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Committee

Equalities, Human Rights and Civil Justice Committee 06 May 2025

06 May 2025 · S6 · Equalities, Human Rights and Civil Justice Committee
Item of business
International Covenant on Economic, Social and Cultural Rights

Thank you, convener. I am grateful to the committee for inviting me to give evidence. I welcome the role of the Parliament as a human rights guarantor for the people of Scotland and the distinct work of this committee in driving progress on that. I am looking forward to discussing the issues and working with the committee on the Parliament’s and the committee’s approach to national level scrutiny, following on from the international human rights reporting mechanisms.

The leading role of the Parliament in supporting and overseeing the implementation of human rights has been formally recognised internationally. Of course, all of our parliamentary committees have a role to play in that. Over the past two decades, the Parliament has played a critical role in developing a culture of human rights. That is demonstrated, for example, by the establishment of the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission, along with the work to incorporate international human rights treaties such as the United Nations Convention on the Rights of the Child.

With regard to the international reporting of human rights, we welcome the international scrutiny of our human rights record. International treaty reporting in relation to state parties takes place on a cyclical basis and drives improvement by requiring state parties to account for past performance and to respond to recommendations for future actions. Engaging with international human rights monitoring mechanisms, such as those within the United Nations and the Council of Europe, ensures that we remain vigilant about implementing our international obligations and focused on making continued improvements to the realisation of rights for people in their everyday lives. It also gives us an opportunity to share international examples of good practice and strong delivery.

In February, as part of a United Kingdom delegation to the UN in Geneva, Scottish Government officials took part in the seventh periodic review of the International Covenant on Economic, Social and Cultural Rights. The interactive dialogue is an important transparency, scrutiny and accountability mechanism, and we welcomed the opportunity to provide evidence on the actions that Scotland has taken in relation to devolved matters since the previous reporting period in 2016. The UN committee welcomed Scotland’s approach to the incorporation of international treaties and to tackling issues such as child poverty and drug-related deaths.

On 3 March, the committee published its concluding observations, which set out the recommendations for both reserved and devolved policy areas. There are more than 130 recommendations to the UK state party, of which 49 recommendations relate to policy areas that are devolved to the Scottish Government.

It is worth noting that that interactive dialogue is historically significant, because the UN committee received the largest number of civil society reports for any state party review, which is an example of an achievement that we can all be proud of. Building on that, we are engaging with civil society to consider our next steps and how we can strengthen our approach to implementation.

That engagement includes the development of a human rights digital tool to openly and transparently track concluding observations from international treaty bodies and to provide a platform from which to monitor implementation in Scotland. A design group has been established, which includes representatives from civil society as well as parliamentary officials, to advance the phased development of the tool, with a view to launching an initial product by March 2026. Our shared ambition is that the information in the tool will be useful for civil society and the Parliament, including committees such as this one, for the purpose of enhanced informed scrutiny of the implementation of the recommendations in the concluding observations, which will help to drive forward policy improvements and resilience.

As the committee knows, we are working to develop proposals to incorporate into domestic law a number of international treaties such as the International Covenant on Economic, Social and Cultural Rights. Incorporation of treaties into domestic law strengthens the protection of human rights by making them a part of the domestic legal framework, ensuring that those rights are accessible to the people who need them and are increasingly embedded in all policy, practice and service delivery. Through that approach, we aim to build a stronger human rights culture in Scotland. Through the development of human rights capability building across the public sector, we are taking steps now to lay the groundwork for future legislation. All of that work is closely linked to our equality and human rights mainstreaming strategy.

The focus of today’s evidence session is the United Nations Committee on Economic, Social and Cultural Rights recommendations on Scottish devolved policy. Although the treaty covers a wide scope of devolved policy areas, from education to health, I understand that the committee is particularly interested in hearing about evidence that relates to social security, because our radically different Scottish system is founded on the principle that social security is a human right. That is in sharp contrast to the UK approach, which, only last month, Amnesty International described as “consciously cruel”, after publishing a report that identified what the organisation described as “severe human rights violations” at the heart of the UK Government benefits system.

Based on dignity, fairness and respect, our system mitigates the worst of UK Government austerity and invests in the people of Scotland, providing vital assistance to enable older people to heat their homes and to help disabled people to live independent lives. In 2025-26, we are investing £644 million in our package of seven benefits and payments, including the Scottish child payment, that are available only in Scotland.

I agree entirely with the UN’s observation that the UK Government must end the unacceptable two-child cap. In the light of the UK Government’s failure to act on that recommendation, we are working to end the cap in Scotland by next April.

We are committed to meeting our 2030 child poverty targets. The 2025-26 Scottish budget prioritises action to eradicate child poverty, not only through our social security system but through much wider investment—for example, in breakfast clubs, employability support and free bus travel.

Thank you for your patience, convener. I look forward to answering the committee’s questions and to working with you to further embed good practice in the follow-up process for international reporting mechanisms.

In the same item of business

The Convener SNP
Our second agenda item is an evidence session on the Scotland-specific issues that were raised in the United Nations Committee on Economic, Social and Cultur...
The Minister for Equalities (Kaukab Stewart) SNP
Thank you, convener. I am grateful to the committee for inviting me to give evidence. I welcome the role of the Parliament as a human rights guarantor for th...
The Convener SNP
Thank you, minister. What is the Scottish Government’s current timeline for introducing the human rights bill, and will it include full incorporation of ICES...
Kaukab Stewart SNP
It remains our intention to introduce the human rights bill in the next parliamentary session—subject to the outcome of the 2026 election, of course. In the ...
The Convener SNP
Will mechanisms be included to ensure public participation and accountability in the implementation of human rights?
Kaukab Stewart SNP
Proposals for the bill have been informed by extensive engagement over a number of years with a range of rights holders, duty bearers, civil society represen...
Evelyn Tweed (Stirling) (SNP) SNP
Good morning. Will the Government commit to ensuring that duties in the human rights bill apply across all public bodies, not just to the Scottish Government...
Kaukab Stewart SNP
Undoubtedly, that is a complex area, and we continue to work through it. For instance, the UK Supreme Court’s 2021 judgment on the United Nations Convention ...
Evelyn Tweed SNP
You touched on this in an earlier answer, but perhaps you can expand a bit. How will the bill embed effective remedies and accountability for rights breaches?
Kaukab Stewart SNP
That is a good question. There are two main strands to the work to increase accountability for human rights under the bill. The first involves establishing a...
The Convener SNP
We have heard a bit about the accountability of different departments and people in relation to delivery. Will you tell us a bit about the treaty body tracki...
Kaukab Stewart SNP
Yes, I can give an overview, and then perhaps the convener will be minded to allow Alexandra Devoy to come in on that, as she has been working on the tool qu...
Alexandra Devoy (Scottish Government)
I will build on what the minister has said. In autumn last year, the Cabinet Secretary for Social Justice committed to publishing a tracker by March 2026. We...
The Convener SNP
We move to questions from Marie McNair, who joins us online.
Marie McNair (Clydebank and Milngavie) (SNP) SNP
Minister, in your opening contribution, you set out what the Scottish Government is doing to eradicate child poverty. How is the Government responding to CES...
Kaukab Stewart SNP
I am sorry, but I missed the end of that.
Marie McNair SNP
I was asking you to respond specifically with regard to how the Scottish Government is responding to CESCR’s recommendations on food insecurity.
Kaukab Stewart SNP
Thank you for repeating that. Eradicating child poverty in Scotland is a national mission and the First Minister’s top priority for the Government. The Scot...
Marie McNair SNP
What steps are being taken to embed intersectionality and equality into all anti-poverty and social security strategies?
Kaukab Stewart SNP
Forgive me, Ms McNair—I will just touch on the food bit of your previous question. I did not hear it the first time, and it went out of my head the second ti...
Marie McNair SNP
Sure. What steps have been taken to embed intersectionality and equality into all anti-poverty and social security strategies.
Kaukab Stewart SNP
Thank you for that really important question. We must remember that everything regarding social security benefits goes through robust equality impact assessm...
Marie McNair SNP
It is so important that the voices of those with lived experience shape our future policies and strategies. I certainly welcome your assurance that such enga...
Kaukab Stewart SNP
We are identifying the six priority groups that are at the highest risk: lone parents, minority ethnic families, families with disabled adults and children, ...
Marie McNair SNP
Thank you.
The Convener SNP
We will move on to questions from Tess White.
Tess White (North East Scotland) (Con) Con
My question is on the rights of women, disabled people, the LGB community, the TI+ community and racialised minorities. You said at the start of the meeting ...
Kaukab Stewart SNP
We take the participation, accountability, non-discrimination and equality, empowerment and legality—PANEL—approach to policy making. We actively engage with...
Tess White Con
That is welcome, particularly bearing in mind that we had a whole session on the public sector equality duty and all nine protected characteristics. You hav...
Kaukab Stewart SNP
There was a meeting on 30 April about the Supreme Court judgment. However, I was not privy to that, so I think that it would be fair to pass that question to...