Human rights

Protection of human rights in an independent Scotland

Stephen Richard — Mon, 18 Oct 2021 21:21:43 +0000

Protection of human rights in an independent Scotland Stephen Richard Mon, 10/18/2021 - 22:21

Author or Creator

Scottish Government

Human rights are the basic rights and freedoms that everyone has. They are what allows us to walk down the street, speak to our friends and go to work. In fact, almost everything we do in our daily lives is because we have our human rights.

The rights themselves are based on core principles like dignity, fairness, equality, respect and autonomy. When they are properly put in place in society they allow us to live a dignified human life.

Here, we’re lucky that Scottish and UK law means that human rights should be part and parcel of the way government and services behave and do their job. Acting as a cornerstone of a healthy democracy, human rights make sure that the government plays fair by giving people a voice. They’re a safety net for everyone.

So what are my human rights?

Human rights cover things that we probably all take for granted. They allow us to live, marry and have families. They also include civil and political rights. They let you have an opinion and voice it, they let you vote, celebrate your beliefs and get a fair hearing should you ever need one. And they cover economic, social and cultural rights which covers things that are much more day to day. They are there to make sure you have an adequate standard of living, don’t go hungry, ensure you have access to water and sanitation and have access to healthcare.

All of this is built on an original document called the Universal Declaration of Human Rights 1948.

Learn more about your rights

And how are they protected?

Here in Scotland, your human rights are protected in a number of different ways. Some rights are protected by the Human Rights Act, which incorporates most of the European Convention of Human Rights into our legal system. The Convention is also embedded into the Scotland Act, which makes sure that the people in charge act according to those rights in any action they take. In Scotland, we also have access to other human rights because the UK has signed up to various international human rights treaties. The way it works is that most civil and political rights are protected under the Human Rights Act, whilst Economic, Social and Cultural Rights are covered by international treaties. It’s worth noting that while Economic, Social and Cultural Rights can’t be claimed through the courts, the Government has a responsibility to make sure you still enjoy these rights as far as they possibly can.

Sources and Links

https://www.gov.scot/policies/human-rights/

Keywords

Human rights

Human Rights Act

Convention on the Rights of the Child

How Scotland’s foreign policy could help shape the world

Stephen Richard — Fri, 05 Nov 2021 11:41:43 +0000

How Scotland’s foreign policy could help shape the world

Primary Author or Creator

Believe in Scotland

Stephen Richard Fri, 11/05/2021 - 11:41

Alternative Published Date

2021

Category

International relations

Type of Resource

Article

Fast Facts

Establishing its own foreign policy will be one of the most important tasks facing an independent Scotland after a Yes vote.

More details

Here are four ways Scotland can influence the world:

1: We can break away from Westminster’s determination to isolate itself from Europe and its restrictive immigration approach

That’s the view of Stephen Gethins, author of Nation to Nation: Scotland’s Place in the World, who is taking part in the Beyond Borders event. Mr Gethins is a former MP and a professor of practice at the School of International Relations at St Andrews University.

He said this week: “Over the past few years we have seen an increasing divergence between politics at Holyrood and Westminster on a range of issues such as social justice, climate change and immigration.

Being prepared to play a full part in the EU and wider international community stands in contrast to an increasingly unilateral and isolationist approach that is being pursued at Westminster

“However, nowhere is that divergence more apparent than in our approach to foreign policy and relationships with other nations. It is important that we open up a discussion about Scotland’s fast developing foreign policy footprint as part of that debate.”

“It means embracing a more multilateralist approach and being prepared to play a full part in the EU and wider international community that stands in contrast to an increasingly unilateral and isolationist approach that is being pursued at Westminster”.

2: We can develop a strong international strategy which would show the world how Scotland would behave as an independent country

Anthony Salamone, managing director of European Merchants, a Scottish political analysis firm in Edinburgh, made this argument in a recent article for the strategist, an Australian strategic policy institute website.

He wrote: ‘’Developing cogent European and international strategies, based on Scotland’s values and interests, would allow the Scottish government to demonstrate nous in international relations and to showcase how Scotland might conduct itself as an independent state.

‘’At the same time, Scotland can make contributions to European and global affairs from its current constitutional position. The Scottish independence debate is evolving and a new referendum feels inevitable. How Scotland relates to the rest of Europe and the wider world will be a central aspect of the conversation to come.’’

3: Scotland could develop a successful and distinctive role in international affairs

In a paper produced for the Centre on Constitutional Change, Daniel Kenealy, a lecturer in politics and international relations at Edinburgh University, looked at how the Scottish government has taken measures to work more closely with the various agencies that promote Scotland internationally and at its Innovation and Investment Hubs in Dublin (set up in 2015), London (2017), Berlin (2018), and Paris (2019).

Scotland would begin its life as an independent state with a strong reputation and image, which is only growing more distinctive in the aftermath of Brexit

He says an independent Scotland ‘’would have to invest considerable time and energy’’ to join the organisations, treaties, and agreements that it is currently part of within the UK. But adds: ‘’Few experts in international law or international politics doubt that this could be done, but it would take time and resources.

‘’Scotland would begin its life as an independent state with a strong reputation and image, which is only growing more distinctive in the aftermath of Brexit. It would take many years for Scotland to have international impact equivalent to the Nordic states or New Zealand. But, with a willingness to prioritise – alongside some patience and a lot of hard work – an independent Scotland could develop a successful and distinctive role in international affairs.’’

4: Scotland could play a strong role in protecting human rights

The Centre on Constitutional Change published a report on Scotland’s approach to human rights and foreign policy just after the Scottish elections in May. It also held a series of workshops on the subject which brought together politicians, practitioners, NGOs, and members of academia.

The report points out that the Scottish parliament recently gave unanimous support to legislation incorporating the UN Convention on the Rights of the Child into domestic law, although that is being challenged at the Supreme Court by the UK government.

Together with a commitment to incorporate four more UN human rights treaties the report states the parliament ‘’ sends a signal that Scotland will continue to support and expand human rights protections even as the government in Westminster has signalled an intent to weaken such protections’’.

The report says policy in Scotland ‘’adds up to a strong, positive vision of an active, progressive Scotland playing an outsized role on the international stage, particularly in the areas of peacemaking, development, and human rights. ‘’

Resource Address (URL)

https://www.believeinscotland.org/how-scotlands-foreign-policy-could-help-shape…

Keywords

International relations

Human rights

Language English

Human Rights Policy

Stephen Richard — Wed, 29 Sep 2021 18:40:40 +0000

Human Rights Policy

Primary Author or Creator

Scottish Government

Stephen Richard Wed, 09/29/2021 - 19:40

Additional Author(s) / Creators

Add additional Authors and/or Publisher

Alternative Published Date

2021

Category

Human Rights

Type of Resource

Government policy paper

Fast Facts

A description of existing human rights in Scotland and their application to international, governmental, and individual circumstances.

Resource Address (URL)

https://www.gov.scot/policies/human-rights/

Keywords

Human rights

Language English

HUMAN RIGHTS IN SCOTLAND

Stephen Richard — Wed, 29 Sep 2021 18:36:00 +0000

HUMAN RIGHTS IN SCOTLAND

Primary Author or Creator

Amnesty International

Stephen Richard Wed, 09/29/2021 - 19:36

Additional Author(s) / Creators

Add additional Authors and/or Publisher

Alternative Published Date

2019?

Category

Human Rights

Type of Resource

Fact sheet

Length (Pages, words, minutes etc...)

2pp

Fast Facts

A description of the Human Rights Act 1998 and its implementation.

Resource Address (URL)

https://www.amnesty.org.uk/files/the_human_rights_act-_amnesty_speaker_programm…

Keywords

Human rights

Language English

Human Rights [in Scotland]

Stephen Richard — Wed, 29 Sep 2021 18:31:13 +0000

Human Rights [in Scotland]

Primary Author or Creator

One Scotland

Stephen Richard Wed, 09/29/2021 - 19:31

Additional Author(s) / Creators

Scottish Government

Alternative Published Date

2019?

Category

Human Rights

Type of Resource

government report

Fast Facts

A description of the current state of human rights in detail and how to exercise them.

Resource Address (URL)

https://onescotland.org/equality-themes/human-rights/

Keywords

Human rights

Language English

Scotland’s new choice; Independence after Brexit

Stephen Richard — Sun, 26 Sep 2021 11:24:54 +0000

Scotland’s new choice; Independence after Brexit

Primary Author or Creator

Eve Hepburn

Stephen Richard Sun, 09/26/2021 - 12:24

Additional Author(s) / Creators

Michael Keating, Nicola McEwen, Centre on Constitutional Change

Alternative Published Date

2021

Category

Independence

Type of Resource

Book

Length (Pages, words, minutes etc...)

230pp

Fast Facts

, we have drawn together leading experts to examine the key issues, opportunities and challenges surrounding the prospect of independence. Much has changed since the 2014 referendum – most notably, the UK’s decision to leave the European Union. By providing factual information and impartial analysis, we hope that the book can support citizens to engage in debates and make up their own minds about Scotland’s future.

More details

ISBN 978-1-8384433-1-3

Resource Address (URL)

https://www.centreonconstitutionalchange.ac.uk/sites/default/files/2021-03/Scot…

Keywords

Constitution

Referendum

Sovereignty of the people

Political participation

International relations

Brexit

Language English

A Scottish Approach to immigration post-Brexit

Stephen Richard — Mon, 06 Sep 2021 16:39:36 +0000

A Scottish Approach to immigration post-Brexit

Primary Author or Creator

Mark Butterly

Stephen Richard Mon, 09/06/2021 - 17:39

Additional Author(s) / Creators

Common Weal

Alternative Published Date

November 2017

Category

Migration

Type of Resource

Policy Paper

Fast Facts

Devolving immigration and employment law together can give Scotland the opportunity to create a workers rights-based approach to immigration post-Brexit that benefits all workers.

This paper proposes a devolved immigration policy for Scotland that would be designed to meet the country’s specific demographic challenges while strengthening universal rights for all workers.

More details

The prospect of Freedom of Movement ending in 2019 has particularly severe implications for Scotland. Due to a combination of a lower birth rate and slower economic growth, Scotland is more dependent on migration generally than the rest of the UK. Many in Scotland have disagreed with the UK wide consensus on immigration. First Minister Nicola Sturgeon said earlier this year that Scotland should offer “a welcoming hand and an open heart to those seeking a better life or wanting to make a contribution here.”

Post-Brexit, politicians’ at Holyrood have called for the investigation of a bespoke immigration policy for Scotland. It is therefore possible that Scotland may have a devolved and separate immigration policy. It is necessary therefore to explore the options that have been put forward to date, and offer analysis of the strengths and weakness of the various proposals. Brexit offers Scotland the opportunity to rethink and reimagine its immigration policy and reflect on the rights that all people living here deserve. Even if Brexit had not taken place there are many areas of immigration and workers’ rights in need of serious reform. The rights of all migrants living in Scotland must be advocated and campaigned for.

This paper will discuss the following points:

• Shifting the debate on migration
• The grounds for a Scottish immigration policy
• The policy proposals put forward to date – values and limitations
• The quest for a broad and universal rights-based approach to immigration and workers’ rights

The author’s intention is to make a case that migrants are not the cause of numerous social ills in the UK or Scotland, but rather xenophobia towards migrants has been stoked and fed by many as a diversion to dealing with the real causes of the UK’s crisis. The aim is to challenge popular narratives about immigration as a necessary prerequisite to advocating a universal rights-based approach to a devolved Scottish immigration policy; shifting the debate from being one about migrant workers versus ‘native’ workers to one about expanding universal workers’ rights for everyone. This would be beneficial for migrants as well as the country as a whole.

Resource Address (URL)

https://commonweal.scot/wp-content/uploads/2017/12/A-Scottish-Approach-to-immig…

Keywords

Language English