Self-Directed Support and Human Rights
The Human Rights Framework
The Framework of Human Rights Law is Drawn from the following sources
The Universal Declaration of Human Rights - this
is commonly seen as the foundation of international Human Rights Law.
Adopted in 1948 it has been an inspiration for a wealth of international
treaties and other instruments which form the backbone of Human Rights
Law
International treaties
(including UN Convention on the Rights of Persons with Disabilities)
International
treaties place on signatory States certain obligations and duties under
international law. In order to ratify these treaties, Governments
undertake to put into place domestic measures and legislation compatible
with their treaty obligations and duties.It is the domestic legal
system,
therefore, that provides the principal legal protection of human rights
guaranteed under international law.
European Convention on Human Rights
The
ECHR was drafted in the aftermath of the Second World War as part of a
wider response of the Allied Powers in delivering a human
rights agenda through which it was believed that the most serious human
rights violations which had occurred during the War could
be avoided in the future.
Human Rights Act 1998 and Scotland Act 1998
These
make provision for the rights contained in The European Convention of
Human Rights to be enforced domestically in Scottish Courts and
ultimately the Supreme Court. This does not effect the rights of
individuals to take matters to the European Court of Human Rights