Campaigners are angry the Human Rights Bill, which they have said is crucial, has been shelved.
The proposals by the Scottish Government would see international laws on human rights incorporated in Scotland.
The process has been stalled, with ministers arguing they need more time to assess the complexities of the Bill, including which areas are within devolved competence.
It was not included in the Programme for Government as expected, with Social Justice Secretary Shirley-Anne Somerville stating it is now delayed until after the Scottish Parliament elections in 2026.
It was first pledged by Humza Yousaf, and was expected to be introduced to Parliament in June.
What are the rights and why are they needed?
Current plans are to bring national human rights laws up to speed with international ones set by the United Nations. They include:
- The International Covenant on Economic, Social and Cultural Rights (ICESCR)
- The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
- The International Convention of the Elimination of All Forms of Racial Discrimination (ICERD).
- The Convention on the Rights of the Persons with Disabilities (CRPD)
These four treaties enshrines in law the right to adequate housing, food and healthcare.
It also proposes strengthening the protections in place for disabled Scots and those with mental health concerns.
The fact that economic, social and cultural rights are in international law does not mean it can be enforced by the Scottish courts system.
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Campaigners say that is why the legislation in necessary, arguing it would ensure duty bearers have legal requirements to meet the regulations.
A recent report by the Scottish Human Rights Commission raised concerns the Scottish Government wasn’t doing enough to progress human rights protections for disabled people, with a supplementary report from Inclusion Scotland finding disabled individuals were disproportionately impacted by poverty and employment.
The report argued people were left to choose between eating and breathing – highlighting why the incorporation was essential, campaigners have said.
Why has it stalled in Holyrood?
The Law Society of Scotland questioned how the Bill would interacts with existing legislation such as the UK Government’s Human Rights Act.
It described the Bill as “laudable” but complex in a 38-page submission, it flagged “potential legal issues” in relation to international human rights and the existing national rights arrangements across the UK and Scots law.
A problem also arises in that some of the protections the Bill seeks to cover are a mix of reserved and devolved issues, with Ms Somervillie stating it was “undoubtedly a complex and far-ranging piece of legislation” and the “constraints on the devolution” meant more time was necessary to consider its consequences.
Now, third party group Make Rights Real has withdrawn its engagement with the Scottish Government’s National Action Plan (Snap) on human rights, accusing First Minister John Swinney of a “breach of trust”.
Similar devolved concerns arose with the Scottish Parliament’s incorporation on the Rights of the Child (Scotland) Bill.
This was first passed in 2021 but the UK Supreme Court found it would impact on Westminster legislation.
Scottish ministers put 45 changes in place with the Bill passing through the Holyrood chamber unchallenged in December 2023.
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