Report: Scottish Gypsy Travellers denied access to justice

The report, by academics at the University of Glasgow, examines the extent to which Scottish Gypsy/Travellers’ living conditions and experiences of public service delivery comply with international and Scots law and evaluates the effectiveness of available routes to remedy where rights breaches occur.

The research, conducted by Professor Nicole Busby, Cameron Wong McDermott and Şefki T. Bayram, complements ongoing work on the legacies of historic, State‑sanctioned discrimination against Gypsy/Traveller communities in Scotland, including policies colloquially known as the ‘Tinker Experiment’.

Key findings of the report include:

• Despite protections against hate crime in Scots law, the authors of the report came across anecdotal accounts of racially motivated harassment perpetrated against individuals and communities by members of the wider public, and in some instances, by duty bearers.
• Aspects of Scotland’s law, policy, and practice in relation to housing protections for Scottish Gypsy/Travellers are incompatible with the key tenets of the right to adequate housing, including legal security of tenure, habitability and cultural adequacy.
• There is a lack of clarity regarding security of tenure, and specifically, the rights and protections available to residents living on local authority Gypsy/Traveller caravan sites.
• Significant barriers prevent Scottish Gypsy/Travellers from accessing legal advice, representation, and effective remedies. Although many of the rights issues encountered are enforceable through domestic legal routes, communities reported persistent difficulties in securing legal assistance, especially in relation to housing matters.

Lorraine Barrie, development manager at Making Rights Real said: “This comprehensive report adds to the growing body of evidence that Scottish Gypsy Travellers continue to live with systemic discrimination and racism in their day to day lives. Almost one year on from the Scottish Government’s apology for the Tinker Experiment, little has changed and the issues are not going away.

“Of particular concern is the lack of legal advice and representation available to Gypsy Travellers – they are denied access to justice when their human rights are breached.
“There is much for duty bearers and National Human Rights Institutions to act upon here, and we call upon them to take proactive steps immediately. Making Rights Real will continue to work hand in hand with Gypsy Traveller human rights defenders in their tireless work to improve conditions for themselves, their children, and their community”.

Professor Nicole Busby and Cameron Wong McDermott said: “We hope this report will be of use to Gypsy/Traveller communities within Scotland. In writing it, our attention is focused on providing essential information which will be of use to individuals regarding the availability and content of their legal rights, routes to accessing those rights and the remedies available for breaches.

“As well as providing this important information, the report has a wider purpose in that we hope it will be used as an advocacy tool for SGT communities and those working with them in the quest for improvements in public service provision, improved availability of and access to legal services and, where appropriate, to legal redress. We are grateful to the communities at Double Dykes, Bobbin Mill and Tarvit Mill for their expertise in sense-checking certain aspects of this research, and to Making Rights Real for partnering with us throughout this project.”
 
A summary of the 23 recommendations is available here.