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Improving Human Rights in Scotland- The Universal Periodic Review

What is the Universal Periodic Review?

The Universal Periodic Review (UPR) is a review of the overall human rights records of all United Nation member states. The UPR is coordinated by the United Nations Human Rights Council (UNHRC). The process happens every 5 years and is an opportunity for each country to share the actions they have taken to improve a wide range of international human rights treaties. Click here to learn more about the UPR and how it affects Scotland. 

The UK review covers both reserved and devolved matters. The review also invites non-government organisations and people in society to have a say in how they experience their human rights in every part of the UK.

Who reads the report and what happens then?

The UPR process involves providing a State Report to the UN. This report is then considered by the UPR Working Group who represent the 47 members of the Human Rights Council. Based on the evidence gathered in the report, the state representatives will ask the UK about its human rights records and make recommendations for further action.

Outside the Box and the UPR

In February, Outside the Box were invited to give evidence to the UPR process under the topic Equality and Diversity. (LGBTQ+; Gender; Race, Minorities and Religious Rights) Here are some key points that were raised from work across a diverse range of communities:

What has improved in the last 5 years?

Health, Social Care, and Covid Response

  • Having access to virtual health appointments has benefitted some groups.
  • There was a good effort to promote vaccination equality in 2020 but that proactivity has stopped with potential long-term health inequality impacts.
  • There have been improvements in digital access and reducing digital poverty (e.g. funds to acquire equipment, grants to civil society groups to provide for their stakeholder communities).

Poverty, welfare, and employment

  • Increased flexible working during Covid has increased access to employment for women and disabled people.
  • However, zero hour contacts still exist.
  • Framework provided by the Fair Work Convention is a useful tool – but still needs to be implemented.
  • Best Start grants are helping areas like child poverty – but it’s important to ensure the targeting of the causes, not the symptoms.

What has worsened in the last 5 years?

Equality and non-discrimination

  • There is a lack of representative employment in public authorities e.g. disabled and ethnic minority groups, trans people.
  • A lack of acknowledgement of diverse kinship networks in policy.
  • Suspension of pay-gap reporting during Covid-19.
  • There has been issues with minority groups accessing digital device provisions. There has also been a lack of support/training provided with digital devices and language barriers with digital devices, lack of translation.
  • Lack of real-time hate crime data in lots of areas. e.g. on transport, in schools, where it can be framed as “bullying”.
  • A rise in hate crimes against LGBT+ people. Crimes are often unreported and there is a lack of confidence in the police when it comes to the reporting of crimes.
  • Increases in hate crimes for New Scot women, especially during lockdown/Covid; third party reporting not working. Also a lack of confidence in reporting to police.
  • Failure to make misogyny a hate crime exacerbating issues faced by women.

Health, social care and COVID 19 response

  • Use of technology for medical appointments during Covid has created difficulties for older people and people in rural communities.
  • Mental health – lack of  free, culturally sensitive services. Lack of appointments available for young people/ethnic minority groups/women and girls.
  • Covid has reduced opportunities for participation of older people, disabled people, women (incl. migrant women) in shaping service response to Covid.
  • There is a negative impact of lockdown on right to family, mental health. Also an out of proportion impact on mental health on shielding communities.
  • Cognitive decline due to social isolation in rural communities and older women.
  • Isolation for trans people made worse by lockdown and media rhetoric at that time, this intersects with disability.
  • Lack of individual approach to mental health care.
  • Problems with over prescription.

Poverty, welfare, and employment

  • Negative impact of Brexit on employment law – this has an out of proportion impact on women.
  • Exclusion of women (especially pregnant women) and carers from the workplace.
  • Lack of Covid support for small business, e.g. retail, self – employment.
  • Inordinate impact on minority communities. Also inordinate impact for women on maternity benefits. Report shows that people are slipping through the net.
  • Fuel poverty and energy crisis impacting right to health, safety etc

Migration and citizenship

  • Right to family life impacted by new 7 year immigration requirements.
  • The Borders Bill takes away right to be notified in the event of removal of citizenship. This makes it harder to support refugees. This will also be damaging for LGBTI refugees, e.g. requirements for evidence of identity.

Human rights legal framework

  • Right to protest bill – symptomatic of erosion of UK-wide erosion of rights.
  • Incorporation of CEDAW (The Convention on the Elimination of All Forms of Discrimination against Women) not front and centre of Scottish human rights bill.

Violence Against Women and Girls (VAWG)

  • There is a lack of awareness of a framework for domestic violence.
  • The cutting of domestic violence services has had consequences for women’s health and increased VAWG.
  • More needs to be done regarding education on relationships (and the diverse range of relationships), consent, rights in relationships.
  • Hostile media narratives about women are exacerbating VAWG.

Social isolation

  • Libraries closing has negatively impacted digital access and access to support services, e.g. sign-posting, translation and human contact.

What has stayed the same in the past 5 years?

Equality and non-discrimination (including hate crime)

  • Variation in sex characteristics work, and the non-appearance of Scottish Government consultation on intersex issues.
  • LGBTI inclusion in Catholic schools