Scottish Human Rights Commission reminds the Parliament of human rights obligations ahead of Housing Bill vote

The final stages of the Housing Bill continue at the Scottish Parliament today. Ahead of the vote, the Scottish Human Rights Commission is reminding the Parliament that every person in Scotland has a right to housing that must be respected, protected and fulfilled.

Housing is an important aspect of the right to an adequate standard of living, and also unlocks other essential human rights such as protection of the family and the right to the highest attainable standard of health.

Yet in Scotland today far too many people are experiencing a housing crisis that is directly caused by and is causing poverty, ill-health and exposure to unsafe conditions, including violence.

The SHRC has previously highlighted deep concerns about the unacceptable existence of ‘rooflessness’ in Scotland, which represents the very sharp end of these consequences. For example, SHRC highlighted this issue in our report on Economic, Social and Cultural Rights in the Highlands and Islands in November 2024.

Housing and human rights

The right to housing consists of entitlements that every person in Scotland must have: security of tenure, equal and non-discriminatory access to adequate housing and participation in housing-related decision-making in the community and nationally.

Housing rights are protected by a number of international human rights treaties that the UK has committed to. These treaties recognise that some marginalised groups face specific and additional barriers to safe, secure and adequate housing.

As Scotland has enshrined the rights of children in domestic law through incorporation of children’s rights in the UN Convention on the Rights of the Child (Scotland) Act 2024, it is doubly important that the needs of children are properly addressed in housing law and policy.

The Children and Young People’s Commissioner for Scotland has issued a briefing for Stage 3.

The international human rights framework:

  • The Right to Housing is protected in international human rights treaty law, including:
  • The International Covenant on Economic, Social and Cultural Rights (Article 11
  • The Convention on the Elimination of All Forms of Racial Discrimination (Article 5(e)
  • The Convention on the Elimination of All Forms of Discrimination Against Women (Article 14)
  • The Convention on the Rights of Persons with Disabilities (Article 9 and 28) and
  • The Convention on the Rights of the Child (Article 27). 

 

 

 

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