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Scottish Human Rights Commission
Scottish Gaelic: Coimisean Còraichean Daonna na h-Alba
Agency overview
Formed1 April 2008
JurisdictionScottish Government
HeadquartersBridgeside House, 99 McDonald Road, Edinburgh, Scotland
Employees17
Annual budget£1.2 million (FY 21/22)
Agency executives
  • Vacant, Chair
  • Shelley Gray, Commissioner
  • Jim Farish, Commissioner
  • Claire Methven O’Brien, Commissioner
Parent agencyScottish Parliamentary Corporate Body
Key document
Websitehttps://scottishhumanrights.com

The Scottish Human Rights Commission (SHRC) (Scottish Gaelic: Coimisean Còraichean Daonna na h-Alba) is the national human rights institution for Scotland. It was established by the Scottish Commission for Human Rights Act and started its work in 2008. The Commission is independent of the Scottish and UK Government, and of Parliament.

It seeks to promote and protect the human rights of everyone in Scotland, working to increase awareness, recognition and respect for human rights, and make them more relevant and easier to apply in everyday life. The Commission aims to help everyone understand their rights and the shared responsibilities everyone has to each other and to their community.

The SHRC is a Scottish Parliamentary Corporate Body (SPCB) supported body meaning that it is separate and independent from Government but still accountable for its public funds.[1] It has an office in Edinburgh, which is shared with the fellow SPCB supported bodies the Scottish Public Services Ombudsman and the Children and Young People's Commissioner Scotland.[1]

The Scottish Human Rights Commission is the newest of the three national human rights institutions (NHRIs) in the United Kingdom and, like the Northern Ireland Human Rights Commission (NIHRC) and the Equality and Human Rights Commission (EHRC), it has secured "A status" accreditation from the International Co-ordinating Committee of NHRIs (the ICC).[2] The Scottish Parliament, when establishing the Commission in 2008, ensured that it complied with United Nations Principles Related to the Status of National Institutions, known as the Paris Principles – a series of recommendations on the role, status and functions of NHRIs. The Commission has a strong international profile and participates in the Universal Periodic Review reporting mechanisms for UN treaty processes. In October 2010 it hosted the biennial world conference of NHRIs in Edinburgh.[3]

The Commission was elected as chair of the European Group of National Human Rights Institutions on 17 May 2011.[4] It was re-elected to this post in May 2013 [5]

Mandate and Powers

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The Scottish Commission for Human Rights Act 2006 states that the commission has a duty to: 'to promote human rights and, in particular, to encourage best practice in relation to human rights'.[6]

The Commission generally deals only with issues relating to devolved matters only, with issues concerning equality and some non-devolved human rights matters being the responsibility of the Equality and Human Rights Commission. The two NHRIs have a memorandum of understanding which set out the expectations and terms and conditions of the working relationship between organisations.[7]

The Commission must lay annually before the Scottish Parliament a general report on the exercise of its functions during the year.

The Commission, NIHRC and EHRC participate with the Equality Commission for Northern Ireland in the "independent mechanism" to promote, protect and monitor implementation in the UK of the UN Convention on the Rights of Persons with Disabilities.

To deliver this mandate, the legislation sets out these powers:[6]

  • The power to conduct inquiries into the policies or practices of Scottish public authorities working to deliver a particular service, or public authorities of a particular description.
  • The ability to provide education, training and awareness raising, and by publishing research.
  • Recommending such changes to Scottish law, policy and practice as it considers necessary.
  • The power to enter some places of detention as part of an inquiry, and the power to intervene in civil court cases where relevant to the promotion of human right and where the case appears to raise a matter of public interest.

It cannot provide assistance to any person in connection with a legal claim.

Leadership

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The current chair of the Commission is Ian Duddy, who was appointed in late 2022.[8][9]

Chairs
Name Tenure Notes
Ian Duddy 2022–present [8][9]
Judith Robertson 2016 - 2022 [10]
Alan Miller 2008-2016 [11]

There are also three part-time Commissioners, appointed in late 2022.[12]

Commissioners
Name Tenure Notes
Shelley Gray 2022–present [13][14]
Jim Farish 2022–present
Claire Methven O’Brien 2022–present
Dr Anna Black 2021-2022 [15]
Susan Kemp 2015-2022 [16]
Jane-Claire Judson 2017-2022 [17]
Alan Mitchell 2015-2021 [16]
Dr Jacqueline Kinghan 2021-2022 [15]
Matt Smith 2010-2017 [17]
Prof. Kay Hampton 2008-2015 [16]
Shelagh McCall 2008-2015 [16]

Work of the Commission

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The Commission is currently working from its Strategic Plan 2020-2024. It has 4 priorities for this time:[18]

  1. Progressing understanding and strengthening legal protection of economic, social and cultural rights;
  2. Strengthening accountability for meeting human rights obligations;
  3. Building wider ownership of human rights;
  4. Advancing best practice locally and sharing our learning globally

The work of the Commission focuses on implementing a human-rights–based approach at the heart of policy choices and practice in Scotland to ensure that human rights are at the centre of how organisations in Scotland work, as well as how they measure success.

Scotland's National Action Plan for Human Rights (SNAP)

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Scotland’s National Action Plan for Human Rights (SNAP) was launched on International Human Rights Day, 10 December 2013. The Commission said 'it sets out a bold roadmap towards a Scotland where everyone can live with human dignity.'[19]

A second SNAP began development in 2017.[20] While initially planned to be published in 2020, the COVID-19 pandemic lead to a two year delay.[18][21] In 2021 the Scottish Government and the Commission jointly began to prepare to convene a Leadership Panel to finish development work, and appointed a Secretariat Lead to support this.[22] The Leadership Panel was appointed in March 2022, and is currently developing the Action Plan.[23][24]

Care About Rights

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This project aims to increase awareness, understanding and confidence in the care sector about human rights in order to improve conditions for those in care and for their carers. Particular emphasis has been placed on the needs of older people through a training package called "Care about Rights".[25]

Historical Child Abuse

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In February 2010 the Commission published a comprehensive human rights framework to address historic child abuse through an Acknowledgement and Accountability Forum. The framework was positively received by many survivors and international experts. The Commission worked with the Centre for Excellence for Looked After Children in Scotland to deliver a series of InterActions with to develop an Action Plan on Justice and Remedies. The Commission continues to monitor the process of acknowledgement and accountability in Scotland and the implementation of its recommendations.[26]

Human Rights Impact Assessments

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The Commission has developed training materials on human rights for staff in local authorities, as part of its power to duty to provide training.

In January 2010 the Commission piloted human rights training for staff within the Services for Communities Division of the City of Edinburgh Council. Research was also conducted into international best practice and experiences of carrying out human rights impact assessments. In 2013 the Commission piloted a joint Equalities and Human Rights Impact Assessment with two partner organisations, Fife and Renfrewshire Councils.

The project will begin by establishing an understanding of current practices and approaches to assessing equality and human rights impacts, and develop appropriate means for the partner organisations to move beyond the legal requirement to carry out equality impact assessment towards having the capability to assess equality and human rights impacts together. The pilot bodies will contribute to the development of ideas and also to the road-testing of such approaches.

Emerging human rights issues

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Business and human rights

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In 2010 the Commission contributed to the work of the Working Group of the International Coordinating Committee of National Human Rights Institutions on Business and Human Rights by drafting a survey for all institutions on their interests, needs and capacities in the area. The Commission also provided written and oral evidence to the UK Parliament Joint Committee on Human Rights inquiry on Business and Human Rights.

In October 2010 the Commission hosted the International Conference of National Human Rights Institutions on the theme of Business and Human Rights.[3] The conference agreed the Edinburgh Declaration, which sets an action plan for NHRIs on business and human rights.[27]

Planned replacement of the Human Rights Act

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In 2009, the Conservative party, then the main UK opposition party, announced that, if elected, it would repeal the Human Rights Act 1998 and replace it with a Bill of Rights.[28][29] In March 2010 the Commission published two statements, including one co-signed with the NIHRC, calling for the preservation of the Act and emphasising that human rights would be best protected by building on the Act instead of replacing it.[30][31]

The Deputy Prime Minister of the United Kingdom, Dominic Raab introduced the Bill of Rights Bill in 2021 to the House of Commons which would replace the Human Rights Act.[32] The Commission has said the proposals would 'weaken the protections in the Human Rights Act and put the UK in breach of its international obligations.'[33] Along with several Scottish civil society organisations, the Commission condemned the Bill claiming it is unneeded and a step backwards.[34]

International activities

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The Commission is one of over 80 NHRIs within the ICC's global network supported by the United Nations Office of the High Commissioner for Human Rights. In June 2010 the Commission was given "A status" accreditation by the ICC; this gives it enhanced access to treaty bodies and other UN mechanisms. Along with the NIHRC and EHRC the SHRC participates in the European Group of NHRIs. The SHRC is currently the chair of the European Group.

Interaction with other NHRIs

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In June 2009 the Commission hosted the first joint meeting of the four national human rights institutions of the UK and Ireland; the Equality and Human Rights Commission, the Irish Human Rights Commission, the NIHRC and, of course, the Scottish Commission.[35] Justice Albie Sachs, a former justice of the South African Constitutional Court, also participated in the meeting.

In October 2010 the Commission hosted the 10th International Conference of National Human Rights Institutions at the Scottish Parliament, bringing together delegates from over 80 countries to discuss issues around Business and Human Rights. The conference ended with the agreement of the Edinburgh Declaration.[3]

Interaction with the United Nations

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The Commission frequently makes submissions to the Treaty bodies of the United Nations framework. The reports provide a critique of law, policy and practice in Scotland. The SHRC, along with the other UK NHRIs submits evidence to the Universal Periodic Review process of the UK.[36] The Commission has been noted in recent years as being particularly engaged amongst British institutions with the process.[37]

In June 2009 the Commission was appointed a member of the UK's independent mechanism responsible for promoting, monitoring and protecting the implementation of the Convention on the Rights of Persons with Disabilities.[38]

References

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  1. ^ a b "Annual Accounts 2020-2021" (PDF). Scottish Human Rights Commission. 1 September 2021. p. 5. Retrieved 28 December 2022.
  2. ^ "Chart of the status of National Institutions" (PDF). United Nations Office of the High Commissioner for Human Rights. 28 December 2021. Archived (PDF) from the original on 7 January 2023. Retrieved 7 January 2023.
  3. ^ a b c "News: Scotland to host ICC Biennial". Scottish Human Rights Commission. 11 December 2009. Archived from the original on 8 April 2011. Retrieved 6 September 2014.
  4. ^ "European role for human rights body". Crieff Journal. 17 May 2011. Retrieved 2 February 2023 – via National Library of Scotland.
  5. ^ "Re-election to Chair European Network". Scottish Human Rights Commission. Retrieved 12 April 2017.
  6. ^ a b "Scottish Commission for Human Rights Act 2006". National Archives. Retrieved 6 September 2014.
  7. ^ "Memoranda of Understanding | Equality and Human Rights Commission". www.equalityhumanrights.com. Retrieved 26 December 2022.
  8. ^ a b "The Commission welcomes Ian Duddy as new Chair". The Scottish Human Rights Commission. Retrieved 2 December 2022.
  9. ^ a b "Ian Duddy to be next chair of Scottish Human Rights Commission". Scottish Legal News. Retrieved 26 December 2022.
  10. ^ "Judith Robertson set to succeed Alan Miller as Scottish Human Rights Commission chair". Holyrood Website. 3 October 2019. Retrieved 26 December 2022.
  11. ^ "Alan Miller". University of Strathclyde. Retrieved 26 December 2022.
  12. ^ "About us: people". Scottish Human Rights Commission. Retrieved 2 December 2022.
  13. ^ "New Commissioners bring significant expertise to Commission". www.scottishhumanrights.com. Retrieved 26 December 2022.
  14. ^ "Scottish Human Rights Commission". www.parliament.scot. Retrieved 26 December 2022.
  15. ^ a b "New Commissioners bring diverse expertise to Commission". www.scottishhumanrights.com. Retrieved 26 December 2022.
  16. ^ a b c d "New Commissioners bring significant legal and practical expertise to Scottish Human Rights Commission". www.scottishhumanrights.com. Retrieved 26 December 2022.
  17. ^ a b "Appointment: New Member of the Commission". www.scottishhumanrights.com. Retrieved 26 December 2022.
  18. ^ a b "Commission publishes its Strategic Plan 2020-2024". Scottish Human Rights Commission. 27 March 2020.
  19. ^ "SNAP | Scottish Human Rights Commission". www.scottishhumanrights.com. Retrieved 26 December 2022.
  20. ^ Duddy, Ian; Priestly, Rob. "Letter from the SNAP Secretariat on behalf of the Co-Chairs of the SNAP Leadership panel to the Convener of the Equalities, Human Rights and Civil Justice Committee" (PDF). Scottish Parliament. SNAP Secretariat. Retrieved 2 December 2022.
  21. ^ "Developing SNAP 2 – Scotland's National Action Plan for Human Rights". Retrieved 26 December 2022.
  22. ^ "1. Human Rights Legal Framework and Participation". www.gov.scot. Retrieved 26 December 2022.
  23. ^ "New SNAP Leadership Panel appointed – Scotland's National Action Plan for Human Rights". Retrieved 26 December 2022.
  24. ^ "Work to develop SNAP Actions continues – Scotland's National Action Plan for Human Rights". Retrieved 26 December 2022.
  25. ^ "Care About Rights?". Scottish Human Rights Commission. Retrieved 6 September 2014.
  26. ^ "Historical Child Abuse". The Scottish Human Rights Commission. The Scottish Human Rights Commission. Retrieved 29 November 2022.
  27. ^ "The Edinburgh Declaration calls for action on corporate abuse of human rights". The Edinburgh Reporter. 12 October 2010. Retrieved 28 December 2022.
  28. ^ "Cameron pledges bill to restore British freedoms". the Guardian. 28 February 2009. Retrieved 28 December 2022.
  29. ^ "Invitation to Join the Government of Britain" (PDF). Conservatives. 2010. p. 79.
  30. ^ "Joint Statement on the Bill of Rights". Scottish Human Rights Commission. Archived from the original on 8 April 2011. Retrieved 28 December 2022.
  31. ^ "Equality Commissions defend the Human Rights Act". Equally Ours. 30 March 2010. Retrieved 28 December 2012.
  32. ^ "Bill of Rights Bill". UK Parliament. Retrieved 28 December 2022.
  33. ^ "Defending the Human Rights Act: why the UK Gov's Bill of Rights should be of grave concern to all". www.scottishhumanrights.com. Retrieved 28 December 2022.
  34. ^ "Leading Scottish Human Rights Organisations Unite to Reject Plans to Replace Human Rights Act". Human Rights Consortium Scotland. 14 December 2021. Retrieved 28 December 2022.
  35. ^ "UK and Ireland Commissions join together in Edinburgh". Scottish Human Rights Commission. 24 June 2009. Archived from the original on 8 April 2011. Retrieved 28 December 2022.
  36. ^ "Summary of stakeholders' submissions on the United Kingdom of Great Britain and Northern Ireland" (PDF). UN Human Rights Council. Retrieved 28 December 2022.
  37. ^ Dickson, Dickson (5 December 2022). "Prof Brice Dickson: The UK's Engagement With International Human Rights Monitoring Mechanisms". UK Human Rights Blog. Retrieved 28 December 2022.
  38. ^ Abreu, Laura (10 November 2022). "The UN Convention on the Rights of Persons with Disabilities: UK implementation" (PDF). UK Parliament. House of Commons Library. p. 9. Retrieved 28 December 2022.
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