Hansard

I rise to speak on behalf of the Justice Committee and am pleased to speak on the progress of SNAP, Scotland’s national action plan for human rights, which is now in its second year.

A considerable amount of progress has been made in the 20 years since the international community agreed to promote national action plans for human rights, but despite the relatively strong laws and institutions to protect human rights in Scotland, that has not always translated into the everyday experiences of many people.

SNAP was introduced in 2013. It builds on the values of dignity, equality, freedom, autonomy and respect, which were first set out in the Universal Declaration of Human Rights, and it provides a framework for human rights in Scotland. SNAP’s overall vision is of a Scotland where everyone can live with human dignity. To realise that vision, the Scottish Human Rights Commission has developed an action plan that seeks to make human rights law a reality in people’s lives by responding to the distinct challenges that we face in Scotland.

The SNAP report allows us to take stock of our progress towards a sustainable human rights culture. It also maps out next steps in areas where the value of a human-rights-based approach is already recognised and, more important, it allows us to foster learning and innovation in areas of life in which the value of human rights has not yet been realised.

The Justice Committee engages with SNAP through our rapporteur, John Finnie, who will, I understand, sum up for the committee. Mr Finnie receives biannual updates from Professor Miller, which are then fed back to the committee for its consideration.

The Justice Committee and Justice Sub-committee on Policing have also sought to examine human rights as part of our scrutiny. Probably the most referred to article against which we test legislation is article 6 of the European convention on human rights, which is about the right to a fair trial. I use the word “trial”, but it is called a hearing in civil cases. Article 6 states:

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”

That can refer to a simple hearing about which school a child goes to, or to something on a larger scale, such as criminal proceedings. The right to a fair hearing is an important part of Scots law and we test all proposed legislation that comes before the committee against that.

Another example is our consideration of the Abusive Behaviour and Sexual Harm (Scotland) Bill, during which we took evidence from a representative of the Scottish Human Rights Commission. The Justice Sub-Committee on Policing continues to scrutinise, within the context of human rights, Police Scotland’s approach to stop and search and its use of surveillance. It is about the difficult balance that is to be struck between the rights of the individual and the requirements of society and the community as a whole.

With its focus on seven specific outcomes, SNAP offers a long-term vision for human rights all the way to 2030, but it is encouraging to note the progress that has already been made in the past two years. There is a new online portal that brings together resources that have been developed on human rights in health and social care. I am pleased to see that the cabinet secretary with responsibility for older people is here today, because the issue has an important application to older people. There is also the housing rights in practice project, which I will say more about later.

The progress that has been made is testament to the dedication of the commission, its staff and its partners: the committee commends them for their achievements to date. Special mention should go to Professor Alan Miller, who I believe is with us in the gallery today. As many members know, he is stepping down as chair of the commission this year. I take this opportunity to commend him on behalf of the committee for his commitment in driving forward the human rights agenda in Scotland and elsewhere. I understand that Scotland now enjoys an internationally recognised reputation for its approach to human rights, which is due in no small part to the work of Professor Miller.

The committee heard from Professor Miller back in January, and members were particularly interested in the work that is being done through SNAP at local level. We in Scotland enjoy a relatively high standard of living, so it is easy to take for granted the intrinsic role that human rights play in our everyday lives. Eleanor Roosevelt, in her speech marking the tenth anniversary of the Universal Declaration of Human Rights, asked where human rights begin. For her, the answer was that they are found not in some philosophical ideal, at the negotiating table or in some international forum, important though those are, but in the small places, close to home. They are in the world of the individual person, the neighbourhood we live in, the school or college that we attend, the factory, farm or office where we work or the hospital and care home. She said:

“Unless these rights have meaning there, they have little meaning anywhere.”

I mentioned the housing rights in practice project, which is being conducted just down the road in Leith. That pilot project is helping residents in Edinburgh to use human rights to tackle substandard housing and living conditions. The Justice Committee was surprised to learn that the chair of the commission, Professor Miller, was busy with a small project like that, but that is where it matters. It is such projects that demonstrate the need for us to move beyond the preconceived notion of human rights as being something that is separate and academic or esoteric, and instead to see them as being practical and relevant to the everyday.

A tenant who is involved in the project had this to say about the value of considering local issues in the context of human rights:

“Before, I had no idea that I had any human rights regarding my housing conditions. I had contacted the Council on many occasions to try and improve conditions in my home and in my community. On some occasions I succeeded however, in the majority I failed.

Through the organisations involved I have learned a lot. They have encouraged me to involve the community as a whole and to discuss our problems in regards to our homes and environment. As a result the residents association has reformed. I have learned that housing conditions not only impact on physical health but also on our mental health.

The process is currently in the early stages and I look forward to working … to make our community a peaceful and happier place.”

It is encouraging to see how the commission’s work is contributing to the lives of constituents. The committee will continue to monitor its progress.

Under SNAP, the commission is also working to ensure that human rights inform our approach in a number of other important areas. It has continued its focus on justice and safety issues by holding a series of accountability round tables to scrutinise the commitments that have been made by the Scottish Government, Police Scotland and others. By involving people whose rights have been affected through a series of stakeholder round-table meetings under SNAP, the commission has created an open and frank space for organisations to account for their record on human rights issues.

Another important area is the commission’s work with the Scottish Government under SNAP to monitor implementation of the action plan on historic abuse. By using human rights to inform how survivors interact with authorities, SNAP has encouraged parties to take a structured approach that is based on the delivery of 10 key outcomes. Those include exploration of options for a national survivor support fund, consideration of the merits of an apology law—my colleague Margaret Mitchell has made progress on that—and consideration of the value of a national inquiry. All those areas of work help to foster a human rights approach across our public institutions, and will inevitably embed in the public consciousness the principles that are advocated by SNAP. It is important for SNAP to build on those achievements and to maintain momentum in order to realise successfully its long-term goals.

Human rights are an effective means of achieving many of Scotland’s other policy goals and, through SNAP, the commission has already forged excellent relationships with many of Scotland’s public authorities. Although substantial progress has been made, more action is needed to ensure that human rights are successfully embedded in the fabric of Scottish society. If they have not already done so, I encourage all Scotland’s public authorities to reflect on SNAP’s year 2 report and to consider how human rights can be embedded throughout their organisations.

SNAP will play an ever-increasing role in the wider debate about human rights law and—more important and more relevant at the moment—our relationship with the European Union. I am confident that the progressive approach that has been taken under SNAP will be invaluable in ensuring that human rights continue to be the foundation on which our society is built.

I look forward to listening to members’ speeches and to reflecting on positive and constructive debate on SNAP. It is encouraging to note the progress that has been made in the space of two years, but we should not be complacent in our pursuit—or, indeed, our defence—of the principles that are advocated by SNAP.

I again congratulate Professor Miller and his team for all their hard work. I am confident that the commission will continue to maintain Scotland’s reputation as a leader in human rights on the international stage.

I move,

That the Parliament notes the publication on 10 December 2015 of the second annual report on Scotland’s National Action Plan for Human Rights (SNAP), SNAP: Scotland’s National Action Plan for Human Rights - Year Two Report.