SNAP 2 is an important part of a wider programme to improve and protect human rights in Scotland, and this section provides an overview of the national context. Given the breadth of human rights issues and other rights-related activity across the country, it is not possible to cover everything in detail here, and links to further sources of information are provided. The information published in this section is correct at the time of publication.
Rights-based Policy and Practice
In Scotland, there is a developing body of national, regional and sectoral policy and practice aimed at addressing human rights issues. However, this can be disjointed and work in silos.
SNAP 2 is different – it is a coordinated and cross-sectoral approach to human rights activity. For example, in this one plan there are actions that address a diverse range of policy issues like health, the environment, education, work, housing, social care, public finance, women’s rights, and justice, to name just a few.
During the 2019 public consultation on the draft SNAP 2, valuable feedback was received from Scottish Government policy leads working in different Directorates on many of these issues. The SNAP Leadership Panel carefully examined this, as well as changes and developments that have taken place since, in its work to review, revise and finalise the actions.
SNAP 2 actions are designed to complement, not repeat or duplicate, the work of other plans and strategies. By framing policy issues as human rights issues and promoting a rights-based approach, they help break down compartmentalised ways of working and foster collaboration.
Incorporation
In March 2021, the Scottish Parliament unanimously passed the United Nations Convention on the Rights of the Child (CRC) (Incorporation) (Scotland) Bill. Following a ruling by the UK Supreme Court, the Scottish Government and Scottish Parliament need to do more work on some technical aspects of the Bill before it can become law. In the meantime, the Scottish Government is working with partners to progress CRC implementation.
In the 2021-2022 Programme for Government, the Scottish Government announced its intention to incorporate other international human rights into domestic law as part of its work to progress all 30 recommendations of the National Taskforce for Human Rights Leadership.
The proposed Scottish Human Rights Bill will include the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD), the right to a healthy environment, a right for older people to live a life of dignity and independence, and provisions to ensure everyone has equal access to the rights in the Bill.
Incorporation has the potential to be the most progressive and purposeful domestic action on human rights since devolution. If passed, it could transform the legal framework that protects people’s rights in Scotland. However, rights are needed in practice as well as in law. Implementation and accountability are crucial for the new legal framework to make a real and practical difference in everyday life.
Incorporation and SNAP 2 are mutually reinforcing, and the actions are aligned to the rights that will be included in the new Bill. Many actions will help to prepare for incorporation and support its implementation and accountability once enacted. There is also scope to include SNAP in the Bill.
Documenting and Monitoring Human Rights
In 2012, the SHRC published ‘Getting it Right?’, upon which SNAP 1 was based. This comprehensive report includes the findings from a three-year research project that identified gaps in human rights protection in Scotland.
Since then, a large body of evidence about human rights in Scotland has been produced, including issues raised during the development of SNAP 2. The SNAP Leadership Panel examined many reports and publications, including those produced by National Human Rights Institutions (NHRIs), civil society organisations, the Scottish Government, and other public bodies.
The SNAP 1 independent evaluation recommended that SNAP 2 build on the evidence base of ‘Getting it Right?’, and ongoing research, documentation and monitoring of human rights issues is vital to identify areas where there are gaps and change is needed. However, there is a lack of systematic and robust disaggregated equality and human rights data gathering and analysis in Scotland.
Several SNAP 2 actions will develop the qualitative and quantitative evidence base to help improve rights-based policy and practice. This could be through rights holder engagement and co-production, human rights reviews, mapping exercises, and the development of an accessible national human rights tracker tool.
Economic, Social and Cultural Rights
Economic, social and cultural rights include the rights to adequate food, adequate housing, education, health, social security, to take part in cultural life, to work and fair work conditions. Several reports note that people in Scotland face a wide range of problems fully realising these rights, and that the rights of some people – who experience specific barriers – are particularly at risk. These reports include the following.
Is Scotland Fairer? (EHRC, 2018).
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
ICESCR Joint Report to the UN Committee on Economic Social and Cultural Rights (Human Rights Consortium and others, 2022).
ICESCR Pre-sessional Shadow Report (Engender and others, 2022).
ICESCR Report to the UN Committee on Economic, Social and Cultural Rights (Health and Social Care Alliance Scotland, 2022).
The Scottish Government has indicated its intention to incorporate ICESCR into Scots law, which could substantially improve the legal protection of economic, social and cultural rights. Recent Scottish Government reports also document the ongoing work it and other public bodies are doing to respect, protect and fulfil people’s economic, social and cultural rights, through law, policy, and other action plans. This includes the ICESCR Position Statement and the UPR Position Statement.
Numerous SNAP 2 actions will help to promote and progressively realise people’s economic, social and cultural rights, including – but not limited to – the rights to work, education, food, housing, health, and an adequate standard of living.
Participation and Accountability
Ensuring that rights holders participate in decisions that affect them, and that duty bearers take responsibility for their human rights obligations, are both fundamental human rights principles. Participation is crucial for accessing other rights, particularly for people whose voices and views are typically under-represented. Without robust accountability, rights holders are left without justice, and mistakes can continue to be made.
While there are examples of good practice in Scotland, improvement is needed to ensure a consistent rights-based approach is taken to participation and accountability across the country, irrespective of the issues, people, or sectors involved.
Participation and accountability are two of SNAP 2’s guiding human rights principles and they cut across the whole plan. For example, as members of the SNAP Leadership Panel, rights holders and civil society worked alongside duty bearers to develop SNAP 2. Rights holders should also participate equally in the design and delivery of every action.
The actions themselves will improve rights holder participation and duty bearer accountability in specific sectors or on particular issues. Examples include actions to improve access to information – which will strengthen duty bearer transparency and ensure rights holders can make informed decisions – and on independent advocacy, which supports participation and informed decision-making.
Awareness and Understanding of Human Rights
Everyone needs to be aware of, accept and understand human rights, so that people are empowered to own and claim their rights, and public bodies can meet their obligations. It is also important to help realise a human rights culture across Scotland and support incorporation – two SNAP 2 priorities.
However, research indicates that although there is support for human rights in Scotland, work is needed to strengthen this and build understanding. SNAP 2 actions will help significantly increase understanding of human rights, human rights law and a human rights-based approach amongst both rights holders – particularly those whose rights are most at risk – and public bodies.
Equality and Non-discrimination
Although human rights are universal and belong to everyone, some people in Scotland experience significant problems and much poorer outcomes because of inequality and discrimination.
Non-discrimination and equality are fundamental human rights principles, and these – along with intersectionality – guide SNAP 2. Many actions promote and progress the rights of people across a broad range of population groups, including those whose rights are most at risk. A short overview of the national context for some of these groups is set out below.
Black and Minority Ethnic People
Black and minority ethnic people face a broad range of human rights problems, including – but not limited to – systemic and structural racism, poverty, hate crime, barriers to education, decent work, and participation in decision-making. Black and minority ethnic people are disproportionately impacted by COVID-19 and the cost of living crisis. Recent reports have highlighted many of these issues, including the following.
Is Scotland Fairer? (EHRC, 2018).
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
Race Rights in the UK (EHRC, 2016).
A range of publications, consultation responses and briefings (Coalition for Racial Equality and Rights (CRER), various dates).
A range of publications (Black and Ethnic Minority Infrastructure in Scotland (BEMIS), various dates).
Incorporating CERD and other international human rights treaties into Scots law could transform legal guarantees for Black and minority ethnic people’s rights. Amongst other reports, the Scottish Government’s UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other public bodies are doing to progress race equality, including through law, policy and other action plans. Relevant information can also be found on the Scottish Government’s dedicated webpages on race equality.
SNAP 2 actions that address human rights problems faced by Black and minority ethnic people in Scotland target issues of poverty, food insecurity, housing, stigma and discrimination, gaps in equality and human rights data gathering and analysis, environmental rights, life expectancy and adverse mortality, violence and abuse, health and wellbeing, justice, online bullying and harassment, employment, education, unpaid caring, and participation in decision-making.
Children and Young People
Recent reports emphasise a range of human rights problems experienced by children and young people in Scotland, including the disproportionate impacts of COVID-19 and the cost of living crisis. This includes the following.
Report of the Children’s Commissioners of Northern Ireland, Scotland and Wales to the United Nations Committee on the Rights of the Child (authors include the Children and Young People’s Commissioner for Scotland, November 2022).
Additional Evidence to the UN Committee on the Rights of the Child (SHRC, January 2023).
Is Scotland Fairer? (EHRC, 2018).
State of Children’s Rights reports (Together for Children’s Rights, various dates).
The CRC is due to be incorporated into Scots law, which will greatly strengthen children’s rights in law. In the meantime, Scottish Government and partners are working to progress its implementation. Amongst others, Scottish Government’s UPR Position Statement, ICESCR Position Statement, and Embedding Children’s Rights Position Statement set out other ongoing work it and other public bodies are doing to ensure that children and young people’s rights are respected, protected, and fulfilled.
SNAP 2 actions that address human rights problems faced by children and young people in Scotland target issues of poverty, food insecurity, housing, gaps in equality and human rights data gathering and analysis, environmental rights, violence and abuse, private and family life, health and wellbeing, online bullying and harassment, education, unpaid caring, and participation in decision-making.
Disabled People, including People with Learning Disabilities and Autistic People
In Scotland, disabled people, including people with learning disabilities and autistic people, face many human rights problems, including – but not limited to – ableism, poverty, hate crime, barriers to health and social care, education, decent work, participation in decision-making, and social exclusion. Disabled people, including people with learning disabilities and autistic people, are disproportionately impacted by COVID-19 and the cost of living crisis. Recent reports have highlighted many of these issues, including:
Is Scotland Fairer? (EHRC, 2018).
Disabled People’s Rights (SHRC, various dates).
CRPD Shadow Report 2022 (Inclusion Scotland, 2022).
Resources and publications (Scottish Commission for People with Learning Disabilities, various dates).
The CRPD is due to be incorporated into Scots law, which could transform the legal framework for disabled people’s rights. Amongst other reports, the Scottish Government’s UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other public bodies are doing to progress disabled people’s rights through law, policy and other action plans. Relevant information can also be found on the Scottish Government’s dedicated webpages on disabled people, and on autism and learning disabilities.
SNAP 2 actions that that address the human rights problems faced by disabled people, including people with learning disabilities and autistic people, target issues of poverty, food insecurity, independent living, housing, stigma and discrimination, health and wellbeing, private and family life, personal autonomy, bodily integrity, life expectancy and adverse mortality, justice, gaps in equality and human rights data gathering and analysis, environmental rights, violence and abuse, online bullying and harassment, education, and participation in decision-making.
Gypsy/Travellers
Gypsy/Travellers in Scotland experience a wide range of human rights problems, including – but not limited to – persistent stigma, discrimination and racism, poverty, hate crime, social exclusion, barriers to health and social care, education, decent work, and participation in decision-making. Recent reports that highlight several issues include:
Is Scotland Fairer? (EHRC, 2018).
Race Rights in the UK (EHRC, 2016).
Evidence Review: Accommodation Needs of Gypsy/Travellers (Scottish Government, 2020).
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
Incorporating CERD and other international treaties into Scots law could strengthen the justiciability of a range of Gypsy/Traveller’s rights. Amongst other reports, the Scottish Government’s UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other duty bearers are doing to progress the rights of Gypsy/Travellers in policy and public services. Relevant information can also be found on the Scottish Government’s dedicated webpages on Gypsy/Travellers.
SNAP 2 actions that address human rights problems faced by Gypsy/Travellers in Scotland target issues of poverty, food insecurity, housing, stigma and discrimination, gaps in disaggregated equality and human rights data gathering and analysis, justice, health and wellbeing, private and family life, environmental rights, violence and abuse, online bullying and harassment, education, unpaid caring, and participation in decision-making.
LGBTQIA+ People
In Scotland, LGBTQIA+ people face many human rights problems, including – but not limited to – persistent stigma and discrimination, transphobia, hate crime, poverty, barriers to health and care services, education and decent work. Recent reports that have highlighted these issues include the following:
Is Scotland Fairer? (EHRC, 2018).
ICESCR Joint Report to the UN Committee on Economic Social and Cultural Rights (Human Rights Consortium and others, 2022).
Life in Scotland for LGBT Young People (LGBT Youth, 2022).
Trans People and Work (LGBT Health and Wellbeing, 2021).
The Scottish Government has committed to ensuring that everyone – including LGBTQIA+ people – will have equal access to the rights in the new incorporation law. Amongst other reports, the Scottish Government’s UPR Position Statement and ICESCR Position Statement documents the ongoing work it and other duty bearers are doing to respect, protect and fulfil the rights of LGBTQIA+ people. Relevant information can also be found on the Scottish Government’s dedicated webpages on LGBTQIA+ people.
SNAP 2 actions that address human rights problems faced by LGBTQIA+ people in Scotland target issues of poverty, food insecurity, housing, stigma and discrimination, gaps in disaggregated equality and human rights data gathering and analysis, health and wellbeing, private and family life, personal autonomy, justice, environmental rights, violence and abuse, online bullying and harassment, education, unpaid caring, and participation in decision-making.
Older People
In Scotland, older people face a range of human rights problems, including – but not limited to – ageism, poverty, barriers to education, decent work and participation in decision-making, violence, abuse and neglect, and social exclusion. Older people have been disproportionately impacted by COVID-19. Recent reports have document many of these issues include:
Is Scotland Fairer? (Equality and Human Rights Commission, 2018)
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
ICESCR Joint Report to the UN Committee on Economic Social and Cultural Rights (Human Rights Consortium and others, 2022).
The Scottish Government has committed to ensuring that incorporation will include a right for older people to live a life of dignity and independence. The Scottish Government’s UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other duty bearers are doing to respect, protect and fulfil older people’s rights.
SNAP 2 actions that address human rights problems faced by older people in Scotland target issues of poverty, food insecurity, housing, stigma and discrimination, gaps in disaggregated equality and human rights data gathering and analysis, environmental rights, health and wellbeing, violence and abuse, online bullying and harassment, justice, education, unpaid caring, and participation in decision-making.
Unpaid Carers
Unpaid carers in Scotland experience many human rights issues, including – but not limited to – poverty, barriers to education, decent work and participation in decision-making, and the ability to make a free and active choice about unpaid caring. Unpaid carers – the majority of whom are women – have been disproportionately impacted by COVID-19 and the cost of living crisis. Recent reports have highlighted many issues. This includes the following.
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
State of Caring 2022 (Carers UK, 2022).
Response to the National Care Service Call for Evidence (National Carer Organisations, 2022).
The Scottish Government’s 2022 UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other duty bearers are doing to respect, protect and fulfil unpaid carer’s rights, through law, policy and other action plans. Relevant information can also be found on the Scottish Government’s dedicated webpages on unpaid carers.
SNAP 2 actions that address human rights problems faced by unpaid carers in Scotland target issues of poverty, food insecurity, housing, gaps in disaggregated equality and human rights data gathering and analysis, health and wellbeing, environmental rights, education, participation in decision-making, and private and family life.
Women
Women in Scotland face numerous human rights problems, including – but not limited to – misogyny, sexism, poverty, violence and abuse, barriers to health and social care, education, fair work, and participation in decision-making. Women represent the majority of lone parents, unpaid carers, and people working in social care, and have been disproportionately impacted by COVID-19 and the cost of living crisis. Recent reports have highlighted many of these issues, including:
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
ICESCR Pre-sessional Shadow Report (Engender and others, 2022).
ICESCR Report to the UN Committee on Economic, Social and Cultural Rights (Health and Social Care Alliance Scotland, 2022).
CEDAW Follow up to Concluding Observations (Engender, 2021).
Incorporating CEDAW and other international human rights treaties into Scots law could have a profound effect on the legal protection of women’s rights. Amongst other reports, the Scottish Government’s 2022 UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other public bodies are doing to progress gender equality, including through law, policy and other action plans. Relevant information can also be found on the Scottish Government’s dedicated webpages on gender equality.
SNAP 2 actions that address human rights problems faced by women in Scotland target issues of poverty, food insecurity, housing, stigma and discrimination, health and wellbeing, intersectional data gathering and analysis, private and family life, personal autonomy, justice, gender-competent professional development, environmental rights, violence and abuse, online bullying and harassment, education, unpaid caring, and participation in decision-making.
Poverty and the Cost of Living Crisis
People across Scotland are currently experiencing a profound cost of living crisis, which means that the price of things is going up but incomes – from wages or social security – are not increasing at the same rate. This negatively affects people’s ability to pay for essential items like food, heating, hygiene products, transport, groceries, rent, and mortgages.
Even before the current crisis, people in Scotland were living with unacceptable levels of poverty, and rates are rising. Poverty interferes with the realisation of many interrelated human rights, like the right to live with dignity, to an adequate standard of living, to food, decent housing, good mental and physical health, education, fair work, independent living, equality and freedom from discrimination. People in poverty and on low incomes have been disproportionately impacted by COVID-19. Reports by the Poverty and Inequality Commission document the impact of poverty from before the pandemic onwards.
Some people in Scotland are particularly affected by poverty and the cost of living crisis, and their rights are most at risk. This includes – but is not limited to – children, disabled people, Black and minority ethnic people, lone parents, migrants, refugees and people seeking asylum, unpaid carers, and women.
Across the UK – including in Scotland – thousands of workers have taken industrial action to improve pay and conditions and ease the cost of living burden. However, both the UK and Scottish Government, as well as local government in Scotland, have indicated that rising costs and inflation are having a serious impact on public finances and their ability to continue to provide the same levels of budget and services.
Incorporation of ICESCR and other international treaties into Scots law could substantially improve the legal protection of rights that are badly impacted by poverty and the cost of living crisis. Amongst other reports, the Scottish Government’s 2022 UPR Position Statement and ICESCR Position Statement set out recent and ongoing work it and other duty bearers are doing to tackle poverty and the cost of living crisis. Relevant information can also be found on the Scottish Government’s dedicated webpages on the cost of living crisis, poverty and social justice.
SNAP 2 actions that address the human rights problems caused by poverty and the cost of living crisis target issues like prevention, stigma, food, housing, work, education, gaps in disaggregated equality and human rights data gathering and analysis, participatory policy-making, and human rights budget work.
Health and Social Care
Health and social care services in Scotland are under immense pressure. Many people are unable to fully realise their right to good physical and mental health and access the right services, in the right place, at the right time. For some people – including, but not limited to, people living with long term conditions, disabled people including people with learning disabilities and autistic people, women, Black and minority ethnic people, and LGBTQIA+ people – these are long-standing problems that pre-date the current crisis. Some people experience particular barriers to their right to health and social care. Recent reports that highlight some of the issues include:
Submission to the United Nation’s Committee on Economic Social and Cultural Rights (SHRC, 2022).
ICESCR Pre-sessional Shadow Report (Engender and others, 2022).
ICESCR Report to the UN Committee on Economic, Social and Cultural Rights (Health and Social Care Alliance Scotland, 2022).
CEDAW Follow up to Concluding Observations (Engender, 2021).
CRPD Shadow Report 2022 (Inclusion Scotland, 2022)
Scottish Mental Health Law Review – Final Report (2022)
Independent Review of Adult Social Care in Scotland (Scottish Government, 2021)
With incorporation of international human rights treaties, the right to health and rights related to social care could be strengthened in Scots law. Information about action being taken by the Scottish Government to tackle problems in health and social care can found on their dedicated web pages. The Scottish Government’s UPR Position Statement and ICESCR Position Statement also set out recent and ongoing work it and other duty bearers are doing to advance human rights in health and social care.
SNAP 2 actions that address the human rights problems in health and social care target issues like prevention, participation in decision-making, the health rights of women, disabled people, LGBTQIA+ people, and Black and minority ethnic people, gaps in disaggregated equality and human rights data gathering and analysis, an independent review of rights-based health and social care standards, and human rights budget work.
COVID-19 and Pandemic Recovery
The COVID-19 pandemic has had a significant impact on people’s rights across Scotland. It has also strongly highlighted many of the pre-existing inequalities that continue to prevent some people from being able to fully realise their rights.
People whose rights have most been affected by COVID-19 include – but are not limited to – children and young people, Black and minority ethnic people, disabled people, including people with learning disabilities and autistic people, older people, people in poverty and those on low incomes, unpaid carers, and women.
A joint report by the Scottish Government and COSLA demonstrates how COVID-19 has impacted on these groups as well as progress to achieve Scotland’s National Outcomes. The SHRC has also documented several human rights issues during the course of the pandemic. Another report from civil society highlights gaps in rights-based decision-making by public bodies’ in relation to COVID-19.
A report by the Scottish Government’s Social Renewal Advisory Board underlined the urgent need for human rights to anchor policy and decision-making as Scotland moves through and beyond the pandemic. The independent COVID-19 inquiry has indicated it will take a rights-based approach.
Like other countries around the world, Scottish Government and other public bodies took unprecedented action to tackle the pandemic and mitigate its affects. A wide range of relevant information can be found on the Scottish Government’s dedicated coronavirus webpages.
SNAP 2 has an important role to play in delivering actions that relate to Scotland’s experience of COVID-19, and learning from the pandemic is one of the plan’s eight priorities. Specific SNAP 2 actions target issues like participatory and rights-based policy-making, transparency in public bodies’ decision-making and information-sharing, the rights of unpaid carers and older people, and digital access.
Brexit and UK Regression
As a consequence of the UK’s exit from the EU, the legal protection of the EU Charter of Fundamental Rights is lost. In addition, there are several UK Government proposals that potentially threaten human rights protections. This includes the Nationality and Borders Bill, the Retained EU Law Bill, the Strikes (Minimum Service Levels) Bill, and efforts to ‘overhaul’ the Human Rights Act 1988.
By creating a legal framework for international human rights in Scots law, incorporation could reduce the impact of regressive activity on rights at the UK level. Preparing and delivering on incorporation is one of SNAP 2’s eight priorities. The actions will help ensure that incorporated rights deliver real improvements to people’s outcomes, with monitoring and accountability at their centre.
The Climate Emergency
Like other countries, Scotland needs to prioritise environmental protection from a human rights perspective. Access to a clean and healthy environment is a human right, and there are strong connections between this and other rights like the right to health, to an adequate standard of living, to food, decent housing, and freedom from discrimination.
There are a number of substantive environmental problems in Scotland. Many people, particularly people who live in areas of high deprivation, suffer from pollution, poor environmental quality, close proximity to derelict land, and poor access to biodiverse or multifunctional greenspace, all of which exacerbate health inequalities. Children, older people, disabled people including people with learning disabilities and autistic people, and people with health problems are hardest hit. In addition, people in poverty and on low incomes are less resilient to the impacts of climate change because they have fewer resources to adapt and recover.
Incorporating the right to a healthy environment into Scots law could greatly strengthen its justiciability. Information about action being taken by the Scottish Government to tackle climate change can be found on their dedicated web pages. The Scottish Government’s UPR Position Statement and ICESCR Position Statement also set out recent and ongoing work it and other duty bearers are doing to advance human rights and the environment.
SNAP 2 actions that address the environment target issues like access to information, and gaps in systematic data gathering and comprehensive analysis.
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