Incorporating the United Nations Convention on the Rights of People with Disabilities (CRPD) in Scotland

Inclusion Scotland and the Health and Social Care Alliance Scotland (the ALLIANCE) have expressed their support for incorporation of the Convention on the Rights of Persons with Disabilities2 (CRPD) and other international human rights treaties into Scots law as a means to ensure that people’s rights are respected, protected and fulfilled. In order to inform their positions on incorporation, they jointly commissioned this report, which identifies and compares the benefits of different models of incorporation with specific reference to the CRPD.

The aim of this report is to provide information and opinion relevant to the opportunities to further entrench the CRPD in Scotland through incorporation and other methods of implementation. The report addresses the following considerations: (1) Whether or not incorporation of the CRPD would be positive for the realisation and progression of disabled people’s rights in Scotland; (2) Which model(s) of incorporation of the CRPD would be most beneficial for securing positive outcomes for disabled people in their everyday lives;   and (3) What other legal mechanisms or duties could be created to ensure better realisation and or justiciability of disabled people’s rights.  

The report is intended to inform and increase the capacity of disabled people, Inclusion Scotland and the ALLIANCE in their efforts to inform and influence law and policy makers, including the Scottish Government, Scottish Parliament and the National Taskforce for Human Rights Leadership3 so that they recognise the benefits of and best models for incorporation of the CRPD and the realisation of disabled people’s rights.