There is also a limited culture of using public interest litigation to bring change, report finds
Action must be taken to remove barriers which stop campaigning charities using the courts.
Leading organisations in Scotland - including Clan Childlaw, Human Rights Consortium Scotland and Amnesty International - have published a new report exploring why there is a lack of strategic court action by NGOs in Scotland and suggesting recommendations to address this.
Overcoming Barriers to Public Interest Litigation in Scotland says these barriers include poor access to information about court cases, limitations to who can take a case to court, short time-limits for taking cases and inhibitive costs and financial risk.
There is also a limited culture of using public interest litigation to bring change.
The authors call for action to address these hurdles to better advance and protect human and environmental rights in Scotland.
Among the recommendations are that NGOs and lawyers must work together, yet in Scotland there are relatively weak links between charities and the legal profession.
New models of funding public interest litigation in Scotland must also be looked at, including legal aid for charities taking public interest cases and allowing group actions and joint applications for legal aid by communities.
Lord Advocate James Wolffe QC helped launch the report.
He said: “The rule of law and respect for fundamental rights are the foundation of a just society. I hope that this report stimulates interest in how the law protects human rights; and debate about how the protection of human rights can be further improved.
“I look forward to studying it carefully. It is essential that our shared values of respect for human rights are protected by a vigorous and accessible system of justice."
Fiona Jones, policy and advocacy consultant at Clan Childlaw, which advocates for children and young people, said: “As an organisation we try to use law strategically to further children and young people's rights in Scotland, for example by intervening as a third party in court cases to provide the court with the children's rights perspective of the issues before it.
“There are challenges for organisations - particularly voluntary organisations - that wish to take legal action to ensure the rights of the people they represent are upheld and enforced. This report aims to generate discussion of some of these challenges and how they can be overcome."
Naomi McAuliffe, programme director Scotland for Amnesty International, added: “Amnesty International has a strong record of pursuing human rights in court to bring real change for people. Whether on the extradition of those accused of crimes against humanity, mass surveillance by states, or access to safe and legal healthcare for women in Northern Ireland, sometimes the only option left for justice and redress is through the courts.
“This year is the 20th anniversary of the Human Rights Act and its important people know that this legislation enables them to take the government, a local authority or other public bodies to court for infringing their rights.
“But going to court can be an expensive and intimidating process and more needs to be done to address the barriers to individuals and organisations taking cases on the everyday human rights abuses happening in Scotland.”
