cultural Life in Scotland. Human Rights Consortium Scotland, Edinburgh. (https://hrcscotland.org/wp-content/uploads/2023/03...)

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Abstract

In March 2021, the National Taskforce for Human Rights Leadership in Scotland recommended a new legal framework that will bring into law a range of internationally recognised human rights, with the aim of strengthening the enjoyment of human rights in people's everyday lives. The Scottish Government accepted all of the recommendations. The new legal framework will incorporate four international human rights treaties: the International Covenant on Economic, Social and Cultural Rights, the UN Convention on the Elimination of All Forms of Discrimination against Women, the UN Convention on the Elimination of All Forms of Racial Discrimination, and the UN Convention on the Rights of Persons with Disabilities. Additional protections for older people and LGBTI people, and a right to a healthy environment, will also be included. In a parallel process, the UN Convention on the Rights of the Child is also being incorporated into national law. Provisions related to culture and cultural life feature in all of the treaties to be incorporated. This research brief aims to provide an overview of the current and future legal framework in Scotland related to cultural rights in order to inform implementation efforts. This research brief highlights some key issues related to the right to take part in cultural life in Scotland. The researchers and partners received input on these points through a workshop in September 2022. Workshop participants highlighted concerns around awareness and understanding of cultural rights, what it means to engage with culture, and who is enabled to participate effectively, and shared views on how barriers to taking part in cultural life might be overcome. The research brief outlines some of the ways that the right to take part in cultural life right is already protected in national legislation relating to language, education, and land. Several dimensions are also currently protected via the Human Rights Act 1998 based on the European Convention on Human Rights, and international agreements protecting minorities.

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