Public authorities failing to meet basic rights in South of Scotland, watchdog warns

In a report on economic, social and cultural rights in the South of Scotland, the Scottish Human Rights Commission (SHRC) examined how public authorities in the region are performing against their legal obligations under the International Convention on Economic, Social and Cultural Rights (ICESCR).

The convention covers the rights to adequate food, adequate housing, education, health, social security, participation in cultural life, water and sanitation, and work. These are collectively known as ESC rights.

The watchdog said it found significant challenges in the enjoyment of ESC rights in South of Scotland, adding that it did not find any right for which the conditions of adequacy under international law were fully met.

"This means that services, goods and systems across the region are not consistently available, accessible, affordable, acceptable, adaptable, or of sufficient quality," the report said.

According to the research, more than half of South of Scotland respondents (55%) worry about affording food – and almost half (46%) rely on a food bank or know someone who does.

The watchdog reported that it found the following "clear cross-cutting" barriers to people's rights:

• Accessibility: poor transport, including ferries, centralised services and digital exclusion keep people from the services they need.
• Affordability: rising costs force people to choose between food, heating and housing.
• Fragility: too much support depends on short-term funding, volunteers and goodwill rather than sustained public investment.

The watchdog said the Scottish Government should use its recently announced programme of public service reforms to improve access to basic economic, social and cultural rights.  

The programme includes plans to reorganise local government in Scotland, which would see the 32 existing councils replaced by 6 to 10 new regional authorities.

Elsewhere, the report called on the Scottish Government, the Scottish Parliament, local councils and NHS boards to urgently strengthen human rights law by creating a domestic legal framework that upholds ESC rights.

It said that the Scottish Government’s proposed Scottish Human Rights Bill, due to be introduced in the second year of this Parliamentary session, has the potential to deliver this.

The watchdog also said the legislation should include clear requirements for duty bearers that put people’s rights at the heart of decision-making.

In addition, it said that any new legislation should provide routes for redress and that complaints mechanisms must also help ensure rights holders can access legal advice when they need it.

The SHRC said it wants public authorities to respond formally to the findings and report their progress to Scottish Parliament Committees.

Professor Angela O’Hagan, Chair of the Scottish Human Rights Commission, said: “Economic, social and cultural rights are about our everyday lives and that means access to food, housing, transport and education, and even water.

“This new report highlights the gaps between the rights we are all entitled to and the lived reality of people’s lives across the South of Scotland, as their testimonies show.

“It is also a call to action for public authorities who manage and deliver services and who are duty bearers with obligations to protect and deliver on human rights obligations.

“People in the South of Scotland told us they feel distant from decision making. This report is about amplifying their voices and taking the evidence direct to the Scottish Parliament.”

Adam Carey