UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response
This position statement provides our detailed response to recommendations issued to the United Kingdom by the UN Human Rights Council following its November 2022 Universal Periodic Review of the United Kingdom's overall human rights record.
Footnotes
1 The Prisons and Young Offenders Institutions (Scotland) Rules 2011 (legislation.gov.uk)
3 Universal Periodic Review 2022: Scottish Government Position Statement - gov.scot (www.gov.scot)
4 United Kingdom Review - 41st Session of Universal Periodic Review | UN Web TV
5 Input from Northern Ireland was constrained by the absence of a functioning Northern Ireland Executive.
7 UK’s Response to 4th Universal Periodic Review - GOV.UK (www.gov.uk)
8 National Outcomes | National Performance Framework
9 THE 17 GOALS | Sustainable Development (un.org)
10 Universal Periodic Review | OHCHR
11 A Human Rights Bill for Scotland: consultation - gov.scot (www.gov.scot)
12 National Taskforce for Human Rights: leadership report - gov.scot (www.gov.scot)
13 The Core International Human Rights Instruments and their monitoring bodies | OHCHR
14 United Nations treaties ratified by the UK - gov.scot (www.gov.scot)
15 International Covenant on Civil and Political Rights | OHCHR
16 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | OHCHR
17 International Covenant on Economic, Social and Cultural Rights | OHCHR
19 International Convention on the Elimination of All Forms of Racial Discrimination | OHCHR
20 Convention on the Rights of Persons with Disabilities | OHCHR
22 Human Rights | National Performance Framework
23 Children and Young People | National Performance Framework
26 Reconsideration Stage | Scottish Parliament Website
27 Recommendation 24 does not pertain to devolved matters in Scotland, but the Scottish Government notes the concerns expressed by the Northern Ireland Human Rights Commission. Publication - NI Human Rights Commission Advice on the Bill of Rights Bill | Northern Ireland Human Rights Commission (nihrc.org) The Human Rights Act 1998 extends to all parts of the UK and is central to all three devolved settlements and the Scottish Government opposes any erosion or diminution of the Convention rights established in domestic law by the 1998 Act.
28 In relation to recommendation 49, the Scottish Government supports the principles underlying this recommendation. Implementation will be achieved in Scotland by incorporating children’s rights (within the limits of devolved competence) by means of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill – Bills (proposed laws) – Scottish Parliament | Scottish Parliament Website
29 The Scottish Government supports recommendation 50 but notes that immigration and asylum are reserved to the UK Parliament and handled by the Home Office. Restrictions on asylum rights which are applied through reserved immigration legislation and rules apply across the UK, including Scotland, and are not within the competence of the Scottish Parliament.
30 The Scottish Government supports the principles underlying recommendation 109 but stresses the full independence of the Scottish courts and the importance of maintaining a proper constitutional separation of powers. It is for the courts themselves to decide how best to take account of measures and judgments issued by the European Court of Human Rights.
31 Human Rights Act 1998 (legislation.gov.uk)
32 Scotland Act 1998 (legislation.gov.uk)
33 S6M-07133 | Scottish Parliament Website
34 Illegal Migration Act 2023 (legislation.gov.uk)
35 Universal Periodic Review 2022: Scottish Government Position Statement - gov.scot (www.gov.scot)
37 UK response to UN Committee Against Torture's list of issues - GOV.UK (www.gov.uk)
38 The Scottish Government condemns the enforced disappearance of all persons in the strongest possible terms.
39 The Scottish Government is clear that the right to freedom of expression does not confer a right to act in a way that negates the human rights of other members of society.
40 Although defence policy is reserved to the UK Government, the Scottish Government expects the UK Ministry of Defence to comply fully with the requirement to ensure that those recruited into the armed forces, including those from Scotland, do not see active service in conflict before the age of 18.
41 The Scottish Government will seek, to the extent allowed by devolved competence, to support migrant workers in Scotland and to ensure they are treated with fairness and respect, in accordance with all applicable human rights requirements.
42 The Scottish Government is committed to fulfilling the cultural rights set out in all relevant international treaties, including ICESCR and the Council of Europe’s Framework Convention on the Protection of National Minorities (“FCNM”) and European Charter for Regional and Minority Languages (“ECRML").
48 British Sign Language (BSL): national plan 2023 to 2029 - gov.scot (www.gov.scot)
50 Equality and Human Rights Fund: projects funded - gov.scot (www.gov.scot)
51 Strategic Police Priorities - gov.scot (www.gov.scot)
52 Code of Ethics for policing in Scotland - Police Scotland
53 Police Scotland and Scottish Police Authority Joint Equality Outcomes for Policing 2021
54 Police Scotland Equality, Diversity and Inclusion Strategy 2022/26
55 The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (legislation.gov.uk)
56 Women's health plan: progress report - gov.scot (www.gov.scot)
57 Women's health | NHS inform
58 The Best Start: A Five-Year Forward Plan for Maternity and Neonatal Care in Scotland (www.gov.scot)
59 Telemedicine early medical abortion at home: evaluation - gov.scot (www.gov.scot)
60 Introduced | Scottish Parliament Website
61 Gender Representation on Public Boards (Scotland) Act 2018 (legislation.gov.uk)
62 2022 - Diversity Stats Scotland.xlsx (judiciary.scot)
63 Immigration and asylum are reserved to the UK Parliament and handled by the Home Office. Rules and restrictions applied as a result of reserved immigration legislation and UK Government policies (e.g. No Recourse to Public Funds) apply across the UK, including in Scotland. The Scottish Government does not have competence to make different arrangements in these areas.
64 Developing National Anti-Racism Infrastructure: Interim Governance Group - gov.scot (www.gov.scot)
65 Anti-racism in Scotland: progress review 2023 - gov.scot (www.gov.scot)
66 Ethnicity in the justice system: evidence review - gov.scot (www.gov.scot)
67 Hearings in Scottish courts - ethnicity of individuals: analysis - gov.scot (www.gov.scot)
68 Mental health and wellbeing strategy - gov.scot (www.gov.scot)
69 Coronavirus (COVID-19): mental health - transition and recovery plan - gov.scot (www.gov.scot)
70 Mental health and wellbeing strategy: delivery plan 2023-2025 - gov.scot (www.gov.scot)
71 Communities Mental Health and Wellbeing Fund guidance
72 Communities Mental Health and Wellbeing Fund for adults: evaluation - gov.scot (www.gov.scot)
73 Communities Mental Health and Wellbeing Fund for dults: year 2 - monitoring and reporting summary - gov.scot (www.gov.scot)
74 Mental health and wellbeing strategy - gov.scot (www.gov.scot)
75 Mental health and wellbeing : workforce action plan 2023-2025 - gov.scot (www.gov.scot)
76 Mental health and wellbeing strategy: delivery plan 2023-2025 - gov.scot (www.gov.scot)
77 Equality and Human Rights Fund: projects funded - gov.scot (www.gov.scot)
78 Fair Work action plan: becoming a leading Fair Work nation by 2025 - gov.scot (www.gov.scot)
79 Principles of Engagement - Faith and belief engagement strategy - gov.scot (www.gov.scot)
80 Programme for Government 2021 to 2022 - gov.scot (www.gov.scot)
81 Agreement with Scottish Green Party - gov.scot (www.gov.scot)
82 Outcomes and Equalities - Programme for Government 2023 to 2024 - gov.scot (www.gov.scot)
83 Gender Recognition Reform Bill passed - gov.scot (www.gov.scot)
84 Scotland Act 1998 (legislation.gov.uk)
85 Judicial Review of the Gender Recognition Reform (Scotland) Bill
86 Non-binary equality action plan - gov.scot (www.gov.scot)
87 The Scottish Government is committed to tackling all forms of hatred and prejudice and would welcome further clarity on the “shortcomings” referred to in this recommendation. Once in force, the Hate Crime and Public Order (Scotland) Act 2021 will modernise, consolidate, and extend existing hate crime legislation in Scotland.
88 The Scottish Government response to this recommendation reflects paragraphs 74(a)(iii), 74(n), and 74(r) of the 2019 report of the UN Special Rapporteur (“UNSR”) on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (UN Ref: A/HRC/41/54/Add.2). The following competence caveats apply:
- The Scottish Government’s support for this recommendation extends to the elements of this recommendation that are within devolved competence (i.e. paragraph 74(r) of the UNSR’s report).
- With regard to paragraph 74(a)(iii), the decision to ratify treaties and their optional protocols or to make reservations and interpretive declarations is a reserved matter. However, the Scottish Government is clear that the right to freedom of expression does not confer a right to act in a way that negates the human rights of other members of society.
- With regard to paragraph 74(n), counter-terrorism and the PREVENT strategy are reserved matters.
89 Hate Crime Strategy for Scotland. March 2023
90 Hate Crime and Public Order (Scotland) Act 2021 (legislation.gov.uk)
91 Misogyny – A Human Rights Issue - gov.scot (www.gov.scot)
92 Police recorded hate crime - characteristics: updated study - gov.scot (www.gov.scot)
93 Hate Crime in Scotland 2022-23 | COPFS
94 Characteristics of police recorded hate crime in Scotland: study - gov.scot (www.gov.scot)
95 Anti-Racism in Education Programme - gov.scot (www.gov.scot)
98 Racism and Racist Incidents sub group - gov.scot (www.gov.scot)
99 In relation to recommendation 41 – the decision to ratify treaties and their optional protocols or to make reservations and interpretive declarations is a reserved matter. However, Scottish Ministers have written to the UK Government asking it to withdraw the UK’s reservation on Article 59.
100 Delivering Equally Safe Fund: projects funded - gov.scot (www.gov.scot)
101 NRS Web Continuity Service (nrscotland.gov.uk)
103 Domestic Homicide Review Taskforce - gov.scot (www.gov.scot)
104 HMICS | HMICS Thematic Inspection of Domestic Abuse Phase 1 - Terms of Reference
105 Domestic Abuse (Scotland) Act 2018 (legislation.gov.uk)
106 New domestic abuse powers ‘better reflect experience of victims’ - gov.scot (www.gov.scot)
107 Domestic Abuse (Scotland) Act 2018: interim reporting requirement - gov.scot (www.gov.scot)
108 Misogyny law consultation - gov.scot (www.gov.scot)
109 Misogyny – A Human Rights Issue - gov.scot (www.gov.scot)
110 Challenging men’s demand for prostitution: policy principles - gov.scot (www.gov.scot)
111 Women’s Justice Leadership Panel - gov.scot (www.gov.scot)
112 Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 (legislation.gov.uk)
114 Achievement of Curriculum for Excellence (CfE) Levels, 2021/22 - gov.scot (www.gov.scot)
115 Summary - Scottish Attainment Challenge - local stretch aims: 2022 to 2023 - gov.scot (www.gov.scot)
117 Attainment Scotland Fund - 2022 to 2026: evaluation strategy - gov.scot (www.gov.scot)
119 Additional Support for Learning review: action plan - November 2022 update - gov.scot (www.gov.scot)
120 Approaches to recording and monitoring incidents of bullying in schools (education.gov.scot)
121 Respect for All: national approach to anti-bullying - gov.scot (www.gov.scot)
123 The Scottish Government supports the principles underlying recommendation 215 and notes that:
- Investigations are carried out by a range of partners independent of the Scottish Government, including the police and the Care Inspectorate,
- Training for judges is a matter for the Lord President of the Court of Session, who is the head of the Scottish judiciary, independent of the Scottish Government, and has statutory responsibility for making and maintaining appropriate arrangements for the training and guidance of judicial office holders.
- Responsibility for the delivery of judicial training is delegated to the Judicial Institute which plays an active role in the European Judicial Training Network, and the International Organisation of Judicial Training.
124 Your Parenting Plan: charter for grandchildren - gov.scot (www.gov.scot)
125 Your Parenting Plan - gov.scot (www.gov.scot)
127 Race Equality Framework for Scotland 2016-2030 (www.gov.scot)
128 Race Equality Immediate Priorities Plan (www.gov.scot)
130 Monitoring racialised health inequalities in Scotland Data and evidence.
132 Care and Wellbeing Portfolio Board - gov.scot (www.gov.scot)
133 Health inequalities: Place and Wellbeing Programme - gov.scot (www.gov.scot)
134 NHS gender identity services: strategic action framework 2022-2024 - gov.scot (www.gov.scot)
135 Child Poverty (Scotland) Act 2017 (legislation.gov.uk)
136 Tackling Child Poverty Delivery Plan 2022-26 - gov.scot (www.gov.scot)
137 Tackling child poverty delivery plan: progress report 2022 to 2023 - gov.scot (www.gov.scot)
140 Fair Work action plan: becoming a leading Fair Work nation by 2025 - gov.scot (www.gov.scot)
141 Social Security (Scotland) Act 2018 (legislation.gov.uk)
143 Winter Heating Payment - mygov.scot
144 Scottish Child Payment - mygov.scot
145 Scottish Welfare Fund - help with living costs - mygov.scot
146 Scottish Welfare Fund: action plan - gov.scot (www.gov.scot)
147 Scotland’s Economic and Fiscal Forecasts – May 2023 – Scottish Fiscal Commission
148Supporting unpaid carers - gov.scot (www.gov.scot)
150 Housing to 2040 - gov.scot (www.gov.scot)
152 Cost of Living (Tenant Protection) (Scotland) Act 2022 (legislation.gov.uk)
153 Cost of Living (Tenant Protection) (Scotland) Act 2022 - 2nd proposed extension: statement of reasons - gov.scot (www.gov.scot) and The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (legislation.gov.uk)
154 Ending homelessness together: annual report 2022 - gov.scot (www.gov.scot)
155 Housing First - Homeless Network Scotland: we are all in
156 Scottish Health Survey - gov.scot (www.gov.scot)
157 Cash-First - towards ending the need for food banks in Scotland: plan - gov.scot (www.gov.scot)
158 In relation to recommendation 139, the Scottish Government supports the principles underlying this recommendation but notes that employment law and its enforcement are a reserved matter.
159 Scotland's National Strategy for Economic Transformation - gov.scot (www.gov.scot)
160 Post-school education, research and skills - purpose and principles - gov.scot (www.gov.scot)
161 Fair Work action plan: becoming a leading Fair Work nation by 2025 - gov.scot (www.gov.scot)
162 Public sector grants and funding - Fair and inclusive workplaces - gov.scot (www.gov.scot)
163 New scheme to promote fair working hours - gov.scot (www.gov.scot)
164 Living Wage Scotland | The real Living Wage (scottishlivingwage.org)
165 Close the Gap | Working on women and work
166 Home | Scottish Business Pledge
167 In relation to recommendation 136 – the Scottish Government supports the principles underlying this recommendation but notes that employment law and enforcement, including the power to mandate ethnicity pay gap reporting, is a reserved matter.
168 In relation to recommendation 270 – in the absence of powers over employment law, the Scottish Government will do all it can within devolved powers to promote and embed fair and inclusive working practices and prevent issues such as workplace bullying or harassment.
169 Universal Declaration of Human Rights | United Nations
171 Fair Work action plan: becoming a leading Fair Work nation by 2025 - gov.scot (www.gov.scot)
172 Fair Work: action plan - gov.scot (www.gov.scot)
173 A fairer Scotland for women: gender pay gap action plan - gov.scot (www.gov.scot)
174 A Fairer Scotland for Disabled People: employment action plan - gov.scot (www.gov.scot)
175 Anti-racist employment strategy - A Fairer Scotland for All - gov.scot (www.gov.scot)
176 Equality Act 2010 (legislation.gov.uk)
177 Workplace Equality | Employability in Scotland
178 Up to £2m funding for Women Returners Programme | Skills Development Scotland
Helping women return to work - gov.scot (www.gov.scot)
179 Employability Services | Employability in Scotland
180 Minority ethnic recruitment toolkit - gov.scot (www.gov.scot)
182 A Human Rights Bill for Scotland: consultation - gov.scot (www.gov.scot)
183 Environmental governance arrangements: report - gov.scot (www.gov.scot)
184 Environmental governance arrangements: report - gov.scot (www.gov.scot)
185 Framework Principles on Human Rights and the Environment (2018) | OHCHR
188 Climate change monitoring report 2023 - gov.scot (www.gov.scot)
189 Programme for Government - gov.scot (www.gov.scot)
190 Reducing greenhouse gas emissions - Climate change - gov.scot (www.gov.scot)
191 Programme for Government - gov.scot (www.gov.scot)
192 Prison conditions in Scottish prisons are not “appalling” and that suggestion is refuted. While it is a clear aspiration that we put an end to all violence, overcrowding, and racial disproportion in the prison, the Scottish Prison Services’(SPS) strategic aim is to reduce violence and effectively manage prison population in a safe and dignified way. The Scottish Government’s Race Equality Framework aims to ensure race equality within Scotland’s Justice system.
194 Commission on Women Offenders Angiolini Report 2012 (1).pdf
198 National Strategy for Community Justice: Delivery Plan (www.gov.scot)
200 Suicide Prevention Strategy – ‘Creating Hope Together’ - gov.scot (www.gov.scot)
205 The Restraint Reduction Network Training Standards - Restraint Reduction Network
207 Age of Criminal Responsibility (Scotland) Act 2019 (legislation.gov.uk)
208 The Promise
[1] The Prisons and Young Offenders Institutions (Scotland) Rules 2011 (legislation.gov.uk)
209 Immigration Act 2016 (legislation.gov.uk)
210 Nationality and Borders Act 2022 (legislation.gov.uk)
212 Attitudes to family formation in Scotland - gov.scot (www.gov.scot)
213 Migration and Population Expert Advisory Group - gov.scot (www.gov.scot)
215 Ukraine Advice Scotland - JustRight Scotland
217 Seasonal Migrant Workers in Scottish Agriculture - gov.scot
218 Worker Support Centre Scotland |
219 Stay in Scotland - gov.scot (www.gov.scot)
220 Home - Citizens' Rights Project (citizensrightsproject.org)
221 Independent Monitoring Authority for the Citizens' Rights Agreements (ima-citizensrights.org.uk)
222 Supporting EU citizens to Stay in Scotland - gov.scot (www.gov.scot)
223 New Scots: refugee integration strategy 2018 to 2022 - gov.scot (www.gov.scot)
224 New Scots: refugee integration strategy 2018 to 2022 - gov.scot (www.gov.scot)
225 Ending destitution together: strategy - gov.scot (www.gov.scot)
226 Home - Scottish Refugee Council
228 Illegal Migration Act 2023 (legislation.gov.uk)
229 Immigration Act 2016 (legislation.gov.uk)
230 Memorandum of understanding between the UK and Rwanda - GOV.UK (www.gov.uk)
232 Rwanda Treaty - GOV.UK (www.gov.uk)
233 Safety of Rwanda (Asylum and Immigration) Bill - Parliamentary Bills - UK Parliament
234 FS_Interim_measures_ENG (coe.int)
235 In relation to recommendation 122 – victims are identified within the UK-wide National Referral Mechanism.
236 In relation to recommendations 123 and 125 – the training of law enforcement officers is a matter for the relevant public authorities.
237 In relation to recommendations 127 and 131 – prosecutorial decisions are a matter for the Crown Office and Procurator Fiscal Service which is independent of the Scottish Government.
238 Human trafficking and exploitation strategy - gov.scot (www.gov.scot)
239 Trafficking and exploitation strategy: review - gov.scot (www.gov.scot)
240 Human Trafficking and Exploitation (Scotland) Act 2015 (legislation.gov.uk)
241 National guidance for child protection in Scotland 2021 - gov.scot (www.gov.scot)
242 Child sexual abuse and exploitation | Parent Club
244 Criminal exploitation: practitioner guidance - gov.scot (www.gov.scot)
245 National Guidance for Child Protection in Scotland 2021 - updated 2023 - gov.scot (www.gov.scot)
246 National Guidance for Child Protection in Scotland 2021 - updated 2023 - gov.scot (www.gov.scot)
247 Online Safety | Parent Club
248 Public Order Act 2023 (legislation.gov.uk)
249 Public Order Act 1986 (legislation.gov.uk)
250 UN Plan of Action on the Safety of Journalists and the Issue of Impunity | UNESCO
251 National Action Plan for the Safety of Journalists - GOV.UK (www.gov.uk)
252 Support for women tackling conflict - gov.scot (www.gov.scot)
253 Beyond Borders Scotland - The Platform for International Dialogue and Cultural Exchange
Contact
Email: ceu@gov.scot
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