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The Scottish Government wants to incorporate certain international human rights standards already signed and ratified by the UK into domestic law in Scotland. This includes the International Covenant on Economic, Social and Cultural Rights (ICESCR).  These human rights would join those that already exist in domestic law in underpinning public services in Scotland. RCN responded to the consultation on behalf of our members with a focus on the ICESCR Article 12 right to the highest attainable standard of physical and mental health.

RCN Scotland broadly supports the Scottish Government’s approach to a Human Rights Bill. We also support the idea that human rights should underpin public services. However, we have two major and related concerns to do with the proposed incorporation of the right to the highest attainable standard of physical and mental health. These concerns are to do with:

• the workforce capacity of the public sector in health and social care to deliver rights-compatible services and
• the remedies for public sector employees if their employer organises their work in a way that breaches their Article 12 right.