CRITICS and fans probably agree – the proposal was emblematic, in its way, of the late Nicola Sturgeon and brief Humza Yousaf premierships.

In contrast with the situation down south – where even existing human rights protections remained under constant threat from Conservative politicians – they decided the Scottish Parliament would do something radically different.

First, the UN Convention on the Rights of the Child (UNCRC) would be brought into domestic law for the first time, obliging Scottish public authorities to think about the distinctive rights of children and young people, and allowing the courts to cross-check legislation passed by Holyrood against key UNCRC principles, including core principles that every part of the state should put the best interests of children first in all their decisions.

This was due to be followed up by a bumper Human Rights Bill, going even further. The Scotland Act already says that Holyrood must uphold the basic principles set out in the European Convention.

You’ll be familiar with many of the civil and political rights involved – fair trials and freedom of expression, the right to property, freedom of religion and the right to privacy, to name but a few.

LEGAL COMPLEXITIES

But international law goes further, recognising rights to a healthy environment, to food and adequate housing, access to education and culture. The plan was to find a way to bring all these social and economic rights home. On the face of it, the basic idea didn’t seem too legally complex, either. The Scotland Act makes it plain that MSPs can pass laws “observing and implementing international obligations”. This isn’t impermissible constitutional tinkering.

The same couldn’t be said, however, for the second aspect of the proposals. At the urging of the National Human Rights Taskforce, in 2021, the Scottish Government also agreed to bring international conventions on racial discrimination, discrimination against women and on the rights of disabled people into the bill.

But, but, but, equal opportunities are reserved to Westminster. So three years ago, we got an apparently progressive announcement about “maximalist” incorporation, a happy third sector and the rest just seemed like details to be worked through.........

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