The Right to an Effective Remedy and Accountability in the Privatisation of Public Services: United nations convention on the rights of the child (incorporation) (Scotland) bill

Citation

Boyle K (2020) The Right to an Effective Remedy and Accountability in the Privatisation of Public Services: United nations convention on the rights of the child (incorporation) (Scotland) bill. European Human Rights Law Review, 2020 (6), pp. 610-623.

Abstract
In September 2020 the Scottish Government introduced the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill to the Scottish Parliament. It constitutes a watershed moment for human rights incorporation at the subnational level. Whilst manifesting as an example of innovative practice in the incorporation of rights, the Bill falls short on access to justice mechanisms to ensure effective remedies for violations, including in relation to the contested scope of accountability in the privatisation of public services. The article addresses both a domestic and international audience reflecting on the limited v transformative nature of the legalisation of rights. It recommends legislating for a right to an effective remedy and expanding the definition of a private body performing a public function to ensure accountability when public services are privatised.

Keywords
incorporation; UN Convention on the Rights of the Child; economic and social rights; access to justice; pre-legislative scrutiny; effective remedies; privatisation of public services; private authorities performing public functions; devolution

Journal
European Human Rights Law Review: Volume 2020, Issue 6

• Accepted manuscript