Kasey McCall-Smith authors report on prohibition of torture in Scots law

Kasey McCall-Smith authors report on prohibition of torture in Scots law

Dr Kasey McCall-Smith

In December 2023, the Human Rights Consortium Scotland (HRCS) published a research report written by Dr Kasey McCall-Smith entitled The Benefits of Incorporating the UN Convention against Torture and other forms of Cruel, Inhuman or Degrading Treatment into Scots Law.

This report focused on the gaps that remain in Scots law in the pursuit of eradicating all forms of torture and other forms of cruel, inhuman, or degrading treatment; Dr McCall-Smith also offers recommendations on the issues raised in the Scottish context in addition to the precarious status of the Human Rights Act 1998.

This report was published following the Scottish government’s consultation on a new Human Rights Bill for Scotland, which closed in October 2023. The Scottish government plans to introduce the bill to the Scottish Parliament for consideration before the end of the current parliamentary session in 2026.

Dr McCall-Smith said: “I am pleased to see the issue of prohibiting torture is still front and centre for many organisations in the ongoing discussions about human rights incorporation in Scotland. Incorporating the prohibition directly into Scots law would close many of the legal and policy gaps that persist to facilitate prohibited treatment, such as the solitary confinement of children.

“While most people think torture and other forms of ill-treatment do not happen in Scotland, there are many instances that simply occur below the public’s radar. This report highlights a few of these appalling practices.”

The report can be read and downloaded here.

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