Theme 5: Private and family life
Under the theme of Private and family life the report provides an overview of what appear to be some human rights gaps and good practices under the headings of:
Domestic abuse
States have human rights obligations of prevention, protection and remedy to address domestic abuse. The report notes that anti-domestic abuse initiatives have featured prominently in public policy in Scotland and have received attention and funding from Government. This focus reflects its prevalence in society as well as increased awareness. Some have, however, raised questions about the definition of domestic abuse in law, as well as the adequacy of policy attention to perpetrators and specific groups of victims/ survivors including minority ethnic women, transgender people and men. The positive experience of a domestic abuse court is also highlighted in the report.
I asked I don’t know how many times for social work to help and intervene with my son. You could see he was having problems dealing with the aftermath of what had happened, but no, the request had to come from the school or another agency, it couldn’t come from me. There I was saying, please help us, we need help now, but it had to come from someone else.
Lisa, mother and victim of domestic abuse.
Forced marriage
Forced marriage is a human rights abuse. Though the scoping project found limited evidence of forced marriage in Scotland, in 2011 new legislation was adopted bringing Scotland into line with the approach in England, Wales and Northern Ireland. The report cites research suggesting that, as yet, little use has been made of its provisions.
Same-sex marriage
States may extend the right to marry to same sex couples. The report considers debates surrounding Scottish Government plans to provide for same-sex marriage including the appropriate balance between the human rights to marry, to be free from discrimination and to freedom of religion.
The right to respect for family life for people with learning disabilities
Research cited in the report indicates that people with learning disabilities continue to face particular barriers to realising their right to respect for private and family life, including establishing relationships. The report considers the appropriate balance between state duties of protection, and the freedom that individuals have to establish relationships, including sexual relationships. The application of domestic law related to legal capacity, adult support and protection and sexual offences is also considered. Despite measures to raise awareness of these issues and how to respond to them, focus group participants working in different settings with people with learning disabilities considered that more remained to be done.
The rights of parents and children
Children and adults have a right to respect for private and family life . A range of other rights in the UN Convention on the Rights of the Child are also relevant. Some research cited in the report indicates a lack of recognition of the rights of the child in practice. The report also considers the implications of the differences in treatment of mothers, and married and unmarried fathers. For example the report notes concerns among some with regard to the rights of the child as well as the rights of fathers to see their children after the breakdown of relationships.
Parental imprisonment
The UN Convention on the Rights of the Child upholds the child’s right to maintain personal relations and direct contact on a regular basis, except if it is contrary to the child’s best interests. An estimated 16,500 children in Scotland are reported to be affected every year by the imprisonment of parents and carers. The report cites research suggesting that, as a result and in addition to the emotional loss of contact with a parent, children may suffer from bullying, shame, stigma, stress, financial disadvantage, the loss of a carefree childhood and a need to move house.