About our monitoring role

Under our founding legislation, the Scottish Commission for Human Rights Act 2006, the Commission has a general duty to promote and encourage best practice for human rights.

An important part of this duty is monitoring how human rights are being experienced in Scotland. Independent monitoring can

  • highlight where things are going wrong early so that Governments and Parliaments can step in address or prevent violations of rights
  • hold Governments and Parliaments accountable for their actions or failures to act by applying a consistent framework over time and regularly reminding them of their legal obligations
  • promote transparency, collaboration and the rule of law, including through making independent conclusions and recommendations

Traditionally, the Commission has done most of its human rights monitoring through our international treaty monitoring work, which involves assessing the impact of specific treaties and reporting our findings to international human rights bodies like the United Nations and the Council of Europe. While this is important and necessary work, these reports are limited by a narrow focus on specific treaties.

As Scotland’s National Human Rights Institution, the Commission is uniquely placed to take a big picture view of human rights, the gaps and progress. State of the Nation reports seek to knit together all the recent data we have on human rights in Scotland from international treaty monitoring work, as well as from our new Spotlight Projects, to provide a bigger and clearer picture of how people are experiencing their rights in Scotland today.

About this work

An important priority identified in the Commission’s Strategic Plan 2024-28 which has informed this work is our commitment to hold public bodies to account where human rights are not upheld, and help them to do better.

State of the Nation reports aim to support the Scottish Parliament and other public bodies to understand and meet their obligations under human rights law. At the national level, monitoring is essential to progress recommendations, decisions and judgments from accountability bodies that need to be addressed by the Scottish Government, Parliament and other public sector bodies.

We hope that these reports will also be useful to civil society, human rights defenders and rights holders in Scotland.

What we've done so far

Civil and Political Rights

The Commission's first annual State of the Nation report to the Scottish Parliament was published on Human Rights Day – 10th December – 2024 and focuses on civil and political rights. The report covers the period from September 2023 to September 2024, following the established timeframe of the Programme of Government cycle.

The report focuses on civil and political rights, the rights that protect people from harms by the state and rights to participate in decisions fairly. They include access to justice, fair trials, fair processes and the treatment of people in prison and other places where they might be detained.

Concerns highlighted in the report include barriers in accessing justice, including chronic challenges in the legal aid system, failure to implement recommendations to protect the right to life and protection from inhumane treatment and punishment in places of detention, and emerging evidence that Scotland is not meeting human rights standards concerning deinstitutionalisation of people with learning disabilities and/or autistic people.

 

                      Front cover of a report titled "State of the Nation 2024: Civil and Political Rights in Scotland." In the middle of the page is a map of Scotland under a magnifying glass. Around the magnifying glass are icons representing civil and political rights including a hand voting, a prison lock, a beating heart for the right to life and a judge's gavel in a fair trial

Have 5 minutes? 

Read our Briefing to Parliament on the report.

Have more time?

Read the full State of the Nation report below.  Available as an accessible PDF.

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What we will do next

We will publish State of the Nation reports annually on Human Rights Day – 10th December. Next year’s report will look at economic, social and cultural (ESC) rights.

How to find out more

For further information, contact us on hello@scottishhumanrights.com

For media enquiries about this project, please contact media@scottishhumanrights.com