(e) the Scottish social security system is to
contribute to reducing poverty in Scotland,
(f) the Scottish social security system is to be
designed with the people of Scotland on the
basis of evidence,
(g) opportunities are to be sought to continuously
improve the Scottish social security system in
ways which –
(i) put the needs of those who require
assistance first, and
(ii) advance equality and non-discrimination,
(h) the Scottish social security system is to be
efficient and deliver value for money.
The Act requires the Scottish Government to adopt
a Scottish Social Security Charter which reflects
the eight principles. The Charter explains what
the principles mean in practice. It was written by
people with lived experience of social security, their
organisations, and Social Security Scotland staff.69
The Act establishes an independent Scottish
Commission on Social Security, which reports
regularly to the Scottish Parliament about how the
Scottish Government is complying with the Charter.
We include this case study because it explicitly
uses the right to social security, and other values,
to refresh Scotland’s social security system. The
statutory principles, which include the right to
social security, establish the foundational values
of the new system. The principles are elaborated
in a Charter, and an independent non-judicial
body holds the Government accountable to the
Charter through the Scottish Parliament. An
analogous arrangement could be used in relation
to Aotearoa’s housing system, the right to a decent
home, and Te Tiriti o Waitangi.
36
Human Rights Commission
Housing
In March this year, the Scottish Government
published Housing to 2040.70 Scotland’s social
security reforms are a few years ahead of Housing
to 2040, nonetheless some of its elements are
already instructive. For example:
• The right to an adequate home is an integral
part of the housing reforms, for example, a
significant part of the strategy is headed “The
right to an adequate home and delivering
equality”.71
• “Starting this year we will carry out a
comprehensive audit of our current housing
and homelessness legislation to understand
what more is necessary to ensure people can
realise their right to an adequate home.”72
• Develop with the UK government a “New
Homes Ombudsman scheme to raise the
standard of conduct of developers and the
quality of new build homes.”73
• Establish a Tenant Participation Panel for the
private rented sector, and a national network
of social rented tenants for the social rented
sector.74
New Zealand – the Government’s
response to energy hardship (2021)
In 2018, the Government established an
independent panel to advise how the electricity
market can deliver efficient, fair, and equitable
prices. Important features of the panel’s final
report include attention to poverty, energy
hardship and energy equity.75 This year, the
government is implementing the panel’s
recommendations, which include establishing:
• Consumer Advocacy Council to be an
independent advocate for residential and
business electricity consumers and provide
evidence-based contributions in decisionmaking processes,