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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 12 December 2025
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Displaying 931 contributions

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Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

That would be great. Rachael Hamilton has indicated that she would like to come in. Before she does, I have a question that follows on from Pam Gosal’s questions.

Governments come and go, but the policies that they put in place can have far-reaching effects. Recently, we have been taking evidence on asylum seekers and refugees. Some of the organisations that have given the committee evidence on the Illegal Migration Bill have said that it would breach the human rights of asylum seekers and refugees. We have been looking at the tensions and the use of devolved powers to mitigate the perceived harms. How would what we are talking about fit into that context? Professor Boyle is nodding her head so I will take that as an indication that she wants to comment.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Dr Webster, do you have any ideas or thoughts about including the people whom Professor Miller referred to? They are often the most disenfranchised and furthest from communication systems, and so are difficult to reach. What have other countries done that we could learn from to ensure that those voices are at the heart of the participatory process?

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Professor Boyle, what do you think are the challenges in the participatory process? For example, might there be areas of contention around certain rights? We do not need to go into those rights because my colleagues will explore them further later. I am thinking about areas such as health, housing and education, and what is realistically achievable.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Sorry—Professor Boyle has indicated that she wants to come in, so I will bring her in first.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

That is helpful. I was thinking about the right to work, which not all asylum seekers and refugees have.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Dr Webster, you talked about the participatory process, and I would like to start off by discussing that a little bit further and drilling into it. It would be interesting to hear how you think the participatory process should be approached. I listened carefully to Professor Miller on the cross-cutting issues, including putting lived experience at the heart of all this. I come to you first, Professor Miller, and then I will bring in your colleagues.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

The second item on our agenda is to take evidence on minimum core obligations with a focus on recommendations from the national task force for human rights leadership. I welcome to the meeting Professor Katie Boyle, chair of international human rights law, University of Stirling; Alan Miller, professor of practice in human rights law from the University of Strathclyde and also co-chair of the national task force for human rights leadership; and Dr Elaine Webster, reader in law, also from the University of Strathclyde. You are all very welcome.

We will ask you a few questions as we go on, but I first invite Professor Katie Boyle to make a few opening remarks.

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Thank you. For my final question, I am going to go for Professor Miller, but if either of the other witnesses feels that they need to chip in, please indicate.

We have talked about non-legal routes but how might courts judge cases, given that we have difficulties in defining what the scope of minimum core obligations might be? Will courts have sufficient experience or skills to do that? What does the system need to provide for them to be able to do their job?

Do you want to respond, Professor Miller?

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Thank you very much. It has been a very interesting and informative session, and it seems quite fitting that we have ended by talking about dignity. On behalf of my colleagues, I thank the panel for their contributions.

11:25 Meeting continued in private until 12:09.  

Equalities, Human Rights and Civil Justice Committee

Minimum Core Obligations

Meeting date: 23 May 2023

Kaukab Stewart

Briefly, please, in the interests of time.