Publication of the Final Human Rights Lived Experience Board Report
No one has human rights until we all have human rights, equally. Human rights are for every person, regardless of their situation. These must be reflected in strong, equal human rights policies and laws.
In 2021 SCLD was funded by the Scottish Government to create a Human Rights and Learning Disability Lived Experience Board to help the Scottish Government involve the opinions, ideas, and experiences of people with learning disabilities in the new Human Rights Bill for Scotland.
Throughout its lifetime, the Board has worked to advise the Scottish Government of the essential steps it must take to ensure the Bill works for people with learning disabilities. Board members have shared their expert knowledge and experience of the most important and impactful aspects of human rights for people with learning disabilities as well as their denial and abuse.
This report is the 3rd and final report produced by the Board. It covers the period from July 2023 to March 2024.
The report
The full report can be read here and the Easy Read Report can be found here.
Recommendations
1. Fully incorporate UNCRPD into the Human Rights Bill.
The Board was clear that piecemeal incorporation, or duty to consider, is the wrong method of incorporation for UNCRPD. Without full incorporation ‘My life will not be equal.’
2. Remove learning disability from the Mental Health (Care and Treatment) (Scotland) Act 2003.
‘UNCRPD means we’re equal but the Mental Health Act [Mental Health (Care and Treatment) (Scotland) Act 2003] says people can be locked up if they have a learning disability. That’s not equal.’
3. Support the creation of a justice system that ensures equal access to justice and right to remedy.
‘Everyone in Scotland must have equal access to their rights, have equal protection under the law.’
4. Support data collection and highlight the importance of human rights monitoring.
‘People with learning disabilities are lots of times just invisible. People like Margaret Flemming just disappeared and no one noticed.’
5. Use of positive language and definitions related to people with learning disabilities.
‘The Human Rights Bill should say that learning disability isn’t a mental disorder.’ People with learning disabilities need to be involved in writing new definitions.
More information
Links to the Board’s earlier reports are below:
First report
Second report
With thanks to Sarah D’Agrosa who was the Human Rights Engagement Adviser who worked with the Lived Experience Board throughout the project and supported them with the production of this report.
The Lived Experience Board would like to thank the organisations that so valuably engaged with them to produce this report, and the Scottish Government for involving them in their work on the Human Rights Bill for Scotland. The Board hopes that the Scottish Government continues to meaningfully involve people with lived experience in the future stages of the Bill.
Together we can realise equality.
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