Consortium asks for evidence ahead of next UN report on economic, social, and cultural rights

Consortium asks for evidence ahead of next UN report on economic, social, and cultural rights

Consortium asks for evidence ahead of next UN report on economic, social, and cultural rights

In April 2023, the UN ‘s Committee on Economic, Social and Cultural Rights (CESCR) provided the UK Government with a List of Issues for them to respond to as part of a review of the UK’s record on implementing economic, social and cultural rights.  

Civil society can submit a report to this UN review by January 2025 to provide evidence on the topics outlined in this List of Issues. The Consortium will be coordinating a joint report from Scottish civil society organisations.

We are asking for your help in providing the right information and guiding the Committee as well as we can, with our recommendations and questions.

Our goal is to provide the UN with robust, factual, and comprehensive evidence of the UK’s, including Scotland’s, successes and failings in each area, to inform the final recommendations on economic, social, and cultural rights for the UK state.

Below is a list by area of concerns drawn from the CESCR’s April 2023 List of Issues. We are limited to 15 pages in total, so we have to be strict on word count within each area.

Specifically, we ask that our members and other interested organisations give us any recent evidence, reports, or details from work with communities and in policy influencing these issues. And we appreciate this data in all forms! From published reports you have been using to influence domestic policy, to a list of bullet points on key points you wish to be brought to the CESCR’s attention.

We appreciate that there are areas of serious concern that are not in the UN List currently. We ask that evidence is kept to the information within each section below in order to manage the total word count – however, if there is something else urgent that you think should be addressed within the report, we are open to hearing about it.

For example, since early 2023, there have been significant developments not covered in the original list, such as the rise in hate crimes against people of colour, migrants, refugees, and asylum seekers. This directly contradicts Articles 2, 13, and 15 of the ICESCR, and we will therefore be dedicating sections of our report to addressing these concerns.The Consortium is also happy to share information and resources on how you can submit your own report to the Committee, either in addition to, or separately from the Consortium joint report. Contact Lucy on lucy@hrcscotland.org for a Teams call to chat about this further if you are interested in doing this.

1. Human Rights Protection

• In 2023, there was concern over the potential repeal of the Human Rights Act and its implications.
• Within our final report, we will be focusing on the incorporation of international human rights into Scotland’s domestic framework, and urging the CESCR to put pressure on the Scottish Government to fulfil their promise of a Scottish Human Rights Bill.

2. Climate Change and Environmental Rights

• Impact of Climate Change on Rights: Climate change poses significant threats to economic, social, and cultural rights, particularly for marginalised and disadvantaged groups. The Scottish Government is being urged to incorporate the right to a healthy environment into Scots law by 2025, and ensure compliance with international conventions like the Aarhus Convention. This includes addressing issues like pollution, poor environmental quality, and access to green spaces, which disproportionately affect those in deprived areas.

3. Asylum and Refugee Rights

• Fair and Efficient Asylum Procedures: The UK’s asylum system is inefficient and unfair, and has been criticised for its inefficiencies and restrictions, particularly the ban on asylum seekers working while their claims are processed. Allowing asylum seekers to work after six months would prevent destitution and better utilise their skills. It is also crucial to ensure that all asylum applicants have access to fair and efficient procedures, in line with international obligations.

4. Gender Equality and Employment

• Gender Pay Gap: Despite legal requirements for gender pay gap reporting, significant disparities remain, with a 10% gap between men’s and women’s average hourly rates in 2022 and an even larger gap when comparing part-time and full-time work. These gaps are exacerbated for women of colour, disabled women, and older women. The COVID-19 pandemic has further widened these gaps, making it essential to ensure that both UK and Scottish governments take meaningful actions to close them.

5. Racial Equality in Employment

• Employment Disparities for BAME Communities: The employment rate for Black, Asian, and Minority Ethnic (BAME) Scots is significantly lower than that of their non-BAME counterparts, with a 15% gap in 2022. BAME individuals also face higher rates of poverty and lower average wages. Addressing the underrepresentation of ethnic minorities in senior positions and improving employment outcomes for BAME communities is critical to reducing these disparities.

6. Employment Rights

• Use of Zero-Hour Contracts: Zero-hour contracts are all too often exploitative, offering no job security or guaranteed income. Workers under these contracts often lack basic rights such as maternity leave, sick pay, and protection against unfair dismissal. The prevalence of zero-hour contracts, particularly in the public sector, raises serious concerns about the violation of workers’ economic, social, and cultural rights.

7. Social Security and Welfare

• Universal Credit and Benefit Cap: Reforms and cuts to the UK’s social security system, including the use of sanctions and the benefit cap, have led to increased financial hardship for many individuals. The failure to index benefits to the cost of living, alongside policies like the two-child limit, has exacerbated poverty, particularly for women and marginalised groups. The five-week wait for Universal Credit has deepened poverty and debt among vulnerable populations.

8. Right to Adequate Food

• National Strategy for Food Security: The right to adequate food is a fundamental human right, yet food insecurity remains a significant issue in Scotland, particularly for older people, asylum seekers, anddisabled people. The COVID-19 pandemic highlighted the need for a comprehensive national strategy to address malnutrition and food insecurity. Embedding training on these issues into the education of health and social care professionals is vital for addressing this human rights challenge.

9. Public Health and COVID-19 Response

• Impact of COVID-19 on Healthcare Services: The COVID-19 pandemic has had a profound impact on healthcare systems, leading to backlogs in medical procedures, extended waiting times, and challenging working conditions for health service personnel. Emergency legislation during the pandemic also raised concerns about the impact on human rights, particularly for marginalised groups. Ensuring that the right to life is protected during public health emergencies is a key area of focus.

10. Poverty and Child Poverty

• Child Poverty and National Poverty Rates: The UN has requested updated data on poverty rates, including child poverty, in the UK. The introduction of statutory indicators such as parental worklessness and children’s educational attainment has been used to address child poverty, but significant challenges remain. Understanding the evolution of poverty rates and the effectiveness of current strategies is essential for informing future actions to combat poverty.

In addition to sending us recent evidence, reports and information, you can also join one of our upcoming workshops to share your expertise!

Click here to join one of the ICESCR evidence workshops