Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-14315 · Session 2

Who has general responsibility for ensuring compliance in Scotland with the European Convention on Human Rights.

Answered Asked by Linda Fabiani SNP Lodged 9 Feb 2005

The question

To ask the Scottish Executive who has general responsibility for ensuring compliance in Scotland with the European Convention on Human Rights.

The answer

Answered by Hugh Henry on 7 Mar 2005 · 26 days after it was lodged, on time

The courts are responsible for enforcing compliance with Convention rights. Under the terms of the Human Rights Act 1998, all public authorities are required to act in a way that complies with the European Convention on Human Rights. Individuals whose rights have been breached by a public authority can take their case before the Scottish courts and ultimately to the European Court of Human Rights in Strasbourg.
In addition, under the terms of the Scotland Act, the Scottish Parliament and Executive are bound to comply with the European Convention on Human Rights. If they do not comply, and if a Scottish court upholds a challenge, actions of the Scottish ministers and the Scottish Parliament can be struck down as being unlawful.

In the Official Report

No contribution in the Official Report cites S2W-14315 by reference.