Humanitarian interventions are a state practice: only the state (or a group of states) can conduct legitimate humanitarian interventions (Bell, 2014, p.297). I argue in this blog post, that Scotland’s poverty levels are a humanitarian issue. I call on the UK Government as the legitimate leader of the state, to take the steps necessary to reduce the poverty levels in Scotland.
Unlike preceding blog posts, this blog post takes a more academic style. The reason for the academic tone is to give the argument legitimacy. I am not suggesting non-academic posts lack legitimacy. I am suggesting the UK state has forgotten the role of the state in the social contract. A simple definition of the social contract is the relationship between the state and the citizens of the state. I claim herein if the UK state desires to be seen as legitimate then the UK state must focus social policy on merit goods.
Merit Goods are goods that society believes should be widely consumed or universally accessible (Mackintosh and Meads, 2010 .p393). I claim in this blog post the Merit Goods that society supports are Human Rights. I strongly recommend to the UK state that failure to protect citizens’ human rights will result in the removal of any legitimacy the government still has.
The JRF poverty in Scotland report (Cebula et al…, 2022) found
There was an overwhelming consensus among people in Scotland that organisations and governments were not doing enough to tackle the cost-of-living crises… with 92% of respondents thinking the UK government is NOT doing enough.
I note the sample size of 4,196 is not a complete census. However, I argue that 92% of 4,196 is significant ground to suggest the UK state has lost the legitimacy to govern the people of Scotland.
The blame is not isolated at the door of the UK State, however, 85 % of the 4,196 people interviewed for the JRF report think the Scottish Government is not doing enough.
Two things the reader should note: 1. The Scottish government has a fixed budget. 2. The humanitarian crisis in Scotland was the making of the UK state. As a state, only the UK state has the power of Humanitarian intervention.
The Quantitative data
The quantitative data provided by Poverty In Scotland 2022 and Poverty in Scotland 2021 casts questions over The Scottish Governments ability to drive home the outcomes which the Human rights (Scotland) Bill/Act are mandated to achieve. H Mckendrick and C Treanor (2021, p.105) highlight only 35 % of households from Scotland’s 10 % most deprived areas report they are ‘managing well financially.
According to Cebula et al (2022), p,21 82% of adults living in 10 % of the most deprived areas in Scotland report the cost of living crisis is having a negative effect on their mental health.
Note this is my reading of the data.
The findings from JRF Poverty in Scotland (Cebula et al, 2022, p, 13) show one in four 26% of families with children have cut back on things their child needs, such as food or childcare.
I draw from the data presented in poverty in Scotland 2021 and 2022, that the situation citizens of Scotland find themselves in directly affects mental well-being. Which I argue is directly linked to the right to health.
Given the data, I have a hand I would like the reader to consider three things.
- There is a direct negative to public health caused by UK government policy. As a result, the government is not fit to lead.
- Because of the UK Government’s miss management of Merit Goods/social policy. The Scottish Government finds itself in a position where incorporating, getting it right for every child (GRFEC) and the UN conventions on Human Rights onto Scots law has become more challenging.
- Under international law, only the UK Government as a state governor can declare the need for humanitarian intervention to tackle the cost of living crisis.
A lack of financial security is anxiety-inducing at the best of times but in a time of dramatically rising costs, it makes it nigh-on impossible for families to cope.
The Qualitative Data
If you know me, you will know I am not a fan of quantitative data. I believe quantitative data is important for identifying trends. However, I also believe quantitative data cannot provide the same background as qualitative data as to where the data comes from. Therefore, having qualitative data included in Poverty in Scotland 2022 gives the data a human story to support the data. In this section, I will reproduce quotes from Poverty in Scotland 2022 whilst providing some wider content.
Grace from Glasgow says:
I’ve had to reduce food intake, we make one meal for everyone. You take what you need and no more. We cannot waste one drop. I check the bin, and plates to make sure no one is leaving any food.
JRF Poverty In Scotland
Under Article 11 of the International Covenant on Economic, Social and Cultural Rights-ICESCR, the right to an adequate standard of living includes the provision of adequate housing, food and water. I have no direct understanding of Grace’s living standards. However, if they are below ICESCR standards then the UK is in breach of Human Rights. I put it to the reader that the UK Government has no legitimacy if this is indeed the case.
Concerning the Human Rights (Scotland ) bill. Once incorporated into Scots law via an Act of the Scottish parliament. The Scottish Government becomes directly responsible for overseeing Grace’s Human Rights. However, the Scottish Parliament may lack the fiscal and policy power to do so.
Laura also from Glasgow Says:
My 14-year-old is growing and hungry all the time. We cannot afford the extra food so we have to bulk up his portions so my other children get less.
JRF Poverty In Scotland
Not only is this in breach of the ICESCR it is a failure of GIRFEC. I would recommend that a Scottish Government minister contact JRF regarding these quotes at the earliest convenience.
The above two quotes have called on both governments UK and Scottish to take action. Alex from Fife takes a different view. Alex’s intervention points out:
I feel like the support is completely unsustainable, how are these random handouts going to help in the long term?
International Covenant on Civil and Political Rights (ICCPR)
Above I looked at how social and cultural rights have become infringed upon as a direct result of the cost of living crisis. We can see this from JRF findings:
We have seen that the isolation caused by the covid-19 pandemic has affected families and this cost of living crisis is having a similar impact. Families are cutting back on things that isolate both adults and children.
JRF Poverty In Scotland 2022
Angela O’Haggan said in the introduction to Poverty in Scotland 2021
Covid-19 has meant that 2020 delivered thousands of additional deaths…intensified social isolation and mental ill health, personal and community poverty, and economic and social instability and insecurity.
O’Hagan, 2021
The UK is on an alarming downwards slope. I shall not go into what this means for GDP and inequality. I would recommend readers, read ‘The Spirit Level’ and ‘The Inner Level’ by Richard Wilkinson & Kate Pickett and watch what Mervyn King had to say here.
On the International Covenant on Economic, Social and Cultural Rights-ICESCR the UK is failing. There is no debate the UK is failing in Social and Cultural rights. It is a Humanitarian issue, which requires Humanitarian interventions from the UK state. The Scottish Government is powerless under international law to act.
Professor Alan Miller the Scottish Government’s advisor on Human Rights suggests the UK is doing better on International Covenant on Civil and Political Rights (ICCPR). Is the UK doing better on ICCPR? ICCPR gives citizens the right:
- Freedom from torture and other cruel, inhuman or degrading treatment or punishment.
- Fair trial rights.
- Freedom of thought, religion and expression.
- Privacy, home and family life.
- Equality and non-discrimination.
I do not know about the reader but it seems to me that from the qualitative evidence, provided by JRF’s Poverty In Scotland 2021 that families across Scotland are facing cruel, inhuman or degrading treatment or punishment.
I remind the reader of what Grace from Glasgow said:
I’ve had to reduce food intake, we make one meal for everyone. You take what you need and no more. We cannot waste one drop. I check the bin, and plates to make sure no one is leaving any food.
Grace: JRF, 2021.
To me, this sounds like inhuman treatment. I once again call on the UK Government to see this cost of living crisis as a Humanitarian crisis and ask once again for Humanitarian interventions.
Discussion
I have identified in this blog post, that the Scottish Government is almost powerless to act under international law. Yes, JRF’s report did recommend the Scottish Government do more with the powers available. Where the Scottish Government do not have the power to act. the UK Government does. However, The UK Government will not. Instead, the Government will use political ideology to try and reduce debt.
Mervyn King says it live on BBC politics. The citizens of the UK who are going to pay higher taxes to reduce UK debt are the citizens that are already living on borderline poverty. This is a Humanitarian crisis. What is required is Humanitarian interventions. Citizens of the UK don’t care about the borrowing rate at which the UK borrows money. What citizens of the UK care about is their Human Rights.
Human Rights. Can the Scottish Government afford to push on with a Human Rights bill at a time of crisis?
One of my colleagues from The Scottish Government’s lived experience Human Rights Board pointed out that a generation of young people has only ever known “CRISIS”. For me, it is not a case if the Scottish Government can afford a Human Rights (Scotland) Act. It is a case of can the Scottish Government afford NOT to have a Human Rights (Scotland) Act. Scotland is not a State under International Law. Scotland is a proud nation. Despite the failures of the UK Government, Scotland will remain a proud nation. A nation that stands up for Human Rights.
Conclusion
I wrote this blog for numerous reasons. The main one, I wanted to reflect on what I have achieved over 2022. A little cliffhanger, I never got my Social Enterprise registered before writing this blog. This is why I did not include a section on social enterprise. And, what role Social enterprises could/should play in the Human Rights (Scotland) Act.
The second is I am making changes to my website. The main one the A-LEAF page will be removed once the A-LEAF website goes live. That will give me more time to focus on Human Rights and UN SDG goals pages.
Poverty In Scotland 2021: towards 2030 without poverty and the JRF Poverty in Scotland 2022 provided the opportunity to write a blog focused the reader’s attention on the poverty situation in Scotland. Poverty In Scotland 2021: towards 2030 without poverty and the JRF Poverty in Scotland 2022 also provided the opportunity to show that the Scottish Government has one hand tied behind her back.
Humanitarian interventions are a state practice: only the state (or a group of states) can conduct legitimate humanitarian interventions. The hard reality is Scotland is not a state. Scotland lacks the policy and financial levers to do what needs to be done to tackle poverty in Scotland. The Scottish Government/Parliament do not have the powers to have a Human Rights (Scotland) Act. That is why it is delayed. For all the good it will do, I ask the UK Government one more time. Get off the political ideology trainwreck. See the cost of living crisis for what it is, a Humanitarian crisis. Bring forward Humanitarian interventions and give the Scottish Government the power it requires to make the Human Rights (Scotland) Act work.
David M Howie 