European Convention on Human Rights and UN Convention on the Rights of Persons with Disabilities

Human rights in Scotland are the subject of important legal safeguards, in particular as a result of the Human Rights Act 1998 and the Scotland Act 1998.

These give domestic legal effect to internationally-recognised rights and freedoms found in the European Convention on Human Rights (ECHR).

For example, legislation passed by the Scottish Parliament is not law if it is incompatible with these “Convention rights”. The powers of Scottish Ministers are also subject to important limitations.

More generally, it is unlawful for any public authority (including both central and local government) to act in a way that is incompatible with the Convention rights. It is therefore important that all public bodies and practitioners ensure that they carry out their functions in a way that is ECHR-compatible.

Additionally, the Scottish Government has committed to incorporate four United Nations treaties into Scots law, as far as possible within devolved competence, including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This Convention promotes non-discriminatory, inclusive participation for all, with respect for the individual’s dignity and differences, reinforcing equal rights of people with disabilities. Incorporation of UNCRPD will place greater impetus on public bodies to remove barriers and support disabled people to fully participate in society.