UPR – the role of National Human Rights
Institutions
Duncan Wilson, Head of Strategy and Legal
Geneva, Inter-Parliamentary Union, 12
November 2012
The role of an NHRI
A bridge:
– Between international human rights system
and domestic actors
– Between the State and civil society
– Between economic, social and cultural and
civil and political rights
– Between promotion and protection of human
rights
About us….
The Scottish Human Rights Commission
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A Status NHRI with legal mandate to promote and protect all human rights –
civil, political, economic, social and cultural
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Chair of European Group of NHRIs
•
Independent of Government and Parliament
•
Promotion:
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Education and awareness raising
Research
Information and events
Protection powers to:
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Undertake inquiries;
Recommend changes to law;
Intervene in civil court cases;
Enter some places of detention as part of an inquiry
About the Scottish Parliament and
Government
• Scotland Act 1998 established Scottish
Parliament with extensive powers in areas
relevant to human rights including justice,
policing, housing, education, health and all
areas which are not explicitly reserved such as
immigration, defence, foreign affairs
• Parliament has an obligation to legislate
compatibly with ECHR and Scottish Government
have obligation to act compatibly with ECHR
Preparation: Engaging key actors
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All levels of Government: promoting accurate and
complete reporting; high level and representative
engagement; participatory process; follow up
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Diverse civil society: promoting reporting; influencing;
awareness raising.
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With Parliament and other public bodies
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With other states: bilateral and multilateral briefings
Preparation - Collating evidence
• Development of a
stakeholder directory
• Three reviews of legal
literature exploring specific
Conventions/ Acts in relation to
the law in Scotland
• An annotated bibliography of
social research
• A review of individual enquiries
& general intelligence on
systemic issues
• All responses to the
Commission’s 2008-9 national
consultation
• Preliminary data from the
“Human Rights Measurement
Framework”
Reporting
UPR 2012 specific lessons
Scotland
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Parliament – some good examples of human
rights based laws (e.g. mental health, legal
capacity), but need for clearer human rights
consideration
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Strategy and policy– some good examples of
rights based practice – e.g. a rights based
Dementia Strategy
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Practice – good practice in social care through
Care About Rights? And in mental health care
and treatment at The State Hospital
Follow up
• Dissemination of recommendations through
press, to parliamentarians, civil society.
• an effective implementation plan: SMART
objectives, independently monitored, role for
Parliament
• “The World Conference on Human Rights
recommends that each State consider the
desirability of drawing up a national action plan
identifying steps whereby that State would
improve the promotion and protection of human
rights”
– Vienna Declaration and Programme of Action, 1993
Follow up:
Scotland’s National Action Plan
• Based on global commitment
at UN World Conference on
Human Rights - Vienna, 1993
A road-map for the realization
of rights in all areas of life
Evidence based:
• mapping the state of human
rights in Scotland through a
major scoping project – high
level overview
Participatory:
• negotiated commitments
Monitored:
agreed indicators and an independent
monitoring process – to check that
agreed actions are done
Examples from around the world
including Nordic countries (Finland,
Sweden); Commonwealth (Australia,
New Zealand)
International recognition
National action plans can bring clarity to States in
identifying the steps they must take to improve the
promotion and protection of human rights,
especially for the most vulnerable people. I am
pleased to welcome the initiative taken by the
Scottish Human Rights Commission.
Navi Pillay, United Nations
High Commissioner for Human Rights
To develop an action plan openly presenting
problems and a process of developing practical
solutions is a signal of commitment to human
rights. Scotland is joining an increasing number of
countries across Europe that have developed and
implemented National Action Plans to support the
full realization of human rights in practice.
Nils Muižnieks, Council of Europe
Commissioner for Human Rights
Within the UK
• Ensuring inclusive report and participation
(covering all jurisdictions)
• Avoiding passing the buck
• Working with other NHRIs
• Action Plan? Partial success: UK says no,
Scotland says yes.
Reflections on Parliament’s role
• Opportunity to improve systems for human
rights promotion and protection in
Parliament
• Involvement in evidence gathering,
awareness raising and accountability
• Involvement in developing implementation
plan
www.scottishhumanrights.com