International – Human Rights

Human Rights Conventions

The concept of core human rights is enshrined in the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948. The UDHR, along with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, forms the International Bill of Human Rights.

Core human rights are the fundamental rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. These rights are universal, meaning they apply to everyone, everywhere. They are also inalienable, meaning they cannot be taken away.

There are 9 core international human rights treaties. The UK has signed 7:

  1. International Convention on the Elimination of Racial Discrimination – CERD (1965)
  2. International Covenant on Civil and Political Rights – ICCPR (1966)
  3. International Covenant on Economic, Social and Cultural Rights – ICESCR (1966)
  4. The International Convention on the Elimination of Discrimination Against Women – CEDAW (1979)
  5. The International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
  6. The International Convention on the Rights of the Child – UNCRC (1989)
  7. Convention on the Rights of Persons with Disabilities – CRPD (2006)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1969

The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) was signed by the UK in 1966 and ratified in 1969.

In this Convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (United Nations, 1969)

The UK’s progress on implementing ICERD was last reviewed by the Committee on the Elimination on Racial Discrimination in 2024. The Committee’s Concluding Observations (recommendations) included various issues relevant to children, including discriminatory counter-terrorism measures that the UK Government had implemented and racial profiling by law enforcement (United Nations, 2024). The impact of counter-terrorism measures, particularly the Prevent Strategy, on children was also highlighted by the Committee on the Rights of the Child in its 2016 and 2023 Concluding Observations.

The United Nations – Principles relating to the Status of National Institutions (Paris Principles) 1995

The Paris Principles, formally known as the “Principles relating to the Status of National Institutions (Paris Principles)”, are a set of internationally recognised standards that outline the essential characteristics of effective National Human Rights Institutions (NHRIs). These principles emphasise the importance of independence, a broad mandate, and robust capacity for NHRIs to effectively promote and protect human rights within their respective countries.

NHRIs in the UK include

The United Nations – The Durban Declaration and Programme of Action 2001

The Durban Declaration and Programme of Action (DDPA) is a comprehensive document adopted in 2001 at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa. It serves as a framework for global efforts to combat racism, racial discrimination, xenophobia, and related intolerance. The DDPA acknowledges the historical roots of racism, including colonialism and slavery, and their lasting impact on contemporary inequalities (United Nations, 2002).

Devolution (1998) and Ratification of Conventions and Optional Protocols

All of the 7 conventions signed by the UK were signed prior to devolution in 1998. As such, all UK ratified conventions are also considered to be ratified by Scotland.

Whilst only the UK can formally ratify conventions or optional protocols there has been a difference noted in regard to some of the optional protocols that were introduced subsequent to devolution.

For example, the UK has ratified the Optional Protocol on Children in Armed Conflict and the Optional Protocol on the Sale of Children. However, the UK chose not to ratify Optional Protocol 3 on a Communications Procedure, which provides a mechanism for a child to lodge a complaint directly with the UN Committee on the Rights of the Child after exhausting local remedies.

In response to this, the Scottish Government has expressed support for the principle of Optional Protocol 3 and has pressed the UK Government to ratify it.

It is noted that in addition to choosing not to ratify The International Convention for the Protection of All Persons from Enforced Disappearance (2006) and the International Convention for the Protection of all Persons from Enforced Disappearance,  The UK has also chosen not to ratify the Optional Protocol to ICESCR, and the First Optional Protocol to ICCPR.

Whilst the Scottish Government cannot independently ratify conventions or optional protocols, Scotland, through the UNCRC (Incorporation) (Scotland) Act 2024, now has the power to amend domestic law to incorporate these or other future protocols if the UK ratifies them, notes the Scottish Government

United Nations – Periodic Reviews 2016, 2024

A periodic review by the UN Committee on the Elimination of Racial Discrimination (CERD) regarding its compliance with the Convention on the Elimination of All Forms of Racial Discrimination (CERD).
This review process involves the Committee examining the UK’s progress in eliminating racial discrimination based on reports submitted by the UK government and other stakeholders, including civil society organisations. The UK’s two last reviews were conducted in 2016 and 2024 (submissions made by Scottish stakeholders from 2022 onwards).

United Nations – Special Rapporteurs 2018 (Published Report 2019)

Country visits are mandated activities carried out by the Special Rapporteur to get an in-depth understanding of country-specific contexts of freedom of religion or belief. Each year, the expert can carry out up to two country visits. The visits are announced via upcoming visits and media advisory. At the end of each country visit, the expert will present preliminary findings to the press, which includes a press release and an end of mission (EOM) statement. The expert will present the country visit reports to the Human Rights Council in March session each year.

At the invitation of the Government, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance visited the United Kingdom of Great Britain and Northern Ireland from 30 April to 11 May 2018. The final report was published 2019.

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