THE Scottish Government will “robustly oppose” the UK Government’s plans to scrap the Human Rights Act.

Tory plans to repeal the act and replace it with a UK Bill of Rights look likely to be set out in the first Queen’s Speech of this parliament on May 27.

A newspaper article from last year claiming Scots were “exempt from Tories’ Human Rights Act axe” was widely shared on social media on Sunday, after David Cameron appointed Michael Gove as his new Justice Secretary. However, human rights experts have warned Scots that they will not be protected from any change to human rights laws.

Dr Paul Arnell, reader in law at Robert Gordon University, said that the removal of act could lead to problems. “Yes, from a human rights perspective the Conservative Manifesto is somewhat alarming," he said. "It contains a commitment to dramatically alter the position of human rights in the UK, including changing the position of the European Court of Human Rights.

"In regard to Scotland, it is difficult to see how Scotland and Scots could exist in a different situation in relation to the European Court of Human Rights from the rest of the UK. This simply follows from the fact that the UK is the party to the treaty, and not Scotland. It does not appear feasible to provide for one part of the UK in one way, and in a different way for the rest. The UK is either bound by the treaty and system of petition to the court or not.”

The Human Rights Act aims to protect 15 basic rights and freedoms. These include the right to life, the right to privacy and a right to free speech. The rights are all based on articles of the European Convention on Human Rights (ECHR). It also forces all public bodies to uphold the rights.

The Tories believe that scrapping the act will end the formal link between British courts and the European Court of Human Rights, which in turn will stop Britain having to abide by the court’s rulings.

A spokesperson for the Scottish Government said: “Human rights are protected in Scotland by the ECHR and the Scotland Act 1998 – which requires all legislation passed by the Scottish Parliament to be compatible with the ECHR – as well as the UK Human Rights Act 1998.

“Through supporting the implementation of Scotland’s National Action Plan for Human Rights, the Scottish Government is active in continually and consistently applying these principles so that fundamental human rights are guaranteed for every member of Scottish society and promoted in our international action.”

“The Scottish Government will robustly oppose any attempt by the UK Government to repeal the Human Rights Act or to withdraw from the ECHR.

“Any erosion of current protections would threaten fundamental rights and freedoms to which everyone in a modern democratic society is entitled. Inevitably the most vulnerable in society would be hit the hardest.”

Professor Alan Miller, chairman of the Scottish Commission on Human Rights, said: “Changes to the UK’s human rights laws would have a direct impact on lives in Scotland, particularly in areas like immigration, defence and some aspects of welfare. Moreover, any regressive changes would send a damaging message across Europe and beyond.

"The Commission has long been clear that proposals to repeal the Human Rights Act should be resisted. The proposals that have been mooted to date for a replacement 'British Bill of Rights' would limit accountability for the exercise of power, undermine the principle of the rule of law, go against the spirit of democratic renewal and set a dangerous precedent to other states.

“The Human Rights Act and the European Convention on Human Rights benefit us all in ways we do not always realise. They provide a safety net that has been used to challenge the unfair impact of the 'bedroom tax', uphold the principle of human dignity in care services and protect children from assault.

"They enshrine internationally agreed standards that all governments should respect. The Human Rights Act provides a direct route to justice in domestic courts, rather than the European Court of Human Rights, for individuals whose human rights have been breached. This is one important element of making rights a reality in people’s lives.

“The Commission would welcome a progressive approach from government to building on the foundations offered by the Human Rights Act, for example by delivering Scotland’s National Action Plan for Human Rights .”

Later today, Aberdeen North MSP Mark McDonald is to ask the Government for more information on the impact that repealing the law would have during questions at Holyrood.