Theme 1: Dignity and care

While human dignity is an underlying principle relevant across all rights and all spheres of life, the theme of Dignity and care is used here to refer to a range of issues and the report provides an overview of what appear to be some key human rights gaps and good practices under the headings of:

Quality of care

A great deal of attention was paid in the research reviewed to the quality of care services in Scotland, especially those aimed at children and young people, older people, and people with disabilities. There are a wide range of human rights that are potentially affected by the delivery of care services, such as the right to life and the right to freedom from torture, inhuman or degrading treatment or punishment and the right to respect for private and family life. Article 8 of the ECHR is most relevant here. Other issues identified include: funding and the extent of "free" personal care; the integration of a human rights based approach into the procurement of care services. The benefits of a human rights based approach identified from the Care about Rights project developed by SHRC in partnership with a range of other organisations are also presented.

Independent living

The right to live independently as part of a community is guaranteed in Article 19 of the UN Disability Convention. It focuses on the choice of a disabled person of where and with whom to live, and being able to live in a community in a manner that supports and fosters inclusion and participation. The "co-production" approach to independent living and de-institutionalisation were identified as positive steps. However there were concerns regarding portability of care. The moves towards Self-Directed Support and personalisation were highlighted as opportunities for further integration of a human rights based approach. Access to services by disabled people is also considered.

Self-determination

Self-determination, autonomy and participation are central principles in human rights law. Issues which arose from the scoping project included legal capacity, the use of guardianships and end of life decisions.

Carers’ rights

The report highlights increasing recognition of the connection between the impact of unpaid caring responsibilities and human rights, including the right to an adequate standard of living, the right to work and the right to respect for private and family life.