The Scottish Government has kicked the long-awaited Human Rights Bill into the long grass until after the 2026 Scottish elections.

When countless people have dedicated years of their time, sitting through panel after panel, joining countless reference groups, only for the government to shelve it all at the last minute, it’s hard to hold onto optimism.

They didn’t just delay legislation. They turned their back on the most marginalised who desperately need these protections. This is more than a missed opportunity—it’s a betrayal of those who need change the most. They missed a vital opportunity to tackle poverty, improve public services, and restore trust – a trust that now feels more fragile than ever.

The Government’s decision has led outspoken criticism by leading organisations in the third sector in Scotland.

Making Rights Real recently made the headlines by resigning from the Scottish National Action Plan for Human Rights Leadership Panel in protest at the apathy from the Scottish Government over human rights advances. For years, this panel had drawn on countless consultations, with both marginalised communities and under-resourced third sector organisations dedicating time, energy, and passion to shaping a better future. Their commitment wasn’t just professional; it was personal, reflecting the lived realities of those they serve.

By ditching the Human Rights Bill from the Programme for Government, the First Minister has consigned people already facing human rights abuses in Scotland to many more years of fighting for their basic human rights in a system that does not work for them.

The Bill would have brought economic, social and cultural rights along with environmental rights directly into Scots law, giving people access to justice and increasing accountability for things like social care, housing and social security and improving public service – two of the flagships ideas of the PfG.

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By reneging on their promise, abandoning ambition, and failing to seize the opportunity to truly lead the change in making rights real for people across Scotland, Swinney has risked the goodwill of the voluntary sector, which has invested years of time and energy in developing the Bill, and has plunged the most marginalised into hopelessness.

The time to press ahead with a strong plan to deliver a Human Rights Bill for people who need change most is now, not two years down the line when it is dubious that the current Government will even be in power.

We have seen in recent weeks and months a third sector weary from broken promises, cheap talk and little action in realising rights, speaking publicly about how failures in Government are impacting rights holders.

Shelter Scotland continue to outline the breaches in the right to housing for thousands of people facing homelessness in Scotland, disabled people’s organisations are speaking out against increasing poverty and inequality for disabled people, and carers’ organisations are campaigning for Covid jabs for people most at risk from contracting the virus.

This all boils down to a Government that doesn’t walk the talk of tackling poverty and human rights breaches. Instead, it gaslights with empty promises and little commitment to delivering real change.

The strength of the voluntary sector is in speaking truth to power to Government, holding them accountable for decisions which impact the most marginalised, but the long arm of Government often stretches to silence organisations that receive funding from the State.

Since announcing our intention to resign from the SNAP Leadership Panel, numerous third sector leaders have personally reached out to applaud the decision, describing our actions as “brave” and “bold”. Many have confided that they cannot display this support publicly because they receive State funding.

As human rights defenders, those of us working to advance rights need to continue to find the courage within ourselves and our organisations to hold the Government accountable, whilst also striving for positive outcomes with the people we serve. We’re weary, but we will not give up.

Clare MacGillivray is Director of Making Rights Real, a grassroots human rights organisation for Scotland.