Meeting of the Parliament 10 December 2019
Scottish Labour welcomes the debate and the chance to reflect on our progress on the human rights agenda, particularly given that the Labour Party has a proud record of promoting and supporting human rights. It was, of course, a Labour Government that enshrined in UK law the rights and freedoms that are contained in the European convention on human rights.
Last year marked the 70th anniversary of the UN Universal Declaration of Human Rights. Last year’s debate, rightly, reminded members of the basis on which this Parliament was founded, with human rights embedded in our work and in the Scotland Act 1998, as the minister reminded us in her opening remarks. The rights that are contained in the European convention on human rights are enshrined in section 57 of the Scotland Act 1998, which means that the Scottish Parliament cannot do anything contrary to the rights that are contained in the ECHR. The Human Rights Act 1998, which provides important protection to Scottish citizens in relation to laws that are passed on reserved matters by the UK Parliament, is listed in schedule 4 to the Scotland Act 1998.
Although I think that most of us will agree with today’s motion, discussion is still required in some areas, and there are areas of possible disagreement. One such area is the approach that is taken by the Conservative Government at Westminster. Although it might have dropped proposals to repeal the Human Rights Act 1998 and replace it with a British bill of rights, the Conservatives now speak about a pledge to update the act. Sadly, given their track record, I doubt that that would represent an improvement or a strengthening of rights.
Undoubtedly, we have to remain alert and to stick to the pledges that have been made in this Parliament, ensuring that we adhere to the principles on which our Parliament was founded, with everyone having the right to live in dignity and to be treated with respect. The challenges have certainly not diminished over the past 20 years.
The first Scottish national action plan—SNAP—which was widely commended, including internationally, was published on international human rights day in December 2013. The Scottish Human Rights Commission took a leadership role in bringing together people with lived experience of human rights issues and representatives of public bodies and civil society organisations, as well as the Scottish Government. That action plan ran for four years.
SNAP 2 has now been drawn together and is out for consultation. I take this opportunity to thank the Scottish Human Rights Commission and all those who are drafting SNAP 2. I encourage members to promote the work in their constituencies and regions, and I encourage people to provide submissions to the consultation, which closes early next week. Only by ensuring the widest possible engagement can we involve all of Scotland’s citizens in advancing the human rights of all.
The Government has a significant responsibility, as do parliamentarians, in our scrutiny and advocacy roles. However, every family, every community and each individual should have an interest in learning about, and standing up for, everyone’s human rights. Achieving that approach to human rights is not, and has not been, straightforward. We should not make progress for some at the expense of others, and care must be taken, with respectful discussion and thorough scrutiny taking place at all times.
SNAP 2 includes a recommendation to
“Pursue and advocate for the incorporation of the right to an adequate standard of living and other economic and social rights, including getting cross-party support for this agenda”.
My colleagues Mary Fee and David Stewart will mention various issues in the debate, but I would like to specifically mention the right to food. I note that the Scottish Government is still to bring forward the good food nation bill that was promised. The Scottish Food Coalition and many other organisations, which have representatives at Parliament today, hope to see a clear commitment on the right to food in the bill. Scottish Labour would also welcome that.
However, given that we do not have any detail yet, and to assist with focusing discussion on the matter here in Scotland, I intend to consult on a member’s bill. My proposal will include the introduction of a statutory right to food, backed up by an independent statutory body, with clear duties on public bodies, and measures and targets. Labour’s manifesto for the UK general election provides a clear commitment to doing exactly that.
This is undoubtedly a human rights issue. It was a point touched on by the minister in her opening statement. One in four children is living in poverty, children are going hungry every day, and food bank use is multiplying at a completely unacceptable rate—that does not meet the high principles in the Universal Declaration of Human Rights. There can surely be no doubt that child poverty must be tackled as a matter of urgency. However, tackling child poverty, which we in the Parliament are all committed to doing, cannot be done without addressing the discrimination against women in our society. Worldwide, women are oppressed and discriminated against on the grounds of their sex—we have heard about that already in this debate. Violence, sexual assault, degradation and poverty are a reality for far too many women, and our commitment to human rights must mean addressing all of that.
Last week, we would all have been shocked to learn of the death of the young 23-year-old woman who died in India in a New Delhi hospital after being set on fire as she travelled to testify at the trial of two men who were accused of raping her. That shocking loss of life must not be in vain, and that young woman’s bravery in being prepared to appear in court must be recognised. Violent threats or acts of violence continue to silence far too many women. Here in Scotland, the campaigning organisation Zero Tolerance recently highlighted the steady rise in the number of sexual crimes. The Scottish Government’s own figures show 13,547 sexual crimes were recorded for 2018-19. That will be a low figure in comparison to the actual number of sexual assaults, as many still go unreported. The vast majority of those crimes are against women. A recent Engender briefing paper states:
“Violence against women remains a human rights violation experienced at epidemic levels in Scotland.”
Those shocking statistics remind us that we all have much to do both nationally and internationally if we are to each take seriously our role as human rights defenders. I therefore welcome the growing support for international instruments being incorporated into Scots law that place women’s rights at the core of our work in human rights. The UN Convention on the Elimination of Discrimination against Women marks its 40th anniversary this month. Scottish Labour is pleased to add its voice in support of full adherence to the principles that it sets out at national and international levels.
I will conclude by sharing with members a poem by Marion Bernstein, which she wrote in 1876 and is entitled “Human Rights”. It is from “Mirren’s Musings”. Marion Bernstein was a feminist poet writing in Glasgow in the 1870s, and I believe that, as a woman of great talent, she deserves far greater recognition in the Parliament and in wider Scottish society. Reflecting on her words from over 140 years ago, we are reminded of those who came before us arguing so strongly for a society where everyone has their fair share of resources, and where dignity and respect, rather than abuse, are the norm.
“Man holds so exquisitely tight
To everything he deems his right;
If woman wants a share, to fight
She has, and strive with all her might.
But we are nothing like so jealous
As any of you surly fellows;
Give us our rights and we'll not care
To cheat our brothers of their share.
Above such selfish man-like fright,
We’d give fair play, let come what might,
To he or she folk, black or white,
And haste the reign of Human Right.”
On behalf of Scottish Labour, I am happy to support the Scottish Government motion.