Care Homes And Human Rights During Covid-19

20th July 2020

The Scottish Human Rights Commission has published a new briefing on care homes and human rights during COVID-19. The briefing sets out the human rights framework as it applies to the issues that have arisen in care homes, and details the requirements of human rights law to ensure effective investigations are carried out by the state.

Read the full briefing here

Judith Robertson, Chair of the Commission, said:"It is now well documented that the coronavirus outbreak has significantly impacted the residents and staff of Scotland's care homes. The Commission welcomes the First Minister's commitment to holding a public inquiry into the handling of the pandemic, including what has happened in care homes.

"We would now like to see the Scottish Government further commit to taking a human rights based approach to any public inquiry, which specifically gives consideration as to whether human rights standards and principles have been met. Our briefing provides more detail on how this can be achieved in practice."

Scottish Labour today (Monday 20 July 2020) has welcomed the Scottish Human Rights Commission (SHRC) publication calling on any inquiry into the treatment of care home residents in Scotland during the pandemic to take a human rights based approach.

Last month Scottish Labour leader Richard Leonard wrote to the SHRC raising concerns that Scottish Government guidance to deny care home residents access to hospital treatment amounted to a breach of residents' human rights. In their reply, the Commission acknowledged that this required investigation.

And now the briefing published by the SHRC has concluded that serious questions need to be answered over the possibility of the following human rights being infringed:

Article 2 ECHR- The Right to Life

Article 3 ECHR- Freedom from torture or inhuman or degrading treatment or punishment.

Article 8- Right to respect for private and family life, home and correspondence.

Article 14 ECHR- Freedom from discrimination in respect of protected convention rights.



Commenting, Scottish Labour leader Richard Leonard said: "What has happened in Scotland's care homes during this pandemic has been scandalous. And Scottish Government guidance on access to treatment, on early hospital discharge, and on ‘Do Not Resuscitate’ notices is at the centre of that scandal. Our most vulnerable and susceptible citizens, their families and care home workers have been badly let down.

“I am in full agreement with the SHRC that any inquiry into the situation in Scotland’s care homes must take a human rights based approach.

“It is all too clear that the fragmented nature of the care system and bad Scottish Government guidance during this crisis has put lives at risk and threatened the rights of so many.

“It is vital that we learn the lessons of the current wave of this pandemic in case there is a second wave. That’s why we must have an urgent, serious and thorough inquiry into what has happened in Scotland’s care homes. It’s also why Scottish Labour believes that the time has come for the creation of a National Care Service to work in the interests of residents, families and the dedicated workforce."