Scotland must turn rhetoric into action to improve lives
Human rights start at home - and nowhere is this clearer than in our economic, social and cultural rights (ESC Rights) says our Chair Professor Angela O’Hagan
Housing, work, healthcare, food, education and access to social security - these are all ESC rights, protected by international human rights treaties.
This week the Scottish Human Rights Commission is giving evidence to the United Nations Committee on Economic, Social and Cultural Rights about the state of these rights in Scotland as part of its regular scrutiny and review processes. The findings make bleak reading.
People in Scotland are increasingly vulnerable to homelessness, soaring prices, falling incomes and the social injustice caused by poverty. We find that as people struggle on through the cost of living crisis, government and those with obligations to protect human rights are failing to meet many basic human rights, such as accessible healthcare and affordable food for all. Plus, a complex, expensive legal system means there is little access to justice when things go wrong.
Had the Scottish Government honoured its commitment to making these rights real in law in Scotland, then people would have had a direct route to justice, and public authorities would have clearer obligations in law to keep improving the situation, regardless of the priorities of any party of Government. As the future of the Human Rights Bill is unclear until the next session of the Scottish Parliament in 2026, we are left wondering how the Scottish Government – now and in the future – will ensure rights for all are met.
So what's going wrong, and how could things get better? Our evidence to the Committee is drawn from a recent rights monitoring report we published on ESC Rights in the Highlands and Islands. We heard about issues with health, housing and food across the Highlands and Islands, which many communities had raised over many years. The Commission framed these daily issues as human rights concerns, using a framework based on the UN Committee’s remit, and strengthening the community voice. This framework is now available to all public bodies to use to help them to plan to realise economic, social and cultural rights for people living Scotland’s local communities.
And this is really important. Because in preparing our evidence to the Committee, we also engaged with a range of organisations from across civil society and regulatory and other public bodies. Across all these conversations, there was little evidence of a human rights-based approach at the decision-making level within local authorities, health boards and government to tackle them.
After several decades in human rights, this doesn't surprise me. Time after time, I meet people who shape policies and practice, yet are blocked from taking a human rights-based approach by a lack of understanding or the practical skills.
Putting people first is a human-rights based approach, and the Scottish Government and public bodies have an obligation to ensure that the right to housing, food, clothing, healthcare, education and the right to work are all met.
As Chair of Scotland's National Human Rights Institution, I have the privilege of presenting people’s lived experience to the United Nations Committee. I will not be saying anything in Geneva the Commission has not already said directly to the Scottish Government, including to show greater leadership in securing rights for all, and embedding a human rights budgeting approach to decisions about how public services are organised and money is allocated in Scotland.
This is vital if the Scottish Government is to move from rhetoric to action to demonstrate accountability and use human rights frameworks to progress rights and dignity for all.
At the same time as we are engaging with the international processes, the Commission is returning the Highlands and Islands in February and March 2025. We will be sharing our report and the calls to action with local communities and meeting local authorities and others, working with them on our framework on putting rights into practice.
Read our full ICESCR report or Executive Summary on our website at www.scottishhumanrights.com.
Join us at our community events on ESC Rights in the Highlands and Islands. You can sign up via Eventbrite.
If any public authority would like to talk to us to learn more about our ESC Rights Framework, please contact chairandexcutive@scottishhumanrights.com.