Aberdeen Council warned that buffer zone breaches human rights

31 August 2022

Aberdeen City Council has been warned by a council report that a proposed buffer zone “could breach human rights”.

Aberdeen City Council last month passed a motion setting out plans for a buffer zone around abortion facilities in the city that would restrict pro-life activity and free speech.

The motion was introduced by the Scottish Labour Councillor Deena Tissera.

However, a report by council officers has warned that Councillor Tissera’s proposed by-law could be in breach of human rights, specifically the Human Rights Act 1998, which includes the rights to freedom of thought and freedom of expression, as well as conscience and religion.

While Aberdeen City Council may intrude on such rights, such a by-law can only legally be introduced if it is proportionate and if there is no other law available as a method of dispersal in instances of anti-social behaviour.

As the report stated:

“Given the legal implications mentioned above, a by-law may not be the appropriate route in order to address the issue of protest free buffer zones, if there are other potential legislative options to prevent or suppress any nuisance.”

SPUC comment

A SPUC spokesperson said: “The vast majority of pro-life activity around abortion facilities is peaceful and done with good intent: that is to say, to offer help to desperate mothers who often do not want to abort their baby. Such acts are motivated by love, save lives and cannot legally be considered a nuisance.

“Should, on the rarest of occasions, persons engage in anti-social behaviour, there are already existing laws allowing for authorities to deal with the situation, most obviously the Public Order Act 1986, as well as the Antisocial Behaviour etc. (Scotland) Act 2004.

“As the Human Rights Act 1998 makes clear, freedom of speech is a right, and any attempt by pro-abortion councillors to trample that right would be illegal. Should Aberdeen City Council try to define pro-life speech as anti-social behaviour, that would be a profoundly unethical and sinister development that would also undermine true human rights.

“This report must be heeded.”

First Minister Sturgeon mischaracterises pro-life vigils, says SPUC

Aberdeen Council warned that buffer zone breaches human rights

31 August 2022

Aberdeen City Council has been warned by a council report that a proposed buffer zone “could breach human rights”.

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