Methodological challenges in developing an evidence base, and realising rights

This paper focuses on the methodological challenges for a small nation, with a view to reforming and realising human rights. The paper begins with a review of traditional measures that capture comparative data and the limitations of indicators generally and for capturing violations in Scotland: particularly those that are hidden (because they happen in private spaces or to those without power) need to be clearly understood to decide on what reform is required. This creates methodological challenges in collecting data, which is perhaps not understood within a human rights framework and so is not reported adequately. The paper will focus on Scotland's national action plans as vital for creating a space allowing for data collection and solution generation, shared by those who experience violations and those with the power to challenge. Diffusing responsibility for action to Rights Holders and Duty Bearers engaged in creating the space facilitates reform. This approach lends legitimacy to those who are violated, as they appear in spaces where their experiences are recognized within a human rights framework, while also exposing violations not captured by comparative indicators. It also highlights that a state must be committed to reform regardless of the methodology used if it is to realise rights.