Section 2(2) of the SHRC Act defines human rights as (a) the Convention rights within the meaning of section 1 of the Human Rights Act 1998 (c.42), and (b) other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom. The definition of human rights in the Act thus remains restricted to conventions ratified by the United Kingdom. The SHRC reports that it interprets its mandate broadly. 

The Act is not explicit on different aspects of the mandate and power of the SHRC. These include human rights protection mandate and the power to investigate and advise on cases of individuals. The SHRC also faces restrictions regarding inquiries into the policies and practices of Scottish public authorities as per Section 9 (2) and (6) of the Act. Section 11 of the Act empowers the SHRC to visit places of detention for inquiry purposes only, with this power limited to announced visits. Article 6 (1) of the Act provides that the SHRC may not provide assistance to or in respect of any person in connection with any claim or legal proceedings to which that person is or may become a party. 

The SCA further notes that while the SHRC is designated as and carries out functions as a member of both the UK multi-body National Preventive Mechanism and UK Independent Mechanism to monitor the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), these functions have not been vested through a statutory basis. 

The SCA is of the view that all NHRIs should be legislatively mandated with explicit functions to both promote and protect human rights. The SCA understands ‘protection’ functions as those that address and seek to prevent actual human rights violations, and include monitoring, inquiring, investigating and reporting on human rights violations, and may include individual complaint handling. 

The SCA acknowledges the SHRC’s work to carry out broad protection activities, such as through its Spotlight Projects and its advocacy undertaken to secure a stronger protection mandate under the UNCRC Incorporation Scotland Act. 

The SCA acknowledges the advocacy that the SHRC has undertaken for a stronger protection mandate, including for a more comprehensive investigation function, removal of the restriction to provide advice to individuals on their rights, to raise own name human rights litigation and to require public bodies to respond to requests for information from the NHRI. The SCA encourages the SHRC to continue its advocacy for amendments to its legislation to include more explicit and stronger protection function, and to clarify the institution’s legal mandate for its work in the NPM and national CRPD Independent Monitoring Mechanism. 

The SCA further encourages the SHRC to continue to interpret its mandate broadly and advocate for appropriate amendments to include a more expansive definition of human rights as well as an explicit mandate to conduct unannounced visits to places of deprivation of liberty. 

The SCA refers to Paris Principles A.1, A.2 and A.3 and to its General Observation 1.2 on ‘Human rights mandate’.