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SPICe briefings Date published: 30 September 2025

The Assisted Dying for Terminally Ill Adults (Scotland) Bill and the European Convention on Human Rights - Assisted dying and Convention rights

This discretion is often referred to as a wide “margin of appreciation”. In the case of Karsai v. Hungary (No. 32312/23, 13 June 2024), the European Court of Human Rights considered whether Hungary's blanket ban on assisted dying breached the ECHR.
Committee reports Date published: 9 September 2024

Post-legislative scrutiny of the Social Care (Self-directed Support) (Scotland) Act 2013: Phase 2 - Public Bodies (Joint Working) (Scotland) Act 2014

The Act sets out integration planning principles which stipulate that services should be provided in a way which: (i) is integrated from the point of view of service-users, (ii) takes account of the particular needs of different service-users, (iii) takes account of the particular needs of service-users in different parts of the area in which the service is being provided, (iv) takes account of the particular characteristics and circumstances of different service-users, (v...
SPICe briefings Date published: 31 January 2024

Abortion Services (Safe Access Zones) (Scotland) Bill - Article 11: freedom of assembly and association

As with Article 10, Article 11 protects assemblies which promote views which are annoying or offensive to others (but not to the extent that they prevent other people from exercising their rights under the Convention). In the case of Faber v Hungary (App no. 40721/08, ECtHR 24 Jul 2012), Mr Faber received a fine for displaying a flag with fascist connotatio...
Committee reports Date published: 26 June 2023

A Modern and Sustainable Ferry Service for Scotland - Annexe L - Teckal Exemption

Annexe L - Teckal Exemption Case C-107/98 Teckal Srl v Comune di Viano and Azienda Gas-Acqua Consorziale (AGAC) di Reggio Emilia Summary of the Judgement 1.
Committee reports Date published: 10 January 2022

Judged on progress: The need for urgent delivery on Scottish justice sector reforms - Conclusions and Recommendations

Recommendation: The Committee recommends that the Scottish Government undertakes a review of the relevant provisions in Part V of the Criminal Procedure (Scotland) Act 1995 with regard to a court’s powers to place a child in secure accommodation where appropriate.
Committee reports Date published: 1 May 2020

Stage 1 Report on the Children (Scotland) Bill - What the Bill does

In 2017, the Court of Session said: The time taken to resolve disputes about contact should be measured not in years but in weeks or, at most, months. SM v CM, 2017Section 21 of the Bill says that, when considering a child's welfare, the court is to "have regard to" any risk of prejudice to the child's welfare that delay in proceedings would pose.
SPICe briefings Date published: 12 September 2018

Post-Brexit plans for agriculture - Current UK Common Agricultural Policy funding

., Elliott, J., Moxey, A., & Zahrnt, V. (2010, December). Alternative Allocation Keys for EU CAP Funding.
SPICe briefings Date published: 31 August 2017

Social Security (Scotland) Bill - Time limit to request a re-determination

In this different statutory context, a recent Upper Tribunal decision has also held that a refusal to consider an MR request made outside the normal time limit gives rise to a right of appeal, if made within a year of the decision.3R(CJ) and SG v SSWP (ESA) [2017] UKUT 0324 (AAC). (2017).
Questions and Answers Date answered: 17 September 2025

S6W-40064

To ask the Scottish Government what support is available to any school pupils who risk having their transgender status outed against their will in the event of them receiving guidance to use gender neutral toilets and changing rooms, following the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers. The Scottish Government recognises th...
Questions and Answers Date answered: 8 September 2025

S6W-40117

To ask the Scottish Government what information it has on how many orders for witness anonymity under common law and section 11 of the Contempt of Court Act 1981, similar to those imposed by Lady Dorrian in the case HMA v Alexander Elliot Anderson Salmond, have been imposed in each year since 2015; in which cases they were imposed; whether it will provide ...

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