Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S1W-10327 · Session 1

Whether it will make representations to Her Majesty's Government on why Articles 1 and 13 of ECHR, which deal with the securing and enforce…

Answered Asked by Irene McGugan SNP Lodged 6 Oct 2000

The question

To ask the Scottish Executive whether it will make representations to Her Majesty's Government on why Articles 1 and 13 of ECHR, which deal with the securing and enforcement of citi'ens rights, were not included in the Human Rights Act 1998 which came into force on 2 October 2000 and whether this will have any implications for the legal and court system in Scotland.

The answer

Answered by Jim Wallace on 30 Oct 2000 · 24 days after it was lodged, 10 days after it was due

No. Article 1 provides simply that the contracting parties to the Convention "shall secure to everyone within their jurisdiction the rights and freedoms defined in section 1 of this Convention". That objective is achieved by the Human Rights Act itself. Article 13 provides that anyone whose Convention rights and freedoms are violated shall have an effective remedy before a national authority. The Human Rights Act gives effect to Article 13 by establishing a scheme under which Convention rights can be raised before domestic courts, and remedies given. Nevertheless, Scottish and other UK courts may have regard to the case law on Article 13 in considering cases brought before them.There are no specific and distinctive implications for the legal and court system in Scotland by comparison with the rest of the UK.

In the Official Report

No contribution in the Official Report cites S1W-10327 by reference.