Theme 6: Safety and security
Under the theme of Safety and security the report provides an overview of what appear to be some human rights gaps and good practices under the headings of:
Asylum
Other than in narrow circumstances where rights are explicitly limited to citizens, human rights apply to everyone in the jurisdiction without discrimination on any ground. Asylum does not fall within the competence of the Scottish Parliament. However research cited in the report points to discrimination faced by refugees and the need for support in access to employment, welfare and healthcare.
We teach our children this kind of hatred. Kids are colour blind and have no concept of religious difference... they are not biased, they learn their behaviours from others, they learn from their families and society. And it stays with them for a long time...you see how much hatred can come out of someone for someone else that they have never met before, it is incredible. Hopefully with the legislation, and given some time, people might start to think about the implications of their behaviour, start to think, I might have to pay for the implications of my act. In the past I did what my father did, but now I look at this and think, this is not something I am meant to do, it is not worth paying this price.
Chiwetel, survivor of a racially motivated hate crime
Offences aggravated by prejudice
States have human rights obligations to prevent and investigate crimes aggravated by prejudice including on grounds of ethnicity, disability, religion, sexual orientation and gender identity (or "hate crimes"). The report cites research which indicates that in the current economic climate hate crime appeared to be a growing concern in Scotland. Research appears to consistently note a link between discrimination and violence or other offensive behaviour. Questions raised by some regarding recent legislation on sectarianism in football are summarised. Some participants in focus groups also expressed concern that the authorities could at times do more to promote a climate where the reporting hate crimes is less intimidating. Emerging examples of good practice are also identified.
Abuse prevention, protection and remedy
The prohibition of torture, inhuman or degrading treatment or punishment includes positive obligations of prevention, protection and response. The report highlights that Scottish legislation on adult support and protection is founded on human rights principles. However concerns have been raised by some regarding the balance in the legislation between principles of autonomy and the State duty to protect people at risk of ill-treatment.
Trafficking
Effective measures of prevention, protection and investigation of trafficking in human beings are a human rights concern. Criminal offences in relation to human trafficking are included in a number of Acts in Scotland. However, the report cites research indicating that there has been a lack of prosecutions for trafficking offences in Scotland with the first convictions only secured in September 2011. Research suggests that victims of human trafficking may be missing out on support because authorities in Scotland have trouble identifying them as trafficking victims and this absence of recognition of their status means they are unable to access appropriate services or help police with their inquiries.
Policing
The Human Rights Act 1998 requires all public authorities, including the police, to act in a way which is compatible with the individual rights and freedoms contained in the ECHR. Policing reform in Scotland is currently underway including the creation of a single police service for Scotland under the Police and Fire Reform (Scotland) Act 2012. Ways in which this structural change could afford the opportunity to strengthen the framework of police accountability in Scotland are discussed, as are debates surrounding the explicit referencing of human rights during the drafting of the Act. The report discusses the concerns raised by the proposal to transfer the functions of the Police Complaints Commissioner for Scotland (PCCS) to the Scottish Public Services Ombudsman (SPSO) and also welcomes the establishment of the Police Investigations and Review Commissioner as a new independent investigation mechanism. The report also discusses particular concerns in relation to policing and human rights identified in the scoping, which includes, the use of the stop and search powers as well as the Strathclyde Police pilot to roll out the use of electro-shock (TASER®) weapons beyond trained firearms officers.