National Advisory Council on Women and Girls report: Scottish Government response

Creating Conditions

Under the theme of “Creating Conditions” the NACWG makes the following recommendation to the Scottish Government:

“We also call for the expansion of the mandate of the Scottish Human Rights Commission, with sufficient resourcing to allow it to take on cases on behalf of individuals.”

An additional recommendation calls on the Scottish Human Rights Commission (SHRC) to appoint a Commissioner tasked specifically with leading work to realise rights for all women and girls, as set out in the UN Convention on the Elimination of All Forms of Discrimination Against Women, the Istanbul Convention and other international instruments.

Expanding the remit of the SHRC

We accept the NACWG’s recommendation and will engage with the SHRC and the Scottish Parliament to consider how an extension of powers could be delivered and adequately resourced.

A similar recommendation to that made by the NACWG was made by the National Taskforce for Human Rights Leadership (“the Taskforce”) and has also been accepted by the Scottish Government^[17].

This recommendation says that “The Scottish Human Rights Commission (SHRC) should be given additional powers including taking test cases and conducting investigations and any further extended powers should be considered”.

Extending the powers of the SHRC, as proposed by the NACWG and the Taskforce, would support the effective implementation of the new Human Rights Bill.

How will we take this recommendation forward?

The SHRC is the national human rights institution for Scotland. It was created by the Scottish Commission for Human Rights Act 2006 (“the 2006 Act”), an Act of the Scottish Parliament which sets out the functions of the SHRC and makes provisions for its membership.

The SHRC’s general duty, described at section 2 of the 2006 Act, is to promote awareness, understanding and respect of, and encourage best practice in relation to human rights. It also has power to conduct inquiries. However, section 6 of the 2006 Act stipulates that the SHRC has no power to assist in claims or legal proceedings and it may not provide assistance, including advice, guidance or grants, to or in respect of any person in connection with any claim or legal proceedings, though it can intervene in civil proceedings in some circumstances under section 14.

Therefore, at present, the SHRC does not have power to “take on cases on behalf of individuals” as recommended by the NACWG or to take “test cases” as recommended by the Taskforce. This is expressly prohibited by section 6 of the 2006 Act. Any change to the functions or powers of the SHRC therefore requires legislation.

We will take forward work in relation to extending the powers of the SHRC as part of the overall development of the Human Rights Bill, working closely with the SHRC, and other key stakeholders, along with the Scottish Parliamentary Corporate Body (SPCB).

Specifically, further consideration and discussion is required to determine how an extension of the SHRC’s powers can most effectively be delivered. In relation to resourcing, funding for the SHRC is a matter for the SPCB, which would have to take a decision on funding for additional powers in due course.

Appointing a Women’s Commissioner

The NACWG also calls on the SHRC to appoint a Commissioner tasked specifically with leading work to realise rights for all women and girls.

The Scottish Government recognises the independence of the SHRC and while we are supportive of the NACWG’s recommendation in principle, we are clear that the appointment of a “Women’s Commissioner” as described by the NACWG is a matter for the SHRC and the SPCB. However, we would be happy to discuss the NACWG’s recommendation with the SHRC and the SPCB, should they welcome further engagement with us.