Follow-up to oral evidence on the National Care Service (Scotland) Bill

The right to independent living We welcome the clarification of the meaning of “human rights” by reference to international human rights treaties and reference to the concept of “living independently in the community” at Section 1(c)(ii). [...] Effect of the Principles Whilst the Principles at Stage 2 are stronger in their articulation of human rights standards, there remains no statement on the face of the Bill of the effect of the Principles to provide clarity on how they may be applied in any judicial proceedings and improve access to justice. [...] During the passage of the Social Security (Scotland) Act 2018, an amendment added a section to establish the effect of the Scottish social security principles: 2 Effect of the principles (1) The Scottish social security principles are set out in section 1 so that— (a) they can be reflected in the Scottish social security charter as required by section 15(3), and Bridgeside House, 99 McDonald Road,. [...] Effect of the Charter As discussed in our evidence, we believe the Bill would be strengthened by providing clarity on the face of the Bill about the legal effect of the Charter. [...] The Commission will be very pleased to continue to assist the Committee in its ongoing consideration of the National Care Service Bill at Stage 2 as it impacts on the promotion of the human rights of people in Scotland.