Issue 40 February 2008 - Introduction from the Editor

2008 is a milestone year on the journey of the protection and promotion of human rights ... prompting the question of finding out just how far we have come and how do we go forward in our interdependent Scottish, UK and international context.

These are questions facing us all and particularly the newly created Scottish Commission for Human Rights and the GB Equality and Human Rights Commission which will begin their work together this year.

This is the year of the 60th Anniversary of the historic Universal Declaration of Human Rights of 1948--how far has the world come and how can it go further in protecting and promoting human rights in today's challenging environment? A helpful post-9/11 reference has been provided by the former UN Secretary-General, Kofi Annan, in his "In Larger Freedom ... " report, http://www.un.org/largerfreedom/[accessed February 18,2008] outlining the interdependence of security, development and human rights as the three strategic UN pillars of the 21st Century. The monitoring of, or lack of monitoring of, progress towards the achievement of the UN Millennium Development Goals offers just one benchmark, http://www.un.org/millenniumgoals/[accessed February

18, 2008].

This is also the year of the 10th Anniversary of the UK Human Rights Act of 1998--now under assault with the challenge having become how best to protect and promote the Act itself as a vehicle for developing a culture of human rights in the UK.

The month of March is expected to see published a UK Government Green Paper on a British Bill of Rights and Responsibilities, and consequent public debate can be anticipated as to whether it actually strengthens or weakens the protection and promotion of human rights of all within the UK.

April will bring the UK Government before the UN Human Rights Council in Geneva to render account under the new Universal Periodic Review Procedure regarding its implementation across the spectrum of its international human rights obligations. This will be a helpful benchmark by which to evaluate the content and effect of any proposed British Bill of Rights and Responsibilities. Issues within the UN's potential recommendations are likely to include the need of the UK to incorporate those international human rights treaties it has so far failed to do (e.g.the International Covenant on Economic, Social and Cultural Rights) and bringing anti-terror and asylum and immigration law and practice into line with existing treaty obligations. A contribution in this Issue from Jamie McRorie, a public law practitioner, provides some context. This UPR process could well inform any research project undertaken by the Scottish Commission for Human Rights or others as to just how the breadth of human rights--civil, political, economic, social and cultural-stand today within Scotland.

July and September will also see further UN scrutiny of UK implementation of its obligations under the specific treaties of the International Covenant on Civil and Political Rights and the UN Convention on the Rights of the Child and will also contribute to an understanding of the situation of human rights within the UK.

The domestic Scottish landscape of 2008 offers a diversity of contemporary issues ...

Proposed Holyrood legislation addresses a variety of significant matters from climate change to criminal justice with the latter subject-matter being explored in this issue by a rather sobering contribution from John Scott, a leading solicitor-advocate.

Fulfilling the intentions of past exemplary Holyrood legislation such as the Mental Health (Care and Treatment) Scotland Act 2003, through developing best practice on the ground remains very much on the agenda and serves as an example of the potential practical value of providing human rights "Training of Trainers" in the public sector generally, including within residences for older persons and children.

Actions on recent reports such as the Historic Systemic Child Abuse Review including a Scottish Government response of a proposed Truth and Reconciliation Forum will benefit from a human rights input. There are indications that systemic child abuse is by no means only historic and that, whilst acknowledging recent legislative and other advances, development of an institutional culture of respect for children's rights is vital and remains a challenge.

Increased attention to the conditions and rights of older persons, particularly in private residential institutions not directly subject at present to the protection of the Human Rights Act, is undoubtedly going to assume a greater profile.

"Dawn raids", detention of children at Dungavel and related issues of lack of resources to public funds of asylum seekers will continue to cause much public debate.

Continued public concern can also be anticipated over the alleged use of Scottish airports for "extraordinary rendition". Given the indefinite nature and length of the "war against terror" and increased attention to be given throughout this year to the UK's international human rights obligations, including the UN Convention Against Torture and the prohibition of torture under the ECHR, the issue of establishing an independent and effective system of monitoring and inspection of suspected air traffic will remain on the agenda.

The need of a system of adequate and independent investigations into fatalities can also expect to be raised by those concerned. More broadly, proposals concerning the reform of our civil justice system, including those coming out of the Lord Gill consultation process, are likely to stimulate debate over access to justice, particularly for the most disadvantaged.

Public concern about our ever-increasing "surveillance society", including lack of appropriate safeguards regarding authorisation and data protection, is likely to increase throughout the year with regard e.g. to the proposed future introduction of ID cards.

These are just some of the challenges and opportunities that face the Scottish Commission for Human Rights, working alongside the GB Equalities and Human Rights Commission, as they jointly set about their important mandates in the course of this significant year.