Independent human rights monitors from the United Nations have criticised the failure to adequately protect human rights to housing, education, health, and other economic, social and cultural rights in their review of the United Kingdom.

In the progress assessment of the UK under a core international human rights treaty (the International Covenant on Economic, Social and Cultural Rights), the UN Committee on Economic, Social and Cultural Rights criticises the UK Government for failing to ensure sufficient awareness and legal protection for these rights, such as the right to adequate housing, and the right to the highest attainable standard of physical and mental health.

The Committee rejects the view of the UK Government that these rights ?are mere principles and values?. It calls on the state to make sure everyone has a remedy where these rights are violated, including through the court system where necessary.

However the Committee welcomes a number of steps taken since the last report was produced in 2002, including the establishment of the Scottish Human Rights Commission, and points to some Scottish legislation as best practice models for the rest of the UK.

Some initiatives taken by the Scottish Parliament, including setting a target of 2012 for an enforceable right to housing under the Homelessness (Scotland) Act 2003 should be considered as ?best practice? for the rest of the UK, the Committee says.

In a series of 36 recommendations, the Committee finds that:

• There should be a national human rights action plan.

• The State should “intensify its efforts” to combat poverty, especially fuel poverty, and social exclusion to help people with disabilities, older people, single mothers, ethnic minorities and asylum seekers and migrants, and especially children, more quickly;

• The Committee ?notes with concern? the low conviction rates for rape, saying that violence against women is still ?a widespread problem.? It says the State should ?intensify its efforts? in training police and judges, and increase local support services for victims;

• Poor health conditions for people with mental health problems, including a higher probability to suffer bowel cancer, breast cancer, and shorter life expectancy, should be tackled ?as a matter of priority? across the UK; 

• Efforts to tackle suicide rates should be ?intensified?, with improved access to the complaints system for mental health patients;

• There remains de facto discrimination against some of the most marginalised groups in the UK, such as people with disabilities and ethnic minorities. The Committee is ?concerned? that the proposed Equality Bill does not provide adequate protection;

• There is low awareness of economic, social and cultural rights among the UK public and professional groups, including judges, police and law enforcement officials, health care professionals and other public officials;

• The UK should have a national strategy for implementing the International Covenant on Economic, Social and Cultural Rights, including its reflection in domestic law;

• The UK should ratify a new international mechanism which would allow individuals to complain to the UN where their economic, social and cultural rights are violated and they are denied a domestic remedy.

Duncan Wilson, Head of Strategy and Legal with the Scottish Human Rights Commission said:

“In these concluding observations, the UN Committee has shown that the UK has still not done enough to protect these rights, over 30 years after signing up to the International Covenant on Economic, Social and Cultural Rights, a legally binding treaty.

“Economic, social and cultural rights are a guarantee of fairness, justice and human dignity. Taking them seriously will ensure that law, policy and practice in Scotland and the UK give priority to marginalised groups, and increases the capability of everyone to fulfil their potential.

“In the current climate of economic recession and cost-cutting these rights are more important than ever.

“Over the coming eighteen months the Scottish Human Rights Commission will map the realisation of all human rights in Scotland, to develop a roadmap for the realisation of human rights across the country. This work can form the basis for implementing one of the Committee’s core recommendations: the development of a Human Rights National Action Plan.”

NOTES FOR EDITORS

1. The Scottish Human Rights Commission was set up by an Act of the Scottish Parliament, to promote and protect human rights in Scotland. It is a national human rights institution.

2. The UN Committee on Economic, Social and Cultural Rights is composed of 18 members, sitting in their independent capacity, who review the progress of States party to the International Covenant on Economic, Social and Cultural Rights. The UK ratified the Covenant in 1976.

3. The Committee last issued conclusions on the UK?s efforts in 2002.

4. On 10 December 2008 the UN General Assembly adopted an individual complaints mechanism under the Covenant. The UK has not yet signed or ratified this ?Optional Protocol?.

5. The Scottish Human Rights Commission and a number of Scottish non-governmental organisations submitted written briefings to the Committee in April 2009 to support their consideration of the UK?s state report.

The full report can be accessed at: http://www2.ohchr.org/english/bodies/cescr/cescrs42.htm
^{(Go to UK section and scroll right to ‘Concluding Observations’)}

For further information contact Jenifer Johnston, 0131 528 5203 / jenifer.johnston@scottishhumanrights.com