Issues

A non-exhaustive list of issues raised during the development of SNAP 2 includes:

• Rights holders must be supported to participate freely, meaningfully and actively in creating and implementing new legislation that will incorporate international human rights into domestic Scots law. Targeted action is needed to ensure that people whose rights are most at risk – who are often excluded from decision-making – are fully involved.
• Some people from Black and minority ethnic communities can be excluded from participation in decision-making due to systemic and structural racism. Proactive action is needed to ensure that the diversity of people from Black and minority ethnic communities are able to participate freely, meaningfully and actively in creating new legislation that will incorporate international human rights into domestic Scots law.
• The Scottish Human Rights Bill will necessitate setting minimum core obligations for all the economic, social and cultural rights that will be incorporated. If not, duty bearers will not understand the minimum that they are responsible for, and the rights will not be justiciable in law. Rights holders must be supported to participate freely, meaningfully and actively in setting the minimum obligations, alongside duty bearers.
• Rights holders living in social and private rented housing – and particularly those whose rights are most at risk – must be supported to participate freely, meaningfully and actively in setting the minimum obligations for the right to housing.
• Incorporating the right to housing into domestic Scots law will require duty bearers to take a rights-based approach, progressively realise and be held accountable for this right. Work is needed to ensure relevant duty bearers – like Registered Social Landlords – begin work and are prepared for their obligations as soon as possible.
• There has never been an independent review of the rights-based Health and Social Care Standards, which apply across all of health, social care, and social work. It is therefore unclear how duty bearers use these rights-based standards, or if they achieve positive human rights outcomes for people who access services and unpaid carers. Incorporation may require the development of new rights-based standards across a broad range of public service provision, which will need independent evaluation to measure progress and identify gaps where improvements are needed.

Actions

• Scottish Government and Scottish Parliament to continue to develop and evaluate innovative and effective ways to ensure that people whose rights are most at risk engage with, directly inform, and shape the proposed new human rights law and its implementation.
• Scottish Government and Scottish Parliament to develop and deliver a plan of engagement with the diversity of members of Black and minority ethnic communities in Scotland to ensure that their experiences directly inform and shape the proposed new human rights law and its implementation. This engagement must ensure that barriers to engagement that people from ethnic minority backgrounds face are explicitly addressed, including, but not limited to: discrimination, lack of trust (by rights holders and duty bearers), and systemic and institutional racism.
• Facilitate rights holder participation (tenants in private and public housing) to develop minimum core standards of the right to housing in Scotland.
• Scottish Government and Scottish Parliament to develop and deliver a rights-based participatory process, including with people whose rights are most at risk, to define the minimum core obligations of incorporated economic, social, cultural and environmental rights.
• Develop a framework for social housing decision-makers, including Registered Social Landlords and local authorities, to help them: (a) take a rights-based approach; (b) ensure the progressive realisation of the right to housing; and (c) prepare for accountability on compliance. Particular focus on those whose right to housing is most at risk, including disabled people, people with learning disabilities, older people, Black and minority ethnic people, refugees and asylum seekers, and care experienced people.
• Carry out a human rights review of the Health and Social Care Standards to assess: (a) how local authorities, NHS Health Boards, private and third sector service providers use the Standards; (b) how scrutiny bodies use the Standards; and (c) the impact of the Standards on people who access services and unpaid carers.

End of page.