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The Scottish Human Rights Commission
Submission to the United Nations Human Rights Committee (The Committee):
List of issues on the United Kingdoms 7th periodic report under the International Covenant on Civil and Political Rights (ICCPR)
July 2014
The Scottish Human Rights Commission (SHRC) is the national human rights institution (NHRI) for Scotland, accredited with A status by the International Coordinating Committee of NHRIs. SHRC was established by an Act of the Scottish Parliament. It has a general duty to promote awareness, understanding and respect for all human rights and to encourage best practice, including through education, training and awareness raising, and by publishing research. SHRC also has a number of powers including:
-The power to conduct inquiries into the policies or practices of Scottish public authorities.
-Recommending such changes to Scottish law, policy and practice as it considers necessary.
-The power to enter some places of detention as part of an inquiry.
-The power to intervene in some civil court cases.
SHRC is one of the three NHRIs in the UK and currently chairs the European Network of NHRIs. SHRC is a member of the UKs National Preventive Mechanism (NPM) designated in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
Contact:
Diego Quiroz, Policy Officer, Scottish Human Rights Commission, 4 Melville Street, Edinburgh, EH3 7NS, Scotland, HYPERLINK "mailto:Diego.Quiroz@scottishhumanrights.com" Diego.Quiroz@scottishhumanrights.com, +44 (0)131 240 2989.
Content
Part I.
Summary of recommended questions.. 3
Part II
Introduction to structure and scope of this report .. 5
Part III.
Background briefing regarding recommended questions .6
References13
Part I. Summary of recommended questions
The Commission recommends that the Committee ask the United Kingdom:
- What measures it will take to ensure the protection of all Covenant rights of all people across UK jurisdictions in the event of repeal of the Human Rights Act 1998.
- What measures it is taking to ensure the protection of human rights in the context of counter-terrorism legislation and how it assesses the impact of those measures.
- What steps are being taken to ensure protection of Article 15 of the Covenant for refugees and that appropriate guidance is produced in Scotland and which steps has taken to ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant are protected.
In relation to Scotland:
To provide a detailed account of where each of the Articles under the Covenant are specifically protected in Scotland by law and which Articles remain unprotected.
To outline the steps it has taken to comply with its obligations under the Covenant to ensure access to justice and effective remedies for victims of child abuse, with specific reference to historic child abuse, in Scotland.
To outline the steps taken to ensure that changes to legal aid do not limit access to justice, particularly women's access to legal advice and services in areas of civil law in Scotland.
To explain how compliance is assured with regard to the obligation to provide an adequate and independent investigation in the case of deaths in mental health settings in Scotland.
To explain what mechanisms are in place to enhance accountability in the deployment and use of potential lethal force, including stringent safeguards, full transparency and responsibility - if the arming of police officers with electro-shock weapons and guns is to continue or further roll out in Scotland.
To clarify what is the current view and position in relation to repealing of all legal defences to corporal punishment currently in the Criminal Justice (Scotland) Act 2003.
To explain what measures are being taken to reduce the suicide rates in Scotland and what impact is being made by any such measures.
To describe how it is intended to ensure that there will be institutional learning regarding deaths in custody following the creation of Police Scotland.
To explain the measures it has taken to ensure that the use of stop and search powers, with specific reference to non-statutory stop and search, by Police Scotland is within the framework of the Covenant.
To provide information about the measures that have, or will be, put in place to ensure that those who are unable to consent to their placement or treatment in psychiatric hospitals and other care settings in Scotland are fully supported and protected in law, and explain what monitoring mechanisms have been put in place.
To describe what concrete steps have been taken to ensure the full implementation of the recommendations of the Commission on Women Offenders since 2012, and what steps are being taken to ensure the availability and accessibility of appropriate services to reduce self-harm for women deprived of liberty in Scotland.
To explain what interim, medium and long-term measures are being taken to remedy the cycle of violence in Young Offenders Institutions, particularly reducing it within HMYOI Polmont and refining the regime and the timetabling of activities.
To describe what actions are being taken to ensure that sufficient additional safeguards for fair trial are put in place before the requirement for corroboration is removed in Scotland.
To outline what measures it is taking to ensure that restrictions with freedom of expression under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2013 are necessary in a democratic society.
To indicate whether and to what extent the laws in Scotland regarding procession and static assemblies respect the provisions of the Covenant as regards to freedom of association and freedom of expression and what is being done to implement the recommendations of the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
To explain the current view and position in relation to the age of criminal responsibility in Scotland.
To explain what legal and policy steps are being taken to ensure the prohibition of corporal punishment of children in Scotland.
To indicate how the Covenant rights of the Gypsy/Traveller community in Scotland are being realised.
Part II. Introduction, Structure and Scope of this report
1. The Commission welcomes the opportunity to make its first submission to the Committee in advance of the discussion of the List of Issues for the United Kingdom. In this document the Committee will find a number of questions that we would suggest the Committee put to the UK, particularly in relation to Scotland. This report covers the legal framework, policies and practices in Scotland.
2. The Scotland Act 1998, which established the Scottish Parliament, requires both the Scottish Parliament and Scottish Government to observe and implement all of the UKs international human rights obligations. Under the terms of the Scotland Act 1998 all issues which are not explicitly reserved to the UK Parliament are devolved to the Scottish Parliament. Consequently issues such as justice, detention, policing, physical and mental health, education and social care are within the powers of the Scottish Parliament. A meaningful understanding of the obligations of the Scottish Parliament and Government to observe and implement ICCPR will be crucial to ensuring law, policy and practice in Scotland are fully compliant.
Structure of the report
3. An Article by Article analysis of the ICCPR is pursued in this document. In selecting material for this report we have prioritised matters that on our analysis are the most pressing and /or where the Committee is likely to be interested in additional information on that topic (due to a previous recommendation, correspondence or general comment) and/or where the Commission has carried out particular work on the issue which may assist the Committee.
Sources
4. This report draws primarily on a four year research project by SHRC which culminated in the publication of Getting it Right: human rights in Scotland in October 2012 and led to the development of Scotlands first National Action Plan for Human Rights (SNAP). It also draws on other SHRC sources, such as our interventions and responses to consultation about proposed legislative change, and many external sources, including reports published by NGOs, Ombudsmen, inspectorates and regulators.
The SHRC would be very pleased to provide any clarification, further information, or other assistance to Committee experts before, during or after the forthcoming session.
Part III. Background regarding recommended questions
Article 2 - Constitutional and legal framework within which the Covenant is implemented
5. Recent events and statements create concerns about the future of the Human Rights Act 1998 (HRA) in the UK, particularly looking ahead to the next UK General Election (due to take place in 2015). In 2011, the current UK Government established a Commission on a UK Bill of Rights that reported in December 2012. Following its report members of the UK Government, including the Secretaries of State for Justice and Home Affairs, promoted the repeal of the HRA. SHRC is concerned that in this environment any new UK Bill of Rights would result in a weaker replacement for the HRA as well as reducing government accountability at home, and internationally. It is also important to note that ICCPR is not incorporated in domestic law and the HRA does not extend to all ICCPR rights.
5.1. SHRC recommends the Committee ask the United Kingdom what measures it will take to ensure the protection of all Covenant rights across all jurisdictions in the UK in the event of repeal of the HRA in the UK.
6. SHRC has consistently called for the incorporation of all international human rights treaties into domestic law, as it considers that in the absence of such incorporation, human rights protections contained in international treaties may not be fully realised in Scots law. The Scottish Government, through its commitment to implementation of Scotlands first National Action Plan for Human Rights (SNAP) 2013-2016, has committed to explore the benefits and implications of incorporation of the UK international obligations (p.43).
6. 1. SHRC recommends the Committee ask the UK to provide a detailed account of where each of the Articles under the ICCPR are specifically protected by law and which Articles remain unprotected by law in Scotland.
Dissemination of information regarding the Covenant
7. There has been very little public awareness of the Covenant and its Optional Protocols among judges, public officials, police and law enforcement officers, legal advisers and the public at large. The Committee could also ask the State Party what steps it has taken to disseminate information about the submission of its sixth periodic report, its examination by the Committee and the Committees previous concluding observations on the fifth periodic report across the UK.
8. The Committee has previously expressed the importance of raising levels of awareness about the Covenant. not only among public officials and State agents, but also among the population at large. Scotland does not have a national strategy for human rights education and no plan to deliver the World Programme for Human Rights Education, whose second phase (2010-2014) focuses on human rights education for higher education, civil servants, law enforcement officials and military personnel. However, in the context of SNAP there are opportunities to pursue the continual rollout of effective human rights education in all schools in Scotland and the integration of human rights in the curriculum at all levels of education (p.30).
Right to an effective remedy
9. The right to an effective remedy is included in both the ICCPR (Article 2(3)) and the ECHR (Article 13). A 2010 review of the international human rights framework law relevant to the proposed acknowledgment and accountability forum for adult survivors of childhood abused, developed by SHRC, highlighted the lack of effective remedy for this type of victim. In a Scottish case involving historic child abuse from 2002, the European Court of Human Rights considered that Article 13 requires the existence of a remedy which is effective in practice as well as in law (E & others v UK, 2002). The Court found, in these circumstances, that Article 13 had been violated as the applicants did not have at their disposal the means of obtaining a determination of their allegations. In February 2010 SHRC published a Human Rights Framework for Justice and Remedies for Historic Child Abuse in Scotland. SHRC is currently working with the Scottish Government and survivors in its implementation.
9.1. SHRC recommends the Committee ask the State Party to outline the steps it has taken to comply with its obligations under the Covenant to ensure access to justice and effective remedies for victims of child abuse.
Articles 3 and 26 - Equal rights of men and women, measures to prevent discrimination
10. Following the Scottish Government's Strategic Spending Review, the legal aid fund is facing a cut of 7.2% over the years 2012-13 to 2014-15. Cuts to legal aid in Scotland are expected to impact on the availability of specialist discrimination advice and casework. An already pressurised legal aid budget may be unable to absorb the extra responsibility of supporting discrimination cases which could directly impact on provision of the legal advice regarding discrimination and equality.
10.1. SHRC recommends the Committee ask the United Kingdom what steps it is taking to ensure that changes to legal aid do not limit access to justice, particularly women's access to legal advice and services in areas of civil law in Scotland.
Articles 6 and 7 - Right to life and prohibition of torture and cruel, inhuman or degrading treatment
12. Concerns have been expressed that the systems for investigating deaths of patients in mental health settings may not meet the positive obligations of investigation related to the right to life. There is no single person or agency automatically responsible for investigating deaths in mental health settings. In Scotland, a review of Fatal Accident Inquiry legislation recommended a mandatory fatal accident inquiry into the death of any person who is subject at the time of death to compulsory detention by a public authority. However, the Scottish Government has not confirmed whether or not it intends to implement this recommendation.
12.1. SHRC recommends the Committee ask the United Kingdom to explain what plans it has to ensure compliance with its obligation to provide an adequate and independent investigation in the case of deaths in mental health settings.
13. In 2010, Scotlands largest police force introduced a pilot programme to deploy electro-shock weapons to non-firearms trained officers. In response to this SHRC encouraged key actors, such as Strathclyde Police and Authority, the Scottish Government and Parliament, to participate in the development of a human rights framework of responsibilities for the roll out and use of electro-shock weapons under strictly limited and regulated circumstances in Scotland. Given the fact that electro-shock weapons are potentially lethal devices, it is critical that a clear and specific framework for rolling out these type of weapons is set out, in conjunction with an independent and full investigation process. There are also concerns, including from fifty nine Highland councillors, of routine arming of officers with firearms in the Highlands area. Strathclyde Police, Tayside Police and Northern Constabulary allowed specialist officers to routinely carry guns before the launch of the new single force. Police Scotland has adopted this approach across the country since its launch in April last year. Previous policy on firearms indicated that officers had to retrieve their weapons from locked safes in armed response vehicles with permission from a senior officer.
13.1. SHRC recommends the Committee ask the United Kingdom what mechanisms are in place to ensure accountability in the deployment and use of potentially lethal force, including stringent safeguards, full transparency and responsibility if the use of electro-shock weapons and guns are to continue or be further rolled out in Scotland.
14. The continuing legality of corporal punishment of children at home has continually been highlighted as a human rights concern in the UK. Section 51 of the Criminal Justice (Scotland) Act 2003 provides a defence of justifiable assault for parents. This section also sets out certain types of assault that are unjustifiable in relation to children. There is evidence of the negative effect on childrens mental and physical wellbeing in Scotland. While the Scottish Government has taken some initiatives to promote positive parenting, they fall short of the public education campaign recommended by the UN Committee on the Rights of the Child.
15.1. SHRC recommends the Committee ask the United Kingdom what is its current view and position in relation to repealing of all legal defences to corporal punishment currently in the Criminal Justice (Scotland) Act 2003.
16. Suicide rates continue to be a concern across the UK, with particularly high rates in Scotland. There were 762 deaths by suicide in Scotland in 2012. This equates to an age-standardised rate of 14.0 deaths per 100,000 population. While suicide rates fell in Scotland by 13.8 per cent between 2000-2002 and 2008-2010 they still remain higher than in England and Wales. Strategic responses to suicide vary across the UK. A ten year evaluation of the Choose Life strategy in Scotland concluded that there was a need to link suicide prevention to drug and alcohol services, primary care and clinical mental health services.
16.1. SHRC recommends the Committee ask the United Kingdom for further information on how they plan to reduce the suicide rates in Scotland.
Article 9 - Security of the person and the right not to be subjected to arbitrary detention
17. Arbitrary arrest in the context of anti-terrorism measures continues to be a concern across the UK. Since 2000, the UK Parliament has introduced four major pieces of anti-terrorism legislation, and is currently consulting on additional measures. All of the existing laws the Terrorism Act 2000; the Anti-terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005 and the Terrorism Act 2006 led to significant concerns in the protection of human rights. While a number of provisions have been successfully challenged in the courts, including the indefinite detention of foreign nationals in the Anti-terrorism, Crime and Security Act 2001 and the use of control orders under the Prevention of Terrorism Act 2005 PTA 2005, the majority of measures have taken a firm place in the UK legal system, widening police powers and limiting the rights of suspects.
17.1. SHRC recommends the Committee ask the United Kingdom what measures it is taking to ensure the protection of human rights in the context of anti-terrorism legislation.
18. Police Scotland was formed in April 2014 amalgamating the previous eight police forces throughout Scotland. Responsibility for the delivery of healthcare within police settings also moved to the National Health Service (NHS Scotland) in April 2014. 2013 figures show three deaths in custody, 18 deaths following police contact, and eight serious injuries following police contact from April to the end of September, far higher than it anticipated. It is currently unclear how much institutional learning has taken place as a result of previous deaths in custody across different police settings or cross-border.
18.1. SHRC recommends the Committee ask the United Kingdom how it intends to ensure that there will be institutional learning regarding deaths in custody following the creation of Police Scotland.
19. Police officers in Scotland have the legal power to stop and search people in a number of specific circumstances. Police in Scotland also ask individuals to "consent" to a search in circumstances where there is no statutory power to require a person to be searched. Police officers carried out 2,912 searches on children between April and December 2013. 79% of the searches were consensual (the child searched is claimed to have agreed to be searched and an officer did not require reasonable suspicion). A total of 519,213 searches were carried out in Scotland between April and December 2013. This figure is almost two times higher than the 312,645 searches conducted by London's Metropolitan force for all 2013, which polices a population greater than that of Scotland. The Scottish Police Authority has highlighted a number of areas for improvement around targeting, proportionality, training, data gathering, transparency and consent.
19.1. SHRC recommends the Committee ask the United Kingdom to explain the measures taken to consider whether the use of stop and search powers, particularly non-statutory searches and on such a large scale, by Police Scotland is within the framework of the Covenant.
20. There remain a significant number of patients in psychiatric hospitals and other care settings across the UK who are regarded as voluntary patients as a consequence of being incapable of consent but compliant with their admission to such units. The European Court of Human Rights found in 2004 that this practice was not compliant with the ECHR, right to liberty and security of the person as they are not protected by adequate legal safeguards. Legislative developments to address this practice are being considered but have not yet been taken in Scotland.
20.1. SHRC recommends the Committee ask the United Kingdom to provide information about the measures that have, or will be, put in place to ensure that those who are unable to consent to their placement or treatment in psychiatric hospitals and other care settings in Scotland are fully supported and protected in law, and explain what monitoring mechanisms have been put in place.
21. The ICCPRs Concluding Observation (2008) noted that the UK Government should ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. The Scottish Refugee Council and others are concerned about the frequent and repeated arbitrary moves around the UKs Immigration Removal Centres (IRC) and particularly about movement to and from Dungavel IRC. These cross-border moves between England and Scotland have a specific adverse impact on the ability of legal representatives to act on detainees behalf in different jurisdictions.
21.1. SHRC recommends the Committee ask the UK which steps have been taken to ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant are protected.
Article 10 -Treatment of persons deprived of liberty
22. There is a noticeable increase in the number of prisoners with mental health problems in Scotland. In 2010, the UK National Preventive Mechanism rated mental health as the most significant and recurring concern across all types of detention. The very high levels of self-harm in womens prisons has also been identified as a particular concern regarding mental health care in prisons. HMCIPS has voiced concern about the detrimental effect overcrowding has on the dignity, safety, infection control, mental health and general health issues of both prisoners and staff and the lack of improvement in this area from previous inspections. HMCIPS recommended that Cornton Vale facilitys design capacity be reduced to less than 300 inmates. In early 2011 it held 385 inmates. In response to this, in June 2011 the Scottish Government established a Commission, led by former Lord Advocate, Dame Elish Angiolini, to examine how female offenders are dealt with in the criminal justice system. Consequently, it is reported that Cornton Vale will close its doors to remand and convicted women prisoners in four years' time (2018).
22.1. SHRC recommends the Committee ask the United Kingdom what concrete steps have been taken to ensure the full implementation of the Report of the Commission on Women Offenders since 2012 and what steps it has taken to ensure the availability and accessibility of appropriate services to reduce self-harm for women deprived of liberty in Scotland.
23. HMCIPS has also drawn attention to the cycle of violence in which young people held in prisons and Young Offenders Institutions often find themselves. An inspection of HMYOI Polmont in 2012 found that young offenders are locked in their cells for long periods during the day, evenings and at weekends. Access to purposeful activity for young offenders resident in Blair House is particularly poor. Some of these concerns have been expressed previously by both HMCIPS and the UK NPM.
23.1. SHRC recommends the Committee ask the United Kingdom to explain what interim, medium and long-term measures are being taken to remedy this situation in Young Offenders Institutions, particularly reducing level of violence within HMYOI Polmont and refining the regime and the timetabling of activities.
Article 14 - Right to a fair trial
24. The Scottish Government is currently considering the law of evidence in Scotland with the intention of removing the need for corroboration of evidence. It is the duty of the courts to ensure that a fair trial is achieved in any given case. Courts must therefore be in a position, as a matter of domestic law, to ensure the trial is fair and that convictions are based on evidence of sufficient quality. It is the responsibility of the State to put in place rules of procedure and evidence that provide an effective means whereby the courts can perform their duty.
24.1. SHRC recommends the Committee ask the United Kingdom what actions are being taken to ensure that sufficient additional safeguards are put in place before the requirement for corroboration is removed in Scotland.
Article 15 No one should be guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law
25. In July 2013 in the Court of Appeal, Lords Leveson in R v Mateta & Ors quashed the convictions of five now recognised refugees. Four of the cases had been referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC). Each had similar characteristics in that they: had entered the UK as asylum seekers; were prosecuted for offences relating to false documentation; they were not advised of defences and they received criminal sentences. The CCRC estimates that there are potentially another 1,000 in the UK where asylum claimants have been subject to a significant and potentially widespread misunderstanding or abuse of the law.
Section 31 of the Immigration and Asylum Act 1999 sets out the specific offences where a defence under Article 31 of the Refugee Convention may be employed. Section 31 (4) sets out the specific offences in Scotland. These include the wide-ranging category of fraud as well as specific offences under the Identity Cards Acts 2006, the Identity Documents Act 2010 and Immigration Acts for deception and falsification of documents. Scottish Refugee Council understands there to be there to be around 300 convictions over the last six years in Scotland for specific identity and immigration offences where, if the accused was a refugee, there may have been strong defences against any conviction. Guidance has now been produced by the Crown Prosecution Service for prosecutors in England, Wales and Northern Ireland, but no such guidance exists in Scotland.
25.1 SHRC recommends the Committee ask the UK what steps are being taken to ensure protection of Article 15 of the Covenant for refugees and that appropriate guidance is produced in Scotland.
Articles 18 and 19 - Freedom of religion and right to hold opinions without interference
26. The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2013, was introduced in response to concern about sectarianism connected with football. The Act criminalises behaviour which is threatening, hateful or otherwise offensive at a regulated football match, including offensive singing or chanting where it is likely to lead to public disorder. There is a statutory obligation for the Scottish Government to report to Parliament on the operation of the Act's offences over two full football seasons (August 2015). A number of organisations, including fans groups have raised concerns about how the legislation is working in practice. In 2010 SHRC expressed concerns that the Bill was drafted too broadly, lacking legal precision as to the scope of the new offences and risked not be compliant with the principle of legal certainty and the requirement of lawfulness under the ECHR. SHRC emphasised that any interference with the right to freedom of expression had to be justified and properly considered in order to be legitimate as well as striking the right balance with other human rights under the ECHR. In 2012-13 there were 268 charges of offensive behaviour at regulated football matches reported by the police to the Crown Office and Procurator Fiscal Service (COPFS).
26.1. SHRC recommends the Committee ask the United Kingdom what measures are being taken to ensure that restrictions under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2013 are truly necessary in a democratic society.
Article 22 - Freedom of association
27. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, following a visit to the United Kingdom in January 2013 identified a number of areas where protection for the rights to freedom of peaceful assembly and association should be enhanced. In Scotland the recommendations include a) reducing the notification period for demonstrations and b) to ensure that the exercise of rights is not subject to cost recovery measures.
27.1. SHRC recommends the Committee ask the United Kingdom to indicate whether, and to what extent, the laws on procession and static assemblies in Scotland respect the provisions of the Covenant as regards to freedom of association and freedom of expression and what is being planned to implement the UNSR recommendations in Scotland.
Article 24 - Protection of children
28. Scotland has one of the lowest ages of criminal responsibility in the world at just 8. While the minimum age of prosecution has been raised to 12 years and the majority of cases are dealt with through the childrens hearing system the criminalisation of children at age 8 raises serious concerns.
28.1. SHRC recommends the Committee ask the United Kingdom to explain its current view and position in relation to the age of criminal responsibility in Scotland.
Articles 27 Protection of minorities
29. The Equal Opportunities Committee of the Scottish Parliament has published two reports into discrimination faced by Gypsy/Travelling people this session. Gypsy/Travellers and Care was published in 2012, and Where Gypsy/Travellers Live was published in 2013. The Committee noted that twelve years on from the first Scottish Parliament inquiry into Gypsy/Traveller life, it is concerning to see that the appalling situation of many Gypsy/Travellers is little changed. The Committee, together with the Commission, has recommended the adoption of a national action plan, including fit-for-purpose housing strategies which embrace Gypsy/Traveller needs.
29.1. SHRC recommends the Committee ask the United Kingdom to indicate what steps are being taken to address the Covenant rights of the Gypsy/Traveller community in Scotland.
References:
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The Scottish Executive is renamed the Scottish Government under the Scotland Act 2012
SHRC notes that both the Scottish Government and Parliament should, in compliance with the Scotland Act 1998, observe and implement UKs international obligations.
An unprecedented three year research project by the Scottish Human Rights Commission, Getting it Right? Human Rights in Scotland, found that while Scotland has made notable progress, it can do better. It has a relatively strong legal and institutional framework for human rights, some examples of positive strategy and policy direction, but the actual outcomes for people often remain inconsistent. In response the Commission proposed the development of SNAP to help bring about the necessary progress in implementation of human rights at the level of service delivery and practice.
http://scottishhumanrights.com/actionplan
For further information see SHRC response to the UK Government appointed Commission of Inquiry on a Bill of Rights at HYPERLINK "http://www.scottishhumanrights.com/publications/consultationresponses/article/borrpublicationsnov2011" http://www.scottishhumanrights.com/publications/consultationresponses/article/borrpublicationsnov2011
See Final Report of the UK Government appointed Commission of Inquiry on a Bill of Rights at http://enf.org.uk/blog/?page_id=1870
At the 2013 Conservative Party Conference, Home Secretary Theresa May said in her speech that The next Conservative manifesto will promise to scrap the Human Rights Act. ... the Conservative position is clear if leaving the European Convention is what it takes to fix our human rights law, that is what we should do. The Guardian, 30 September 2013: Conservatives promise to scrap Human Rights Act after next election.
See SHRC response to the UK Government appointed Commission of Inquiry on a Bill of Rights at HYPERLINK "http://www.scottishhumanrights.com/publications/consultationresponses/article/borrpublicationsnov2011" http://www.scottishhumanrights.com/publications/consultationresponses/article/borrpublicationsnov2011
Further information about the work of the Commission on the promotion of effective access to justice and remedies for survivors of historic child abuse can be found at http://scottishhumanrights.com/ourwork/historicalabuse
Scottish Government Spending Review and White Paper on Legal Reform
Mental Welfare Commission for Scotland, Visit and Monitoring Report Death in detention monitoring, Edinburgh, March 2014.
In 2010 Strathclyde Police ran a pilot project on electroshock weapons known as Tasers, which saw 30 officers, who were not specialists in handling firearms, issued with the weapons following brief training. Since 2013 Scotland has a single police force.
The Framework of Responsibilities intends to answer three fundamental questions: 1) what are the human rights standards the UK (and Scotland) is required to meet when arming the police with potentially lethal weapons; 2) what those standards mean in practice, and 3) which public authorities and relevant organisations bear responsibility for implementing those standards effectively. See more at
HYPERLINK "http://scottishhumanrights.com/ourwork/publications/article/tasers" http://scottishhumanrights.com/ourwork/publications/article/tasers
SHRC considered that there were/are significant concerns and risks associated with Taser use, including concerns about the risks of injuries or death resulting from Taser use; the potential for excessive or inappropriate use; and the possibility that certain groups, such as those with mental health issues, children and young people, may be disproportionately affected.
Further information can be found at http://www.bbc.co.uk/news/uk-scotland-highlands-islands-28055249
The UN Committee on the Rights of the Child has also recommended three times that the UK Government change its law. Concluding observations CRC/C/GBR/CO/4. 20 October 2008.
SCCYP submission to SHRC on SNAP, 29 March 2013, para 2 c).
See also CRC GC No. 8 (2006)
Information Services Division and NHS National Services Scotland, The Scottish Suicide Information Database Report 2012, 18 December 2012, An Official Statistics Publication for Scotland.
Scottish Suicide Information Database Report 2014
See http://www.scotsman.com/news/politics/top-stories/police-talks-sought-over-number-of-deaths-1-3148732
Police Scotland stopped and searched thousands of children, BBC, 30 May 2014
Scots police have twice stop and search rate of Met. The Scotsman, 16 January 2014, available at http://www.scotsman.com/news/scotland/top-stories/scots-police-have-twice-stop-and-search-rate-of-met-1-3269358
SPA publish review into Police Scotland's use of stop and search, 30 May 2014, available at http://www.spa.police.uk/news/2014/may2014/230686/
HL v UK 45508/99 (2004) ECHR 471
Responsibility for the provision of healthcare services, including mental health services, to prisoners was transferred from the Scottish Prisons Service to NHS Health Boards on 1 November 2011. For a further discussion See ADDIN EN.CITE HMCIPS200786186186146HMCIPS,HM Chief Inspector of PrisonsHM Chief Inspector of Prisons for Scotland Annual Report 2006-72007EdinburghScottish Governmenthttp://www.scotland.gov.uk/Resource/Doc/201925/0053822.pdf HMCIPS201169169169127HMCIPS,Scottish GovernmentHer Majesty's Chief Inspector of Prisons for Scotland Annual Report 2010-20112011EdinburghHM Chief Inspector of Prisons for Scotlandhttp://www.scotland.gov.uk/Publications/2010/08/23132857/3 HMCIPS (2007). HM Chief Inspector of Prisons for Scotland Annual Report 2006-7. H. C. I. o. Prisons. Edinburgh, Scottish Government. HMCIPS (2011). Her Majesty's Chief Inspector of Prisons for Scotland Annual Report 2010-2011. Edinburgh, HM Chief Inspector of Prisons for Scotland. SAMH revealed that figures obtained from parliamentary questions showed there were 219 cases of self-harm in Scottish jails in 2010, an increase of 140% from 91 cases in 2004 ADDIN EN.CITE SAMH201112901290129027SAMH,Scottish Association for Mental HealthSAMH RESEARCH BRIEFING: MENTAL HEALTH AND CRIMINAL JUSTICE IN SCOTLAND 2011GlasgowScottish Association for Mental HealthSAMH (2011). SAMH RESEARCH BRIEFING: MENTAL HEALTH AND CRIMINAL JUSTICE IN SCOTLAND Glasgow, Scottish Association for Mental Health. See also ADDIN EN.CITE Scottish Prison Commission200871371371327Scottish Prison Commission,Scottish GovernmentScotlands Choice: Report of the Scottish Prisons Commissions2008Edinburgh http://www.scotland.gov.uk/Resource/Doc/230180/0062359.pdf Scottish Prison Commission (2008). Scotlands Choice: Report of the Scottish Prisons Commissions. Edinburgh.
The detention of individuals for mental health reasons is governed in Scotland by the Mental Health (Care and Treatment) (Scotland) Act 2003.
ADDIN EN.CITE Mental Welfare Commission for Scotland201169369369327Mental Welfare Commission for Scotland,Mental Welfare Commission for ScotlandMental Health of Prisoners2011EdinburghMental Welfare Commission for Scotlandhttp://reports.mwcscot.org.uk/Visiting_monitoring/mentalhealthofprisoners/mentalhealthofprisoners.aspxMental Welfare Commission for Scotland (2011). Mental Health of Prisoners. Edinburgh, Mental Welfare Commission for Scotland.
HMCIPS (2011). Her Majesty's Chief Inspector of Prisons for Scotland Annual Report 2010-2011. Edinburgh, HM Chief Inspector of Prisons for Scotland.
ADDIN EN.CITE HMCIPS201171271271227HMCIPS,Scottish GovernmentHMP & YOI Cornton Vale Follow-up Inspection 1-4 February 20112011EdinburghHM Chief Inspector of Prisons for Scotlandhttp://www.scotland.gov.uk/Publications/2010/08/23132857/3 HMCIPS (2011). HMP & YOI Cornton Vale Follow-up Inspection 1-4 February 2011. Edinburgh, HM Chief Inspector of Prisons for Scotland. Other sources put the capacity in 2011 at times as high as 450: Rough justice, Ross Reid, Holyrood Magazine, 5 September 2011, at HYPERLINK "http://www.holyrood.com/articles/2011/09/05/scotlands-female-prison-population-soars/" http://www.holyrood.com/articles/2011/09/05/scotlands-female-prison-population-soars/. There are also places for a small number of women prisoners at Inverness, Greenock, Dumfries and Aberdeen prisons.
Commission on Women Offenders (2012). Commission on Women Offenders: Final Report 2012. Glasgow, Commission on Women Offenders. The Commission made 37 recommendations for change focusing on seven key areas of: service redesign; alternatives to prosecution; alternatives to remand; sentencing; prisons; community reintegration; and leadership, structures and delivery. The Scottish Government has agreed to consider further the following four recommendations: (i) a proposal for two new sentencing options, which the Scottish Government will examine in more detail with criminal justice partners, in the context of the on-going development of existing community sentencing options, (ii) a call for a review of services for women with borderline personality disorders (BPD), where the Scottish Government will prioritise work to implement the other recommendations made by the Commission on Women Offenders regarding BPD and other mental health provision, and (iii) two proposals to reform the leadership and delivery of adult offender services in the community, in response to which the Scottish Government will undertake a detailed consultation to consider what the optimal structures would be. The Scottish Government has undertaken to report annually. In his first annual report the Cabinet Secretary for Justice clarified the Governments ambition to reverse the trend in imprisonment of women, and outlined that the Scottish Prison Service will develop detailed plans to replace Cornton Vale.
ADDIN EN.CITE HMCIPS200968568568527HMCIPS,Scottish GovernmentHM Chief Inspector of Prisons for Scotland Annual Report 2008-20092009EdinburghHM Chief Inspector of Prisons for Scotlandhttp://www.scotland.gov.uk/Resource/Doc/271717/0081000.pdf HMCIPS (2009). HM Chief Inspector of Prisons for Scotland Annual Report 2008-2009. Edinburgh, HM Chief Inspector of Prisons for Scotland. This is reflected in the extremely high re-offending rate amongst young offenders: in 2008-09, it was estimated that over 85 per cent of the population of Polmont YOI had been there before their current sentence. There is also a strong correlation between children who have been in care and youth and adult offending. One per cent of Scottish children have been in care, whereas 50 per cent of young Scottish prisoners have been in care rising to 80 per cent of those convicted of violent offences. ( HYPERLINK \l "_ENREF_159" \o "EHRC, 2010 #663" EHRC, 2010b)
HMCIPS (2012). Report on HMYOI Polmont, Inspection 22-30 October 2012. Edinburgh, HM Inspectorate of Prisons.
National Preventive Mechanism, Third Annual Report 201112, February 2013. Section 3.
For further information on this issue see for example HYPERLINK "http://www.scotland.gov.uk/About/Review/CarlowayReview/Corroboration" http://www.scotland.gov.uk/About/Review/CarlowayReview/Corroboration and SHRC responses to the Carloway Review at HYPERLINK "http://scottishhumanrights.com/research/library/article/carlowayresponsejune2011" http://scottishhumanrights.com/research/library/article/carlowayresponsejune2011. In addition, a group has been set up by the Scottish Government to consider additional safeguards and changes in practice that might be needed in Scotlands criminal justice system when the corroboration requirement is abolished. SHRC Commissioner Shelagh McCall is a member of this reference group (see http://news.scotland.gov.uk/News/Group-to-examine-corroboration-safeguards-8fe.aspx)
[2013] EWCA Crim 1372
See Report at http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.39.Add.1_AUV.pdf
. See both reports at http://www.scottish.parliament.uk
See report Where Gypsie/Travellers live at http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/61579.aspx#A26
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