Devolution and international human rights monitoring mechanisms

Abstract

This article analyses how the protection of human rights in the three devolved regions of the United Kingdom (UK) has been periodically monitored at the international level since devolution took effect in 1999. It looks at the work of the 10 United Nations monitoring mechanisms to which the UK has subscribed and at seven Council of Europe mechanisms. A summary is provided of the degree to which the UK’s national reports, responses to lists of issues and replies to questionnaires have referred to human rights issues in Scotland, Wales and Northern Ireland, and there is then a summary of references made to those jurisdictions in the monitoring body’s concluding observations or reports, especially when the references express concerns about whether the rights in question are being fully protected in accordance with treaty requirements. The analysis reveals that UK national reports do now include a lot of information about how rights are protected in the devolved regions, even if the devolved administrations themselves, especially in Northern Ireland, are not always as cooperative as they should be in compiling the national reports. The monitoring bodies also now pay close attention to regional variations in the protection of rights and at times issue recommendations directed at the devolved administrations, while emphasising that the UK Government has ultimate responsibility for compliance with treaty obligations. The case study illustrates various well-known defects in the international monitoring system, such as delays, duplication of effort and lack of enforcement powers.