CPLC Consumer Protection Legislation CRC Convention on the Rights of the Child CRIA Child Rights Impact Assessment CRPD Convention on the Rights of Persons with Disabilities CSO Civil Society Organisation CSR Corporate Social Responsibility CYPCS Children and Young People’s Commissioner Scotland DFID Department for International Development DIHR Danish Institute for Rights EA Environmental Agency EASS Equality Advisory Support Service EBRD The European Bank for Reconstruction and Development ECA Export Credit Agencies ECHR European Convention on Human Rights ECtHR European Court of Human Rights EHRC Equality and Human Rights Commission EIA Environmental Impact Assessment EIB The European Investment Bank EITI Extractive Industries Transparency Initiative ESHR Environmental, Social and Human Rights ESOL English for speakers of other languages ESPD European Single Procurement Document ETI Ethical Trading Initiative EU European Union FCO Foreign and Commonwealth Office GNI Global Network Initiative HMICS Her Majesty’s Inspectorate of Constabulary in Scotland HMIPS Her Majesty’s Inspectorate of Prisons for Scotland HMRC Her Majesty's Revenue and Customs HRA Human Rights Act 1988 HSE Health and Safety Executive ICAR International Corporate Accountability Roundtable ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families ICoCA International Code of Conduct for Private Security Service Providers Association ICT Information and Communications Technology ICVS Independent Custody Visiting Scotland IFC International Finance Corporation IIA International Investment Agreement ILO International Labour Organisation JCHR Joint Committee on Human Rights KPI Key Performance Indicator LASPOA Legal Aid, Sentencing and Punishment of Offenders Act 2012 LLB Bachelor of Laws MA Modern Apprenticeship MNEs Multinational Enterprises
MWCS Mental Welfare Commission for Scotland NAP National Action Plan NBA National Baseline Assessment NCP National Contact Point NDPB Non-Departmental Public Body NGO Non-Governmental Organisation NHRI National Human Rights Institution NPM National Preventive Mechanism NRW Natural Resources Wales NUS National Union of Students NXD Non-Executive Director OECD Organisation for Economic Cooperation and Development OFSI Office of Financial Sanctions Implementation ONR Office for Nuclear Regulation OPCAT Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment OSDR Offshore Safety Directive Regulator PIDA Public Information Disclosure Act 1998 SCOW Scottish Commission on Older Women SDS Skills Development Scotland SEPA Scottish Environmental Protection Agency SFA Scottish Football Association SG Scottish Government SGWW Strategic on Women and Work SHRC Scottish Human Rights Commission SMEs Small and medium-sized enterprises SNAP Scotland’s National Action Plan for Human Rights SNH Scottish Natural Heritage SPAN Scottish Procurement Action Notes SPFM Scottish Public Finance Manual SPPN Scottish Procurement Policy Notes SPSO Scottish Public Service Ombudsman STUC Scottish Trade Union Congress SUL Scottish Union Learning TULRCA Trade Union Labour Relations (Consolidation) Act 1992 UDHR Universal Declaration of Human Rights UKEF UK Export Finance UKHTC UK Human Trafficking Centre UN United Nations UNCAT UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment UNGP UN Guiding Principles on Business and Human Rights UPR Universal Periodic Review VPs/VPS Voluntary Principles on Security and Human Rights WB World Bank WTO World Trade Organisation THE NATIONAL BASELINE ASSESSMENT TEMPLATE
A petition submitted to the Scottish Parliament urged the Scottish Government to investigate, among other things, the legal status and appropriateness of professional SFA (Scottish Football Association) clubs entering into contracts with children under 16 years of age, as well as ‘compensation’ payments between SFA member clubs for the transfer of young players under the age of 16 years. In particular, the petition argued the ‘transfer market’ breaches the UN Convention on the Rights of the Child. The Public Petitions Committee consulted with a wide-range of stakeholders, including the Children and Young People’s Commissioner Scotland (CYPCS), to review the current registration process from a rights perspective. In undertaking a child rights impact assessment (CRIA), the CYPCS recommended that “professional football clubs need to take greater account of children’s rights within youth football” and called for changes in the registration process. In March 2016, the Public Petitions Committee agreed to include the petition in its legacy paper for consideration by the Session 5 Public Petitions Committee and agreed to write to the Scottish Government regarding regulation. Non-Judicial Grievance Mechanisms See Principle 1.2 - OECD Guidelines for Multinational Enterprises: Amnesty International has noted the high rejection and referral of cases by the UK NCP and the high evidential threshold that the UK NCP imposes on complainants that goes beyond the requirements of the OECD’s Procedural Guidance. GUIDING PRINCIPLE 2 States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations. Commentary to Guiding Principle 2
consider equality within award criteria and conditions in relation to public procurement; set equality outcomes every 4 years and report on progress every 2 years; undertake equality impact assessment of new or revised policies and practices; report every 2 years on how the public sector equality duty is being mainstreamed within the authorities’ functions. In March 2016 the duties were amended so that listed public authorities with more than 20 employees (reduced from 150 employees) are now required to publish details of their gender pay gap every two years and statements on equal pay and occupational segregation every four years. Tax Law See Principle 1.5. Trade Law Export Control Agency Requirement for businesses to apply for export licences for various trades (including arms) in certain countries. Potential human rights abuses are a justification for the refusal of the licences. Privacy and Technology Law Data Protection Act 1998 Personal data may not be used without permission unless for the interests of the data subject or for legal requirements. Personal data may only be obtained for lawful purposes (adequate, relevant, and not excessive). Disclosure and Reporting Management of Health and Safety and Work Regulations 1999 Regulations require that risk assessments are carried out on risks that the businesses pose to health and safety. Modern Slavery Act 2015 Regulations require large businesses (with a turnover of above £36 million) to prepare a slavery and human trafficking statement for each financial year, setting out the steps the organisation has taken to ensure that slavery and human trafficking is not taking place in any of its supply chains or in any part of its own business. Companies Act 2006
Tax For EU-regulated contracts, under , a contracting authority must exclude an economic operator from the procurement process where it has been subject to a binding decision (judicial or administrative) and which is found to be in breach of its legal obligations to pay tax or social security. In respect of regulated contracts, under and , a contracting authority can also exclude an economic operator where it establishes by any appropriate means that the economic operator has breached its tax or social security obligations. This means that where there is evidence which falls short of a judicial or administrative decision, a contracting authority still has the option of excluding an economic operator where it thinks it is appropriate to do so. Blacklisting The Scottish Government has gone further than any part of the UK to tackle blacklisting in public procurement. , and require public bodies to exclude from competition any businesses which have been found to have breached , or which have admitted to doing so, until such time as they have taken appropriate remedial measures or a period of three years has elapsed, the longest period of exclusion allowed under EU law. Environmental, social and labour laws Under and , an economic operator may be excluded from the procurement process where a contracting authority can demonstrate that the economic operator has breached any obligations in the fields of social, environmental and labour law. This exclusion ground is discretionary and it is therefore for the contracting authority to decide if exclusion is appropriate. Equality Specific duties made by Scottish Ministers at section 149 of the () require contracting authorities to have due regard to whether both award criteria and contract performance conditions should include considerations to enable the better performance of the public sector equality duty. Scottish specific duties go further than the specific duties in England, which do not contain a procurement duty. These Scottish specific duties apply to public procurement covered by the . The Scottish Government has a detailed interactive tool on procurement that can be used to support procurement across the Scottish public sector. The tool contains advice regarding the use of a sustainability checklist to consider the potential social, economic, and environmental impact associated with procurement as well as fair work practices. The tool provides links to ‘statutory guidance on the selection of tenderers and award of contracts - addressing fair work practices, including the Living Wage, in procurement’. The tool also includes guidance on exclusion criteria (including, the fulfilment of obligations to pay tax, blacklisting