Equality and Human Rights Law in the UK
Human Rights in UK law
The Scotland Act 1998 states that, similarly to the Human Rights Act, all Scottish legislation and public bodies must comply with the European Convention on Human Rights (ECHR). If a court finds that legislation passed by the Scottish Parliament is ‘not law’ because it is incompatible with ECHR rights, the legislation can be struck down and ceases to have any effect.
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The European Convention on Human Rights (ECHR) protects a series of civil and political rights. For example, the right to life, right to freedom of expression and the right to respect for private and family life. Article 14 prohibits discrimination in respect of other rights and freedoms. |
The Human Rights Act 1998 incorporates these rights contained in the ECHR into UK law so that courts in the UK can hear human rights cases. The Act requires all legislation to be compatible with the ECHR rights. The Act makes it unlawful for a public body to do something that is against ECHR rights and means that an individual can take a public body to court or a tribunal if it does so. |
The European Court of Human Rights aims to make sure that countries that are members of the Council of Europe respect the rights and guarantees set out in the European Convention on Human Rights.
If an individual or group has exhausted all ways to challenge an alleged human rights violation in UK courts, they can make a complaint (known as an application) to the European Court of Human Rights. However, this is not straightforward and it can take years for a case to be heard. You should seek legal advice if you are considering this international remedy.
If an individual or group has exhausted all ways to challenge an alleged human rights violation in UK courts, they can make a complaint (known as an application) to the European Court of Human Rights. However, this is not straightforward and it can take years for a case to be heard. You should seek legal advice if you are considering this international remedy.
Equality in UK law
The Equality Act 2010 brought together over 100 separate pieces of legislation into a single Act to create a legal framework around equality rights in the UK, including equality of opportunity. It gives protection around certain ‘protected characteristics.
Protected characteristics identified by the Equality Act 2010 are:
- Age
- Religion and belief
- Race
- Disability
- Sex
- Sexual orientation
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
This Act also established the Public Sector Equality Duty which requires public authorities to consider the needs of protected groups. Public authorities report on their action to implement these duties every 2-4 years.
Scottish Ministers are also required to publish proposals to enable better performance of these duties at least every 4 years.
Scottish Ministers are also required to publish proposals to enable better performance of these duties at least every 4 years.
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The general Public Sector Equality Duty requires public authorities to:
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There are also specific duties for public bodies in Scotland where they are required to:
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UN Treaties on Rights
The UK has signed up to seven international UN human rights treaties, which means that they agree that they will implement the rights set out in them. These Treaties are:
It is not currently possible to take cases in domestic UK courts directly on the basis of these UN treaty rights (though the principle of some of these UN rights may be found in other Scottish legislation). However many of the treaty principles are also found with the European Convention on Human Rights (ECHR).
It is also possible for individuals or groups of people to raise complaints under CEDAW or the UNCRPD if they feel that their rights have been breached. To find out more about how to raise an issue within this international process, contact the Equalities and Human Rights Commission (EHRC) or the Scottish Human Rights Commission (SHRC).
The UN treaties are also implemented through a process of regular country-by-country review with recommendations, to ensure that countries progressively get better in implementing these treaty rights.
The Scottish Government also plays a part in these review processes.
- The Convention on the Rights of the Child (UNCRC) and two of its optional protocols.
- The International Convention on the Elimination of All Forms of Racial Discrimination (UNCERD)
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)
- The International Convention on the Rights of Persons with Disabilities (UNCRPD)
- The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
- The International Covenant on Economic, Social and Cultural Rights (ICESCR)
- The International Covenant on Civil and Political Rights (ICCPR)
It is not currently possible to take cases in domestic UK courts directly on the basis of these UN treaty rights (though the principle of some of these UN rights may be found in other Scottish legislation). However many of the treaty principles are also found with the European Convention on Human Rights (ECHR).
It is also possible for individuals or groups of people to raise complaints under CEDAW or the UNCRPD if they feel that their rights have been breached. To find out more about how to raise an issue within this international process, contact the Equalities and Human Rights Commission (EHRC) or the Scottish Human Rights Commission (SHRC).
The UN treaties are also implemented through a process of regular country-by-country review with recommendations, to ensure that countries progressively get better in implementing these treaty rights.
The Scottish Government also plays a part in these review processes.
Human rights and equality in other legislation
Rights of different kinds can be found across many aspects of legislation in Scotland. For example, the Children and Young People Act 2014 includes specific rights for children. Rights relating to for example, housing or social care or health, can be found in other pieces of law. For organisations to contact for more information on the details of these legal rights, see Resources.
