Don't curb human rights, ministers and Commission argue

Submissions opposing any reduction in the protections offered by the Human Rights Act 1998 have been published by both the Scottish Government and the Scottish Human Rights Commission.

Each was responding to the UK Independent Human Rights Review, set up by the UK Government to review the Act. It is feared that the Government in London is looking for ways to reduce the protections under the Act.

Giving its response, the Scottish Government makes clear that:

• no changes to the Human Rights Act should be made which have the effect of weakening or removing existing safeguards;
• there must be no changes to the Human Rights Act without the consent of the Scottish Parliament;
• the United Kingdom must remain a full signatory to the European Convention on Human Rights and a member of the Council of Europe.

Equalities and Human Rights Secretary Shirley-Anne Somerville commented: "The Human Rights Act is one of the most important and successful pieces of legislation ever passed by the UK Parliament. It has protected the rights of people throughout the UK for over two decades. All of Scotland’s public authorities have a legal duty to act compatibly with the rights set out in the Act.

"Our submission to the review highlights the impact that any changes to the Act could have in eroding human rights. The Act is at the heart of Scotland’s devolved constitutional arrangements. No changes that would impact on Scotland should be made without the explicit consent of the Scottish Parliament."

In its submission the Commission makes clear its concern that changes being considered could make it harder for people to enforce their rights in Scotland, as well as having the potential to undermine devolution arrangements, and run counter to work underway in Scotland to strengthen legal protection for people’s rights.

It argues that domestic courts have acted appropriately in applying ECHR rights under the Act in a national context and should continue to be free to do so. This ensures state accountability for the implementation of rights at a national level. The obligation to interpret legislation compatibly with ECHR rights "secures compliance with ECHR rights, as intended by Parliament, in the least burdensome way for people themselves, government and Parliament".

Judith Robertson, chair of the Commission, said: "The Human Rights Act helps people to enforce their rights and hold governments and public authorities to account for violations. It is an important law that helps make our rights a meaningful reality in areas like privacy, protection from violence and abuse, and family life.

"Yet the UK Government is once again looking to limit the Human Rights Act. The changes foreshadowed by this latest review could have regressive consequences for the protection of  everyone’s rights, whittling away legal protections, reducing access to justice, and leaving the state less accountable for its actions."

She added: "We know from our work across Scotland that people here support stronger legal protection for all of our rights. They want to see human rights laws go forwards, not back."