Incorporating International Human Rights: The protection of Care Experienced People’s Rights in the Scottish Human Rights Bill

Scott, D. (2023) Incorporating International Human Rights: The protection of Care Experienced People’s Rights in the Scottish Human Rights Bill. Project Report. Human Rights Consortium Scotland.

Abstract

The Human Rights Consortium Scotland commissioned this report in partnership with Who Cares? Scotland to explore the potential impact of the proposed Scottish Human Rights Bill for protecting the rights of Care Experienced people. The report focuses on the domestic and international law dimensions of this question, in order to understand how best to integrate Care Experienced people into the Bill as proposed. The report has three sections: • First, the report begins with an outline of the SHRB as it appears in the Consultation, identifying how it will change the actions of public authorities in Scotland and place human rights at the centre of decision-making and government. • Second, it considers evidence of the specific needs of Care Experienced people and the potential for the SHRB to better support the realisation of their human rights. • Finally, the report offers an analysis of four ways in which Care Experienced people could be offered specific protection under the SHRB. Care Experienced people, like many people who face disadvantage in Scotland, stand to benefit from the introduction of economic, social, and cultural rights into Scots law. Yet Care Experienced people also face specific forms of discrimination and embedded inequality which require particular consideration and targeted intervention. While recognition in guidance, international law, and outcome monitoring would go some way towards this goal, this report shows that the most secure way to ensure Care Experienced people’s rights are protected is to recognise them in the text of the Bill. To do so would be consistent with the Scottish Government’s wider efforts to keep its promise to Care Experienced people and make a real difference to the effective protection of their rights.

• Item Type: Research Reports or Papers (Project Report)
• Status: Published
• Glasgow Author(s) Enlighten ID: Scott, Dr David
• Authors: Scott, D.
• Subjects: K Law > K Law (General)
• College/School: College of Social Sciences > School of Law
• Publisher: Human Rights Consortium Scotland