Lack of strategic court action by NGOs explored in new report

James Wolffe QC

Overcoming Barriers to Public Interest Litigation in Scotland suggests key barriers are: poor access to information about court cases; limitations to who can take a case to court; short time-limits for taking cases; inhibitive costs and financial risk; and a limited culture of using public interest litigation to bring change. The authors call for action to address these hurdles to better advance and protect human and environmental rights in Scotland.

The report was launched yesterday at ‘Using the law to advance human rights’ events hosted by the Faculty of Advocates: an afternoon event aimed at NGOs, and an evening keynote address by the Lord Advocate James Wolffe QC, followed by an expert panel.

Mr Wolffe said: “The rule of law and respect for fundamental rights are the foundation of a just society. I hope that this report stimulates interest in how the law protects human rights; and debate about how the protection of human rights can be further improved. I look forward to studying it carefully. It is essential that our shared values of respect for human rights are protected by a vigorous and accessible system of justice.”

Fiona Jones, policy and advocacy consultant, Clan Childlaw added: “As an organisation we try to use law strategically to further children and young people’s rights in Scotland, for example by intervening as a third party in court cases to provide the court with the children’s rights perspective of the issues before it.

“There are challenges for organisations - particularly voluntary organisations - that wish to take legal action to ensure the rights of the people they represent are upheld and enforced. This report aims to generate discussion of some of these challenges and how they can be overcome.”

Naomi McAuliffe, programme director Scotland for Amnesty International in Scotland commented: “Amnesty International has a strong record of pursuing human rights in court to bring real change for people. Whether on the extradition of those accused of crimes against humanity, mass surveillance by states, or access to safe and legal healthcare for women in Northern Ireland, sometimes the only option left for justice and redress is through the courts.

“This year is the 20th anniversary of the Human Rights Act and its important people know that this legislation enables them to take the government, a local authority or other public bodies to court for infringing their rights.

“But going to court can be an expensive and intimidating process and more needs to be done to address the barriers to individuals and organisations taking cases on the everyday human rights abuses happening in Scotland.”