Human rights body calls for immediate return of social care support

Judith Robertson

The new monitoring report details how the removal of care plans during the pandemic has “had a direct and detrimental effect on people’s rights”, including potential unlawful interferences and non-compliance with rights contained in the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities.

The commission has called for the Scottish government and the Convention of Scottish Local Authorities (COSLA) to jointly commit to the return of care and support at pre-pandemic levels, as a minimum.

It also called for better data collection mechanisms to be established by the Scottish government, and for public authorities to use human rights as a tool to inform future decisions about people’s care and support. Furthermore, it repeated its previous calls for the Convention on the Rights of Persons with Disabilities to be incorporated directly into Scots law, as a key way to strengthen protection for those rights.

Judith Robertson, chair of the commission, said: “Social care is an essential investment in realising people’s rights, particularly those of us who are disabled, older or provide unpaid care. Delivered properly, social care should enable people to access their rights to family life, health, education, employment and independent living in the community, among others.

“That’s why the commission is deeply concerned about the reduction and withdrawal of social care support to people during Covid-19, and the impact this is having on their rights.

“The commission recommends that the Scottish Government and the Convention of Scottish Local Authorities (COSLA) should jointly commit to the return of care and support at pre-pandemic levels, as a minimum.

“Looking ahead, human rights can and should be used by public authorities as a tool to strengthen how decisions are made about social care. This would ensure stronger protections and respect for people’s rights as we all continue to navigate our way through Covid-19.

“Ultimately the commission wants to see a social care system, based on human rights, capable of delivering the outcomes which are enshrined in the UN Convention on the Rights of Persons with Disabilities.”