Reviewing Scotland’s Human Rights Bill Consultation : do the proposals align with international human rights obligations?

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Hall, Katie and Jack, Douglas and Miller, Alan (2023) Reviewing Scotland’s Human Rights Bill Consultation : do the proposals align with international human rights obligations? University of Strathclyde, Glasgow.

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Abstract

In June 2023, the Scottish Government published a Consultation paper on a Human Rights Bill for Scotland, setting forth plans for the incorporation of key international human rights law (IHRL) instruments into Scots law. This Bill, if enacted, would constitute a significant milestone in Scotland’s human rights journey, helping Scotland close gaps in domestic rights protection. This paper considers how the proposals detailed in the Consultation paper align with the international obligations relevant for domestic human rights bills, as identified in a collaborative report published by the Bonavero Institute for Human Rights, The Making of Bills of Rights: Relevant International Human Rights Law Obligations, An Analysis of the United Kingdom's Obligations (the Bonavero Report (2023)). The obligations identified in the report are as follows: 1. The obligation to respect, protect and fulfil human rights; 2. The obligation to provide an effective framework of remedies; 3. The obligation to monitor and report on human rights; 4. The obligation to ensure public participation in shaping bills of rights; and 5. The obligation of non-regression in rights protection. Each of these obligations must be achieved within the limits of devolved competence.

CORE (COnnecting REpositories)