Housing (Scotland) Bill: Written evidence to support the Stage 1 consideration of the Housing (Scotland) Bill Written evidence to support the Stage 1 consideration of the Housing (Scotland) Bill September 2024 The Scottish Human Rights Commission was established by the Scottish Commission for Human Rights Act 2006, and formed in 2008. [...] The Commission is the National Human Rights Institution for Scotland and is independent of the Scottish Government and Parliament in the exercise of its functions. [...] The Human Rights Framework Housing rights in human rights law The right to housing and related human rights standards are consistently recognised and protected by a number of regional and international human rights treaties.2 Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life, home and correspondence, does not create a stand. [...] Of note: • Article 6, the Right to Fair Trial • Article 13, the Right to Effective Remedy • Article 14, Prohibition of discrimination • Article 1 of the First Protocol (A1-P1), the Right to the Peaceful Enjoyment of property. [...] On balance, do the benefits of achieving the aim outweigh the negatives resulting from restrictions? ECHR case law Case law from the European Court of Human Rights (ECtHR) has considered a number of scenarios relevant to the Committee’s consideration of the Bill.
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Table of Contents
- September 2024 1
- Introduction 2
- Summary of Key Points 2
- The Human Rights Framework 3
- Content of relevant rights 4
- International Covenant on Economic Social and Cultural Rights ICESCR 6
- Legal security of tenure. 7
- Availability of services. 7
- Affordable housing. 7
- Habitable housing. 7
- Accessible housing. 7
- Location. 7
- Cultural adequacy. 7
- Endnotes 9