While noting that in practice the SHRC encourages ratification and effective implementation and incorporation of international human rights instruments, such as through its advocacy for the incorporation of the CESCR, CRPD, CEDAW and CERD into Scots Law, the Act is silent regarding this function. 

The SCA highlights that encouraging ratification of, or accession to, regional and international human rights instruments, as well as monitoring the effective implementation of those instruments to which the State is party, is a vital function of an NHRI. 

The SCA encourages the SHRC to advocate for an express mandate within its enabling law to encourage ratification and accession to international human rights instruments. The SCA refers to Paris Principle A.3(b) and (c) and to its General Observation 1.3 on ‘Encouraging ratification or accession to international human rights instruments.