What are human rights?

Human rights are the basic rights and freedoms which everyone is entitled to. We are all entitled to human rights in order to live with dignity. Human rights demand recognition and respect for the inherent dignity and value of every human being.

Human rights include civil and political freedoms such as freedom of expression, and freedom from inhuman and degrading treatment. They also include economic, social and cultural rights, such as the right to an adequate standard of living, including adequate housing, the right to the highest attainable standard of health, and the right to education. Human rights provide the shared values and the legal basis to ensure that everyone is protected against abuses which undermine their dignity, and give the opportunities they need to to realise their full potential, free from discrimination.

 

Human rights in Scotland

The Commission promotes and protects the human rights guaranteed by the European Convention on Human Rights, which form part of the law of Scotland through the Human Rights Act 1998 and the Scotland Act 1998. The Commission also promotes and protects other human rights which have been guaranteed by international conventions ratified by the UK. You can read a list of all the international human rights conventions in the International section.

What is the Human Rights Act?

The Human Rights Act gives people in Scotland the opportunity to have their human rights legal case heard in a Scottish court. The Human Rights Act contains the rights which are included in the European Convention on Human Rights.

What does the Human Rights Act do?

The Human Rights Act makes it unlawful for a public authority (such as a local authority or a court) to act, or fail to act, in a way that is incompatible with a Convention right - all public authorities must look through a lens of human rights when they are interpreting the law. If you feel that one or more of your rights have been breached by a public authority, you can raise the matter in a court. If you are unhappy with the decision and have pursued the issue as far as it can go in the UK, you can take your complaint to the European Court of Human Rights.

What is the European Convention on Human Rights?

The European Convention on Human Rights (ECHR) was drafted by the nations
European Court of Human Rights in Strasbourg
of the Council of Europe (including the UK) in the aftermath of World War II. The Council of Europe was founded to defend human rights, democracy and the Rule of Law. The Convention allows people who feel their rights have been violated by a state party (a national government) and who cannot get a remedy at the national level to take their case to the European Court of Human Rights.