What will the Bill do?
This Bill will obligate Public Authorities to pay Due Regard to the Articles of the UNCRPD in their operations.
Due Regard will be a statutory duty requiring public authorities to actively and consciously consider the rights, principles, and obligations set out in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) when developing, implementing, and reviewing policies, services, and decisions.
It does not require public bodies to always act in accordance with the UNCRPD, but they must show:
- They were aware of the relevant rights
- They consciously considered them
- They took proportionate steps to respect, protect, and fulfil them
We consider this Bill to be a first step towards Full Implementation of UNCRPD. Full Implementation would mean that all provisions of the Convention are realised in law, policy, and practice, ensuring that people with disabilities can fully enjoy all human rights and fundamental freedoms on an equal basis with others, through the active removal of barriers, promotion of accessibility, and full inclusion in all aspects of life.
The implementation of the United Nations Convention on the Rights of the Child (UNCRC) in Scotland is an example of how this is possible under a devolved remit. Incorporation of the UNCRC - The Children and Young People's Commissioner Scotland