Public consultation process
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Section 2.2. Section 2.2. All citizens are expected to uphold these rights. There will be no interference by a public authority with the exercise of these rights, except in the interests of national security or public safety, unless permitted in law.
Section 2.2. In addition to the rights set out in the ECHR is there a case for specific rights to protect citizens working conditions and terms of employment?
Section 2.2. My intial thought on this one is that the word "unless" should be replaced by the word "and if" (permitted in law).
Section 2.2. I have two doubts about the first sentence.
First: "all citizens". Surely the need to respect the rights guaranteed by the ECHR applies to everyone, including legal persons such as companies, not just citizens? Many of the sections in this article similarly refer to "all citizens", where the ECHR says "everyone" (although 2.20, 2.21, 2.22 and 2.24 are exceptions). The wording should be standardised throughout, to clarify that the rights cover everyone and not just citizens.
Section 2.2. Second: "are expected to uphold". "Uphold" seems an odd word to me; I would have thought "respect" would be better. And "expected" doesn't seem to express any obligation.
Section 2.2. is this necessary? If there are rigths and obligations contained in a consitition that's the law anyway and applies to every legal person to uphold.
Section 2.2. Section 2.2. All citizens are expected to uphold these rights, and has a duty, while exercising their own rights, to do so in a way that does not adversely or unreasonably affect the rights of others. There will be no interference by a public authority with the exercise of these rights, except in the interests of national security or public safety, unless permitted in law.
Section 2.2. "... and have a duty ..."
Section 2.2. These rights apply to everyone in Scotland and must be respected by everyone in Scotland, whether natural or legal persons or public authorities, subject only to the derogations and restrictions expressly permitted in the European Convention on Human Rights.
Right to trial by jury of one's peers
Section 2.2. Section 2.22. Any person charged with an offence has the right to be informed of the particulars of the alleged offence, to be tried by a jury or one's peers within a stated elapse of time and to be presumed innocent unless proven guilty.