Tag: human rights

People with learning disabilities call for urgent changes to resuscitation decisions about their lives

Today the British Institute of Human Rights (BIHR) releases a new report produced with people with learning disabilities, their loved ones and supporters, detailing the need for big changes to the way do not attempt cardiopulmonary resuscitation (DNACPR) decisions are made in healthcare.

The report, published alongside England’s Health Ombudsman’s review, spotlights how these decisions are being made without people’s involvement, sometimes fuelled by discriminatory attitudes about disabled people rather than medical factors.

People with learning disabilities call for significant and urgent changes to DNACPR decision making, so that they and their loved ones can make informed decisions, where medical professionals meet their duties to uphold people’s human rights.

A Do Not Attempt Cardiopulmonary Resuscitation notice (commonly abbreviated to DNACPR) is a notice placed on a patient’s file saying that if their heart or breathing stops, doctors will not try to restart it.

As Rebecca, shares in BIHR’s report: “This is a sensitive and emotional subject that needs to be discussed openly. These honest conversations are important to us, we should always be involved in any conversation about our lives and should have our voices heard. We all have a right to make decisions about ourselves.’

The report was commissioned by England’s Health Ombudsman and sits alongside its review of end-of-life care, which was also released today and calls for improved DNACPR conversations for everyone.

The Ombudsman’s report notes that whilst DNACPR discussions are positive when done correctly, this is not always happening, and in some cases, doctors breached people’s human rights by not even informing them or their family that a DNCAPR notice was made.

Shaunie, a member of user-led advocacy organisation My Life My Choice, who contributed to BIHR’s report, shares his experiences supporting peers, saying that: “this always gets brought up as being wrong on so many different levels because doctors don’t consult with parents.

“Parents are then on the back foot and have to fight. The process is so bad, it really is.”

Similar experiences are echoed by family members and support workers, such as Certitude Care Manager Anthony. Anthony discusses the challenges of making complaints as a service provider and highlights that DNACPR decisions can be left off the NHS’s most widely used database system.

BIHR’s research report, published today, sets out clear recommendations from people with learning disabilities and those who support them, including that there is an urgent need for healthcare professionals, services and systems to provide accessible information on the decision-making process and to make it clear that people can challenge DNACPRs.

Alongside the written report, BIHR has produced a series of videos explaining the research and featuring commentary from participants, together with Easy Read translations, all available on BIHR’s website and YouTube channel.

BIHR’s CEO, Sanchita Hosali, says: “Poor decision-making around the use of DNACPR risks breaching people’s legally protected human rights.

“Whilst the Covid pandemic threw a spotlight onto the discriminatory and disproportionate use of DNACRP decisions for many groups, this is a long-standing human rights risk faced by many people with learning disabilities.

“Today’s report is directly driven by the experiences of people with learning disabilities, their loved ones and supporters. People have shared powerful stories of their experiences, and their fears should they ever need resuscitation.

“We should all stop, listen and take action on the recommendations, to ensure people with learning disabilities have equal respect for their human rights in healthcare, particularly when critical decisions like DNACRP are being made. 

“As Lara, who took part in our research says “I just don’t want this to be something that gets shoved on a shelf and forgotten about.””

Ticket sales up for this year’s Storytelling Festival

Multiple sell-outs and thunderous applause were enjoyed by the organisers and performers at this year’s Scottish International Storytelling Festival (13-29 Oct).

The festival’s two week programme of live storytelling, music, art and song enjoyed a 20% increase in ticket sales from its events at the Storytelling Centre in Edinburgh, online and in pubs, gardens and other venues across the city. 

Including the Festival’s Go Local programme, which runs until the end of November bringing storytelling events to village halls and parks all across Scotland, from Shetland to Dumfries and Galloway, the festival’s 2023 programme included over 125 events, with 64 taking place in Edinburgh compared to 75 during Scotland’s Year of Stories 2022.

This year’s festival theme was our ‘Right To Be Human’ chosen to mark the 75th Anniversary of the Universal Declaration of Human Rights.

Storytellers both local and international embraced this theme and presented tales of war, gender inequality, censorship; ethnic, cultural, linguistic and religious prejudices; and other threats and challenges that impact us daily as we live in the midst of so many humanitarian crises across the world.

Donald Smith, Director, Scottish International Storytelling Festival said: “Right To Be Human, the theme of this year’s Scottish International Storytelling Festival has evoked powerful and eloquent creative responses, and drawn capacity audiences.

“Inspired by the 75th Anniversary of the Universal Declaration of Human Rights, the Festival theme gained tragic resonance as Middle Eastern conflict – added to war in Ukraine, the Yemen and Sudan – produced appalling, large-scale breaches of fundamental rights. 

“At the same time the Festival drew strength from growing worldwide advocacy which is advancing human values and experiences through legal, social and cultural frameworks. We were also encouraged by the Scottish Government’s plans to incorporate more recent international conventions on environmental, cultural, children’s and other rights into domestic law in recognition of the 75th Anniversary.

 “In a myriad of storytelling performances, eloquently married with music and dance, themed workshops, and podcasts, the Festival programme embraces the highs and lows of humanity’s existential planetary struggles, while keeping the frailty and humour of human life in close focus.

“Artistic inspiration remains vital to confronting the horrors of abuse while invigorating hope and its constructive outcomes.”

Steve Byrne, Director of TRACS, the festival’s parent organisation, said: “The festival is a flagship event for TRACS and we are delighted to see its success in connecting with new audiences this year on such a profound theme of our collective human rights, so often under great challenge in many parts of the world.

“The Festival is a superb advert for the humanity and empathy of our storytellers and traditional artists, upholding TRACS’ mission of celebrating the diversity of local cultural traditions from around the globe.”

For those who couldn’t attend in person, Global Lab – a daily programme of online lively workshops discussing this year’s festival theme ‘Right To Be Human’ led by nationally and internationally renowned guest speakers was available.

Chaired by Festival Director Donald Smith, Global Lab talked about our human rights, our cultural rights, our place in nature, and the empowerment of children, exploring how it is often better to light a candle, than to curse the darkness in the world.

Dates for 2024 are to be announced.

Another Story, the festival’s newpodcast series hosted by Daniel Abercrombie, Associate Director, Scottish International Storytelling Festival, is still available online – listen on spotify https://podcasters.spotify.com/pod/show/another-story

www.sisf.org.uk

FIX OUR HOMES!

NORTH EDINBURGH COST OF LIVING CAMPAIGN GROUP MEETING

The Cost of Living Campaign Group for North Edinburgh are meeting on Tuesday 20th June, 10.30am until 1pm at Royston Wardieburn Community Centre:

“We are the Cost of Living Campaign Group, we are residents of North Edinburgh concerned with the cost of living. A major issue contributing to the cost of living is the state of housing. Our homes are filled with damp and aren’t well insulated. Reporting repairs to Repair Direct and other services doesn’t seem to solve the issues.

“Structural lack of investment in the existing housing stock is undermining the human rights of residents, impacting on health, wellbeing and our personal finances.

“We invite you to listen to our stories and contribute to our campaign to improve homes across North Edinburgh and demand Repair Direct be made fit for purpose and a comprehensive response to dampness.”

UK and Rwanda strengthen agreement to deal with global migration issues

The Home Secretary has hailed the strengthening of the partnership with Rwanda as both countries vow to step up efforts in dealing with global migration challenges.

Under the innovative Migration and Economic Development Partnership, people who make dangerous, unnecessary and illegal journeys to the UK, such as by small boat, will be relocated to Rwanda, where they will be supported to rebuild their lives.

Suella Braverman travelled to Kigali yesterday for official engagements with Rwandan President Paul Kagame and Rwandan Minister for Foreign Affairs and International Co-operation, Dr Vincent Biruta, this weekend (March 18 and 19).

The Home Secretary and Dr Biruta reiterated their desire to deliver the partnership, amid a global migration crisis that has seen 100 million people displaced and people smugglers cashing in on human misery.

They outlined the global leaders’ commitment to working on bold and innovative migration policies to redress the balance between legal and uncontrolled migration. The government of Rwanda reiterated the country’s readiness to receive thousands of individuals, process their claims and house them before they are moved to longer-term accommodation, with necessary support services including health and education provisions.

The Home Secretary and Dr Biruta also signed an update to the memorandum of understanding, expanding the partnership further to all categories of people who pass through safe countries and make illegal and dangerous journeys to the UK.

This will have the added benefit of preparing the UK to deliver on the measures proposed in the Illegal Migration Bill, as it will mean that anyone who comes to the UK illegally – who cannot be returned to their home country – will be in scope to be relocated to Rwanda.

The new bill, which was introduced to Parliament last week, will see people who come to the UK illegally face detention and be returned to their home country, or a safe third country such as Rwanda.

The scheme is uncapped and the government of Rwanda have confirmed they are able to take thousands of people eligible for relocation.

In December, the UK government secured an important victory in the High Court on the legality of the partnership and will continue to defend the policy against ongoing legal challenge, while working with Rwanda to ensure flights can operate as soon as there are no legal barriers.

Home Secretary Suella Braverman said: “We cannot continue to see people risking their lives crossing the Channel, which is why I am pleased to strengthen our agreement even further with the government of Rwanda so we can address the global migration crisis head on.

“The Migration and Economic Development Partnership is key to breaking the business model of people smugglers while ensuring those who genuinely need protection can be helped to rebuild their lives.

“Rwanda is a progressive, rapidly growing economy at the forefront of innovation – I have thoroughly enjoyed seeing first-hand the rich opportunities this country can provide to relocated people through our partnership.”

Rwanda’s Minister of Foreign Affairs Vincent Biruta said: “If we are to successfully tackle the global migration crisis, we need innovative, urgent action.

“This Partnership addresses the opportunity gap at the heart of the migration crisis, by investing in Rwanda’s capability to continue offering migrants the opportunity to build new lives in a safe, secure place, through accommodation, education, and vocational training.

“For these reasons, we are pleased to once again renew our commitment to our ground-breaking Partnership with the UK, which shares our determination to solve this crisis.”

On the visit, the Home Secretary will spend time meeting refugees, who have been supported by the government of Rwanda to rebuild their lives. She will also see new housing developments, which will be used to relocate people.

She also visited new modern, long-term accommodation that will support those who are relocated to settle in Rwanda.

The Home Secretary also met with investment start-ups and entrepreneurs to discuss the range of business and employment opportunities available to people in Rwanda.

The partnership with Rwanda is just one strand of the work the government is doing to tackle illegal migration. Last week the Prime Minister agreed a package with France which will see a new detention centre established in France as well as the deployment of more French personnel and enhanced technology to patrol beaches.

Strikes Bill fails to meet human rights obligations – JCHR report

UK Government plans to impose minimum service levels on public services during strike action are likely to be incompatible with human rights law in their current form, the Joint Committee on Human Rights has found.

In a report published following legislative scrutiny of the Strikes (Minimum Service Level) Bill, the Committee finds that reforms that would make it easier to sack striking workers and leave unions at risk of million-pound fines do not appear to be justified and need to be reconsidered. The Committee finds that it would be possible to introduce minimum service levels in some sectors in a way that is more likely to be compliant with human rights law.

While the European Convention on Human Rights does not include a ‘right to strike’, Article 11 which guarantees freedom of association has been interpreted to cover the taking of strike action. This requires that any restrictions on strike action must be “in accordance with the law”, which requires its consequences to be foreseeable to those affected. Changes to the law must also meet a “pressing social need” and be proportionate to the aim being pursued.

The Joint Committee finds that the Government’s Bill risks failing to meet these benchmarks in its current form. Ahead of the Committee Stage in the House of Lords on 9 March, it has called on the Government to reconsider the legislation and ensure it meets the UK’s human rights obligations. The draft report includes five proposed amendments to the Bill intended to rectify key concerns.

The Government brought forward the Strikes Bill in response to growing industrial unrest and strikes in a number of sectors, including transport, health and education. It has argued that legislation is needed to provide greater protection to the lives and livelihoods of those that may be disrupted by industrial action in key public services.

The Bill would allow ministers to set minimum service levels on public and private services subject to strike action. The employer would then be given the power to issue a ’work notice’ to a trade union, identifying who will be required to work and the work needed to meet the minimum service level.

Individual employees who failed to comply with a work notice would lose legal protections against dismissal. Trade unions who failed to take steps to ensure notices were complied with could be required to pay damages of up to £1 million.

The Joint Committee warns that the Government has not made a compelling case that such measures are necessary and finds that the Bill as drafted contains inadequate protection against arbitrary use and is unclear.

Under the European Convention on Human Rights, restrictions on strikes must meet a ‘pressing social need’. However, the Government has not proven that existing strike laws and voluntary minimum service levels are insufficient across all the sectors identified in the Bill.

Claims that strike action in the sectors named in the Bill has caused significant and disproportionate damage to the public and wider economy have not been backed up with sufficient evidence, with the Government providing supporting data for the costs of previous transport strikes only.

Measures that interfere with the right to free association must be proportionate. This is more likely to be achieved if minimum service levels are established though negotiation and disputes resolved through independent arbitration. The Government has previously accepted that such an approach would work, in the Transport Strikes Bill introduced in October. The Bill, which would abandon this in favour of the Secretary of State imposing minimum service levels by regulations, risks failing to meet the requirement of proportionality.

Penalties for employees and unions who don’t meet the Bill’s requirements are high and potentially disproportionate, the Joint Committee finds. It calls on the Government to reconsider whether less severe measures would be more appropriate, particularly where a strike does not involve essential services. Existing penalties, such as loss of pay or suspension would be more appropriate in such cases.

The Bill has insufficient clarity in several key areas, the Joint Committee finds. Trade unions would be required to take ‘reasonable steps’ to ensure their members comply with a work notice, however the Bill does not provide sufficient detail to ensure they will know when this duty has or has not been met.

The definitions of the services in respect of which minimum service levels could be imposed are currently too vague, meaning that ‘education services’ could include private tutors and ‘transport services’ private taxi drivers. 

Chair of the Joint Committee on Human Rights, Joanna Cherry KC MP said: “The Strikes Bill will be debated in the House of Lords this Thursday and needs amending to resolve some of the deep flaws it has.

“If this proposed legislation becomes law in its current form, ministers would have the power to set minimum service levels that would leave striking workers at risk of the sack if they are not met, and unions liable to million-pound fines. Yet, the Government has not proven that such draconian measures are needed or that the current framework is inadequate.

“Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not. The sectors included in the Bill are also ill-defined, risking over-reach into areas only tangentially linked to the maintenance of vital public services. This means the Bill, in our view, is likely to be incompatible with human rights law which provides a right to association and with it, protection for strike action.

“The Government needs to think again and come back with legislation that better respects the protections guaranteed by the European Convention on Human Rights.”

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TUC welcomes civil liberties’ groups condemnation of ministers’ attack on the right to strike

50 leading civil liberties organisations and rights groups slam the government’s strikes bill

The TUC has welcomed an open letter penned by 50 civil liberties organisations and rights groups slamming the government’s new anti-strikes bill as an attack on the fundamental right to strike.

The organisations including Liberty, Human Rights Watch, Oxfam and many more said the Bill will allow “a further significant and unjustified intrusion by the state into the freedom of association and assembly.”

The groups also warn of the “enormous scope” the legislation would give ministers to decide key provisions, including the minimum service levels, without proper parliamentary scrutiny.

The Bill was back in parliament yesterday for its third reading.

The TUC has launched a Freedom of Information (FOI) request to discover why the government published the Bill without a required impact assessment.

Previous government advice – published in the Autumn – warned that minimum service levels in transport could poison industrial relations, and lead to more frequent industrial action. 

Despite this warning, the Conservatives are now proposing to extend minimum service levels to a range of other sectors including – health, education, fire, border security and nuclear decommissioning.

TUC General Secretary Paul Nowak said: “Ministers are launching a brazen attack on the right to strike – a fundamental British liberty.

“This draconian legislation would mean that when workers democratically vote to strike, they can be forced to work and sacked if they don’t comply. 

“It is little wonder that civil liberties organisations up and down the country are lining up to condemn this spiteful Bill.

“It is undemocratic, unworkable and almost certainly illegal. And crucially it will likely poison industrial relations and exacerbate disputes rather than help resolve them.”

On the need for ministers to come clean about the true scope of the Bill, Paul Nowak added: “Instead of levelling with the public about the bill’s draconian nature, ministers are railroading it through without proper scrutiny or consultation.

“With inflation running at over 10%, the last thing working people need is for ministers to make it harder to secure better pay and conditions.

“It is shameful that parliamentarians are being forced to vote blindly on such far-reaching new laws. We urge MPs from all parties to vote against this nasty Bill.”

Letter in full – also found on the Liberty website

Dear Secretary of State,

Strikes (Minimum Service Levels) Bill

We are writing to you as organisations concerned with the protection of civil liberties in this country to urge you to reconsider the Strikes (Minimum Service Levels) Bill.

The right to strike is a fundamental liberty.

In Great Britain it is already highly constrained by detailed rules concerning balloting, notice periods and picketing.

We believe the proposals for minimum service levels during industrial action will unfairly constrain the activities of trade unions and their members by allowing a further significant and unjustified intrusion by the state into the freedom of association and assembly.

The government has produced no evidence that such draconian measures are necessary. Voluntary life-and-limb cover has long been a feature of industrial action by essential workers.

This Bill has the potential to cause significant damage to fair and effective industrial relations in this country by making it harder to resolve disputes. Indeed the government itself has acknowledged that minimum service levels risk leading to an increased frequency of strikes.

We are also concerned by the lack of detail in the Bill, and the enormous scope it gives you and your successors as Secretary of State to decide key provisions, including the minimum service levels themselves, free from proper Parliamentary scrutiny.

In particular, the vast power given to Ministers to amend or revoke primary legislation, including Acts that do not even exist yet, is an extraordinary denial of the duty of our elected representatives to legislate on our behalf.

The Bill will expand the power of Ministers over Parliament and employers over workers, undermine rights protections, and inject uncertainty and precarity into the lives of millions of people who may now face dismissal for going on strike.

We urge you to reconsider these plans for an unwarranted curtailment of freedom of assembly and association

Martha Spurrier, Director, Liberty

Justine Forster, CEO, Advocacy Focus

Robert Rae, Co-Director, Art27 Scotland

Clive Parry, England Director, Association for Real Change

D ame Sara Llewellin, Chief Executive, Barrow Cadbury Trust

Silkie Carlo, Director, Big Brother Watch

Rosalind Stevens, Project Manager, Civil Society Alliance

Brian Gormally, Director, Committee on the Administration of Justice (CAJ)

Isobel Ingham-Barrow, CEO, Community Policy Forum

Megan Thomas, Policy and Research Officer, Disability Wales

Ele Hicks, Engagement, Research, and Policy and Influencing Manager, Diverse Cymru

Andrea Simon, Director, End Violence Against Women Coalition

Clare Moody, Co-CEO, Equally Ours

Kyle Taylor, Founder, Fair Vote UK

Peter Wieltschnig, Policy & Networks Officer, Focus on Labour Exploitation (FLEX)

Clare Lyons, Director of Policy, Advocacy and Campaigns, Friends of the Earth (England, Wales and Northern Ireland)

Nick Dearden, Director, Global Justice Now

John Gaskell, Chair, Grassroots for Europe

Areeba Hamid & Will McCallum, Co-Executive Directors, Greenpeace UK

Declan Owens, Co-Chair, Haldane Society of Socialist Lawyers

Kevin Hanratty, Director, Human Rights Consortium Northern Ireland

Mhairi Snowden, Director, Human Rights Consortium Scotland

Yasmine Ahmed, UK Director, Human Rights Watch

Deborah Coles, Executive Director, INQUEST

Zehrah Hasan, Advocacy Director, The Joint Council for the Welfare of Immigrants (JCWI)

Jess McQuail, Director, Just Fair

Nimrod Ben-Cnaan, Head of Policy and Profile, Law Centres Network

Barry Gale, Group Leader, Mental Health Rights Scotland

Fizza Qureshi, CEO, Migrants’ Rights Network

Zara Mohammed, Secretary General, Muslim Council of Britain

Kevin Blowe, Campaigns Coordinator, Netpol

Mark Kieran, CEO, Open Britain

Kate Flannery, Secretary, Orgreave Truth and Justice Campaign

Dhananjayan Sriskandarajah, Chief Executive, Oxfam GB

Becky Peters, Director (Interim), People’s History Museum, Manchester Police Spies Out Of Lives

Lubia Begum-Rob, Director, Prisoners’ Advice Service

Ariane Adam, Legal Director, Public Law Project

Mia Hasenson-Gross, Executive Director, René Cassin, the Jewish Voice for Human Rights

Agnes Tolmie, Chair, The Scottish Women’s Convention

Sue Tibballs, Chief Executive, Sheila McKechnie Foundation

Susan Cueva, Chair, Southeast and East Asian Centre (SEEAC)

Chris Jones, Director, Statewatch

Louise Hazan, Co-Founder, Tipping Point UK

Chris Brian, Researcher, Undercover Research Group

Katrina Ffrench, Director, UNJUST C.I.C

Tom Brake, Director, Unlock Democracy

Bob Miller, Secretary, Wearside Amnesty International

Joyce Kallevik, Director, Wish

Raewyn Jones, Interim CEO, Work Rights Centre

Boyack calls for legal right to food as Edinburgh food bank use soars

Scottish Labour MSP Sarah Boyack has said next year must be the year Scotland enshrines a statutory Right to Food in law, as figures show food bank use soaring in Edinburgh.

The Trussell Trust’s mid-year statistics show that the number of food parcels handed out in Edinburgh has soared by 35 per cent since 2017.

The number of parcels given to children has risen even more drastically, increasing by an appalling 77 per cent, with 10,378 parcels being given out in the space of just six months.

This includes a shocking 3,189 parcels for children in the City of Edinburgh whose parents need urgent support now. Its worrying that the number of these parcels has risen by 29 per cent since 2017.

Scottish Labour have said this proves there must be no more delays to the introduction of a legal right to food in Scotland.

Scottish Labour have long campaigned for a statutory right to food in Scots law. The SNP and the Greens both backed this policy in the 2021 Scottish Parliament election, however in May the SNP-Green government voted against Labour’s attempt to introduce a Right to Food during the Good Food Nation Bill. 

Commenting, Scottish Labour MSP Sarah Boyack said: “As the cost of living crisis piles pressure on households, more and more people in Edinburgh are being forced to turn to food banks.

“Families are at breaking point and parents are struggling to feed their children.

“It is more urgent than ever that we enshrine people’s right to food in Scots law, but the SNP-Green government keep kicking the can down the line.

“There is no more time to delay – this year must be the year we embed the right to food in law at last.”

Trussell Trust Mid Year Statistics 2022-23 – 1 April 2022 to 30 September 2022:

Local Authority     Number of parcels for children Total number of parcels distributed Increase in parcels for children compared to 2017 Increase in total parcels compared to 2017 
Aberdeen City1,2733,57697%168%
Aberdeenshire1,2434,315143%149%
Angus3881,335-5%-29%
City of Edinburgh3,18910,37829%35%
Dumfries and Galloway5842,1622681%1088%
Dundee City2,6567,675200%139%
East Ayrshire1,0273,367115%116%
East Dunbartonshire9223,19573%67%
East Lothian2,0585,488217%197%
East Renfrewshire9932,81144%69%
Falkirk1,3344,27644367%3215%
Fife3,1768,397107%91%
Glasgow City6,27115,61413%5%
Highland1,3753,69154%13%
Inverclyde7103,00829%38%
Midlothian1,5353,073225%136%
Moray– –  
Na h-Eileanan Siar– –  
North Ayrshire6202,528-40%-26%
North Lanarkshire1,7334,805250%197%
Orkney Islands11239026%48%
Perth and Kinross1,1393,674125%64%
Renfrewshire1,3084,29013%2%
Scottish Borders10230410100%3700%
Shetland Islands172841  
South Ayrshire1,3294,016130%88%
South Lanarkshire2,7317,84895%73%
West Dunbartonshire– –  
West Lothian1,8005,316169%156%

*Figures compare 1 April to 30 September 2017 with the same period in 2022.

Source: https://www.trusselltrust.org/news-and-blog/latest-stats/mid-year-stats/

Gender Recognition Reform Bill passed

Improving the legal recognition system for trans people

The Gender Recognition Reform (Scotland) Bill has been passed by the Scottish Parliament.

The legislation improves the system by which transgender people can apply for legal recognition through a Gender Recognition Certificate (GRC).

Trans people aged 16 and older applying for a GRC will be required to make a legally binding declaration that they are already living in their acquired gender and intend to do so permanently.

The Bill includes safeguards against misuse of the system. It will be a criminal offence for applicants to make a false application. A new statutory aggravator and a risk‑based approach in relation to sex offences strengthen these protections.  

Social Justice Secretary Shona Robison said: “This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties.

“It simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.

“The legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.

“The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”

Background

Factsheet and background to the Gender Recognition Reform (Scotland) Bill

Scotland prepares to join Global Climate Justice Day of Action

Campaigners will today march through Edinburgh as part of Global Day of Action for climate justice during the UN Climate Conference COP27 in Egypt.

The March will demand action on the cost of living that also helps address the climate crisis. The route through the capital will highlight the banks, polluters and governments who are driving climate breakdown, as well as the resulting impacts on the lives and livelihoods of people around the world.

Organisers say the event will draw attention to the importance of upholding human rights in responding to the climate crisis, here in the UK and world-wide, as the issue of brutal repression of civil society in Egypt comes under the spotlight.

The family-friendly march through the city will be one of over 40 events across the UK and Ireland on a Global Day of Action for Climate Justice.

Mary Church, Friends of the Earth Scotland commented: “As world leaders gather once again to negotiate the future of humanity, thousands of people are marching to demand solutions to the climate crisis that put people and the planet first.

“The solutions to climate change are within grasp and only require the political will to deliver them urgently. Governments need to stop prioritising the demands of big polluters and start listening to the people instead. Putting an end date on oil and gas well within the decade, with a just transition to reliable, affordable renewables will help tackle the cost of living crisis as well as slashing emissions.

“There can be no climate justice without human rights, yet governments around the world including here in the UK are clamping down on civic space.

“We stand in solidarity with those already experiencing the impacts of climate breakdown and with the people of Egypt who are being denied their human rights by a brutal regime.

“We support the call of the Egyptian human rights movement for the release of all those who are being unjustly detained including British citizen and human rights defender Alaa Abd El Fattah who is on hunger strike in prison.”

Global Justice Now will join the march with protests outside HSBC bank, drawing attention to the bank’s role in charging high interest rates for debt repayments from African countries.

Countries in the Global South are currently spending 5 times more on unjust debt repayments than they are addressing the impact of the climate crisis.

Liz Murray, head of Scottish campaigns Global Justice Now said: “This profit-driven system is hurting us all – here in the UK and around the world. And countries in the global south are getting hit particularly hard.

“They’re suffering some of the worst impacts of climate change, despite having played almost no part in causing it, and they’re additionally burdened by enormous debts. Banks here in Scotland are implicated in that – with companies like HSBC and BlackRock making big profits from the interest on those debts and refusing to cancel them.”

Natasha Ion, climate campaigner at Banktrack, said their organisation would be outside Santander bank on Hanover Street highlighting the fact that world’s largest banks have pumped $4.6 trillion dollars into fossil fuels since the Paris Agreement was signed.

Natasha commented: “The climate march will tell banks that they must go beyond burning, and stop financing the extractivism that is wrecking the planet.

“The fossil fuel industry is one of the main drivers of climate change, and has been implicated in endless human rights violations, primarily against Indigenous communities and those on the frontlines of extraction in the Global South.

“Commercial banks also finance major companies guilty of mass deforestation in regions such as Latin America. The highly polluting meat and dairy industry, with massive business like JBS at the centre, has consistently encroached on indigenous lands and been active in illegal deforestation.”

Campaigners are demanding an end to new fossil fuels projects and will be focusing on the UK Government who are currently considering approving the vast new Rosebank oil field.

Mary O’Brien, a grandmother of 10 who is involved in the Stop Rosebank campaign said: “Given the urgency and seriousness of the climate emergency, it is unbelievable that we are even having to fight against new oil and gas fields like Rosebank.

“But thousands of people across the UK and around the world are coming together to stop these climate-wrecking projects and to build that better future.

“I’m doing this for my grandchildren and for future generations, so that they can have a liveable planet. Join us on the march as we demand a rapid and fair transition away from fossil fuels to reliable, affordable renewables.”

March starting point is at 12pm, Saturday 12 November at St Andrew Square, Edinburgh EH2 2LL.

The route of the march will pass six points that highlight different demands for climate justice:

1. St Andrew Square – Make Polluters Pay

There will be a large installation of the ’scales of justice’, a performance by the Extinction Rebellion ‘red rebels’ as well as some stalls run by migrant/global justice groups.

2. HSBC Bank, 76 Hanover Street –  Cancel all Debt to Global South Countries

There will be several people on stilts dressed as bankers who are robbing Africa, as well as banners with key messages around debt.

3. Santander Bank, 31 Hanover Street  – End Fossil Finance

The theme is banks financing destructive projects across the world – specifically large scale cattle farming in the Amazon. There will be large trees and people dressed as cows.

4. East Market St – Solidarity with Egypt: Free All Political Prisoners

The street will be lined with posters and banners calling on the Egyptian government to free political prisoners, and for the UK Government not to come home without British citizen Alaa Abd El-Fattah.

5. UK Government building on Sibbald Walk – No New Fossil Fuel Projects

The theme is no new oil and gas/ and Stop the Rosebank oil field. There will be big banners and large and small roses decorating the square in front of the building.

6. Scottish Parliament –  End the Cost of Living Scandal – Just Transition Now

The theme is cost of living/ energy price crisis. When the march arrives at Parliament attendees will be given placards with related demands and encouraged to form a ring around the Parliament.

March ends 2:30pm.

UK Bill of Rights condemned

‘Freedom of speech and the views of elected lawmakers will be given greater weight in law’ under a Bill of Rights introduced to the Westminster Parliament yesterday. The Bill has been condemned by the Scottish Government, who say the proposals are ‘shocking and unnecessary’.

  • Freedom of speech to be given greater weight in law
  • New permission stage in court to prevent trivial legal claims wasting taxpayers’ money
  • Allows future laws to make it harder for foreign criminals to frustrate deportation process

The Bill will ensure courts cannot interpret laws in ways that were never intended by Parliament and will empower people to express their views freely.

At the same time, it will help prevent trivial human rights claims from wasting judges’ time and taxpayer money. A permission stage in court will be introduced requiring people to show they have suffered a significant disadvantage before their claim can go ahead.

The Bill will also reinforce in law the principle that responsibilities to society are as important as personal rights. It will do this by ensuring courts consider a claimant’s relevant conduct, like a prisoner’s violent or criminal behaviour, when awarding damages.

The Bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said: “The Bill of Rights will strengthen our UK tradition of freedom whilst injecting a healthy dose of common sense into the system.

“These reforms will reinforce freedom of speech, enable us to deport more foreign offenders and better protect the public from dangerous criminals.”

The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.

It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.

As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.

The Bill of Rights will also:

  • Boost freedom of the press and freedom of expression by introducing a stronger test for courts to consider before they can order journalists to disclose their sources.
  • Prevent courts from placing new costly obligations on public authorities to actively protect someone’s human rights and limit the circumstances in which current obligations apply, for example, police forces having to notify gang members of threats towards them from other gangs.
  • Insulate the Government’s plans to increase the use of prison Separation Centres against legal challenge from extremist offenders claiming ‘a right to socialise’.
  • Recognise that trial by jury is a fundamental component of fair trials in the UK.
  • Prevent human rights from being used as a way to bring claims on overseas military operations once alternative options are provided by upcoming legislation.
  • Confirm that interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week which prevented the removal flight to Rwanda, are not binding on UK courts.

This will be achieved while retaining the UK’s fundamental commitment to the European Convention on Human Rights.

UK BILL OF RIGHTS CONDEMNED

Call for Scottish Parliament to be consulted

Proposals to repeal the Human Rights Act are a “shocking and unnecessary” attempt to remove safeguards afforded to every member of society, Equalities Minister Christina McKelvie has said.

Putting on record the Scottish Government’s unequivocal opposition to the UK Government’s Bill of Rights, published today, Ms McKelvie stressed that the Scottish Parliament would have to agree to any changes affecting the devolution settlement.

Ms McKelvie said: “This shocking and unnecessary legislation seeks to put UK Ministers above some of the most fundamental checks and balances that underpin our democracy.

“The fact remains that we do not need a new Bill of Rights. The Human Rights Act is one of the most important laws passed by the UK Parliament. For more than 20 years it has delivered fairness and justice – protecting our rights to privacy and liberty, freedom of expression and peaceful protest. It has prevented discrimination, inhumanity and the abuse of power.

“The UK Government’s Rwanda policy has been challenged in the European Court of Human Rights. This legislation appears to be part of its response – an attempt to remove safeguards protecting every member of our society.

“As a founding signatory of the European Convention on Human Rights, the UK Government should be championing international human rights standards and the rule of law. Instead its Ministers appear intent on damaging the UK’s global reputation.

“I would urge them to stop this act of vandalism which will have an impact on public bodies that must adhere to it. The UK Government must also remain fully committed to the European Convention on Human Rights and to membership of the Council of Europe.

“The Human Rights Act is built into the heart of the devolution settlement, and any legislation that breaches the Act has no force in law. Let me make clear that it would therefore be wholly unacceptable to make changes affecting Scotland without the explicit agreement of the Scottish Parliament.

“I am proud that the Scottish Government is treading a different path, showing human rights leadership by protecting and enhancing our rights and freedoms, with plans for future Scottish legislation to extend devolved human rights safeguards even further.”

In March the Scottish and Welsh Governments issued a joint statement on Human Rights Act reform.

Last year’s Independent Human Rights Act Review, set up by the UK Government, concluded that there was no case for radical changes to the Act.