MODEL C Either UK or This would This option This is a less Scottish need to comply includes an robust UK/ Parliament with the current interpretative constitutional Scottish could adopt a reserved v clause; a duty framework in Parliament similar devolved on public terms of legislative structure to framework. bodies to judicial framework Human Rights comply and overview. based on It is beyond the Act that courts can Human competence of Declarations of extends to issue Rights Act the SP to incompatibility ESC/ ICESCR declaration of structure amend the are not binding incompatibility HRA. on Parliament and do not affect the application of the law. There is a strong element of deference to the legislature. D Similar to the This would This option Weaker type Equality Act need to comply requires that of enforcement UK/Scottish 2010 public with the current the judiciary Parliament Procedural sector reserved v play a legislative protection of equality duty devolved supervisory framework ESC rights or the duty framework. role in ensuring based on imposed by compliance duty to the with the duty to have due Assembly to have due regard to have due regard. ICESCR regard to the UN Convention on the Rights of the Child
MODEL C UK/ Scottish Parliament legislative framework based on Human Rights Act structure Either UK or Scottish Parliament could adopt a similar structure to Human Rights Act that extends to ESC/ ICESCR This would need to comply with the current reserved v devolved framework. It is beyond the competence of the SP to amend the HRA. This option includes an interpretative clause; a duty on public bodies to comply and courts can issue declaration of incompatibility This is a less robust constitutional framework in terms of judicial overview. Declarations of incompatibility are not binding on Parliament and do not affect the application of the law. There is a strong element of deference to the legislature. D UK/Scottish Parliament legislative framework based on duty to have due regard to ICESCR Similar to the Equality Act 2010 public sector equality duty or the duty imposed by the Assembly to have due regard to the UN Convention on the Rights of the Child This would need to comply with the current reserved v devolved framework. This option requires that the judiciary play a supervisory role in ensuring compliance with the duty to have due regard. Weaker type of enforcement Procedural protection of ESC rights
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