Human rights in Scotland

Everyone in Scotland is entitled to basic rights and freedoms. Human rights apply regardless of who you are, where you’re from or how you choose to live your life.

Human rights are based on principles like dignity, fairness, respect and equality.

In Scotland, human rights are based on the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.

Your human rights in Scotland 

In the UK, human rights are protected by the Human Rights Act 1998. The Act gives effect to the rights set out in the European Convention on Human Rights.

If your human rights have been breached, you can take action under the Human Rights Act in the UK courts. Sometimes you can also take your case to the European Court of Human Rights.

Read more about the Human Rights Act 1998.

If you’re under 18

In Scotland, everyone under 18 is protected by the United Nations Convention on the Rights of the Child (UNCRC). 

The UNCRC is a set of rights that all children have. Public authorities have to respect and protect children’s rights in the work they do.

It includes rights such as the right for the best interests of the child to be a primary consideration in decision making and the right for a child to express a view in matters that affect them.

Children, young people and their representatives are able to challenge breaches with the public authority themselves or by going to the courts.

You can read more about the UNCRC and the rights it gives young people on the Children and Young People’s Commissioner Scotland website.

Challenging human rights breaches

Public authorities must respect your human rights. If you think a public authority has breached your human rights, you might be able to take action.

You won’t necessarily have to go to court. You can discuss the problem with the person or organisation who’s breached your rights. If your problem isn’t resolved informally you can make a formal complaint.

If you're considering legal action, it can be a long and stressful process. It can also be expensive. If you’re thinking about taking court action, you can get advice at your local Citizens Advice Bureau.

Read more about challenging human rights breaches.

If you’re under 18 and your UNCRC rights have been breached, you or your representative should complain. There must be a child friendly complaints process. You can read more about the child friendly complaints process on the Scottish Public Services Ombudsman website.

Organisations that can help

There are a number of organisations that might be able to help you if you think your human rights have been breached.

Equality Advisory Support Service (EASS)

The EASS helpline can provide advice and information on human rights and discrimination issues. Read more about the EASS helpline.

Equality and Human Rights Commission (EHRC)

You can find useful information about discrimination on the EHRC website.

Scottish Human Rights Commission

You can find more information about human rights on the Scottish Human Rights Commission website.