Building a new Scotland: Embedding rights into the Constitution

First Minister: Equality and rights at the heart of an independent Scotland’s Constitution

An independent Scotland would have a constitution based on the sovereignty of the people and reflect Scotland’s values as a modern, democratic European nation from day one, according to plans outlined by the First Minister Humza Yousaf.  

The fourth paper in the ‘Building a New Scotland’ series, sets out how a written constitution developed by the people in Scotland could put rights and equality at its heart, including by protecting the right to strike and giving constitutional recognition to the NHS. 

Speaking at the launch of the new prospectus paper, First Minister Humza Yousaf said: “This fourth publication in the ‘Building a New Scotland’ series sets out the Scottish Government’s proposals for how people in Scotland can create a written constitution that puts democracy, rights and equality at the heart of everything we do as an independent country.  

“To be a success, our written constitution must be one that the people in Scotland believe in, giving them the direct opportunity to shape and build a better country. It must also have the collective authority of the nation, so that those in power accept that, under the constitution, they are accountable to the people.  

“Independence would give Scotland the ability to create a constitution that provides recognition of the NHS in Scotland, giving people the right to access a system of health care, available free at the point of need.

It would allow Scotland to continue its progressive approach to human rights and equality, without the current restrictions of the devolution settlement and without the threat of the UK Government overruling our decisions or unwinding our advances.

This would ensure that our human rights and equality protections could cover all policy areas, including those currently reserved. 

“With independence, we can build a better country on that fundamental right of every person in Scotland to be treated equally, and with a written constitution, Scotland can build a new home for democracy, rights and equality.” 

The Scottish Conservatives, the main opposition party at Holyrood, are unsurprisingly less than impressed with the SNP’s priorities.

They say the Scottish government is spending over £1.4 million of taxpayers’ money to fund independence campaigning. The Tories believe this is a waste of public money when our NHS and schools are struggling.

First Minister’s speech – 19 June 2023 

Paper: Creating a modern constitution for an independent Scotland 

A written constitution for Scotland?

Right to healthcare, strikes and an adequate standard of living proposed

A written constitution developed by the people in Scotland and their elected Parliament would help a newly independent Scotland take on the challenges of the future, according to First Minister Humza Yousaf.

Speaking ahead of the launch of the latest ‘Building a New Scotland’ prospectus paper detailing the plans, the First Minister said the drafting of a new constitution would enable people in Scotland to shape the new country.

The Scottish Government favours a constitution which would include:

  • recognition of the NHS in Scotland, giving the right to access a system of health care, available free at the point of need
  • stronger protections for human rights and equality, including upholding and fulfilling the right to an adequate standard of living as defined by the Universal Declaration of Human Rights
  • the right for workers to take industrial action
  • a constitutional ban on nuclear weapons being based in Scotland

The fourth paper in the ‘Building a New Scotland’ series will set out more details on the proposals and the evidence that informs them. 

First Minister Humza Yousaf said: “Our proposals would provide an opportunity for people in Scotland to shape the newly independent country and create a permanent, modern, written constitution to describe the type of country Scotland would be and how it would be governed.

“Successive UK Governments have taken Scotland in the wrong direction and with independence we would radically shift where power lies and put it back in the hands of the people who live in Scotland.

“The constitution would set out how democracy, rights and equality would be at the heart of everything we do as an independent nation.

It will see the introduction of a constitutional right to heath care available at the point of need, a right to an adequate standard of living as defined by the Universal Declaration of Human Rights and protection for workers to take industrial action. And, what we will not see under these proposals, are nuclear weapons on the Clyde. This proposed constitution would ban nuclear weapons from an Independent Scotland.

“With rights in Scotland under threat as never before, because of the actions of the UK Government, and the Scottish Parliament being undermined, independence has never been more urgent or essential.” 

Building a New Scotland series  

The previous three papers have set out evidence showing independent countries comparable to Scotland are wealthier and fairer than the UK; how Scottish democracy can be renewed with independence;  and the macroeconomic framework, including currency arrangements, for an independent Scotland.