TWO young Scots will make history today when they address the UN over concerns about Scotland’s record in upholding the United Nations Convention against Torture.
Human Rights Defenders Katrina Lambert and EJ Carroll, both 18, are the youngest ever to address the UN’s Committee Against Torture in Geneva (UNCAT) and their evidence comes as the Scottish Parliament considers setting the age at which children are criminalised at 12 years – two years below the accepted international standard of 14.
The Geneva meeting will also be told about the use of restraint in schools, the physical punishment of children and the use of so-called “mosquito” devices.
The committee will also hear calls for Scottish Government action to tackle concerns over the treatment of people with mental illness and in care homes, understaffing and overcrowding in prisons and systematic failures in investigating deaths in custody.
This follows the high-profile case of Sheku Bayoh who died after being arrested by police in Kirkcaldy.
The report by the Scottish Human Rights Commission (SHRC) to be considered by the UN today also raises concern about the length of time it takes for Fatal Accident Inquiries (FAIs) to be held on deaths in prisons.
A Freedom of Information request in 2019 revealed there are 127 outstanding prison FAIs with a significant number of deaths still “awaiting determination”. The longest waiting time is eight years.
Criticisms are also made over the fact that there are no mandatory investigations for deaths in mental health settings in Scotland. The commission says every death of a patient being treated for mental illness should be subject to an investigation in line with human rights standards.
Judith Robertson, chair of SHRC, said: “We all have the human right to be free from cruel and degrading treatment, whether that’s in care homes or hospitals, when we use mental health services, or if we come into contact with the criminal justice system.
“As a country we have signed up to these standards but are failing to meet all of them. The Scottish Government must take action to address the concerns we have set out in our report to the UN.”
On care homes, the commission said there should be effective guidance to businesses operating in the care sector on how to respect human rights, and that the treatment of older people in care homes should meet UNCAT standards.
With regard to prisons, the report points out that several in Scotland are understaffed and some prisoners are locked up for up to 22 hours a day with limited access to activities. There are concerns regarding overcrowding and that isolation units in prisons are overused.
The evidence session will inform the committee as they prepare to examine the UK Government tomorrow on where the UK and devolved governments currently fail to meet human rights obligations.
Lambert and Carroll said they were pleased at the chance to address the committee.
“Having young people at the heart of the UN is absolutely crucial,” said Lambert. “We’re so excited to have this opportunity ... but we don’t want to an exception to the norm – children and young people should be included here.”
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