Scottish Care is calling on the Scottish Goverrnment to legislate for a human rights approach to social care.
In a new paper, The human right to social care: a potential for Scotland, the provider representative describes social care as “a human right that enables, facilitates and empowers the realisation of our human rights as a whole”. Enshrining this principal in law would introduce a requirement to address areas where the right to social care was being prevented or challenged by existing practice and would offer the potential of legal redress.
The paper looks at the potential impact of human rights on several elements of social care and encourages law-makers to consider social care as inherent to the achievement and realisation of all other human rights, and to the achievement of health and wellbeing. Elements explored in more details include:
- Palliative care
- Service design and use of technology
- Budget and finance, in particular, the inadequacy of resource to meet the rights of individuals.
In June 2019 the Scottish Government established a task force on human rights in the aim of incorporating the United Nations Convention on Economic, Social and Cultural Rights (ESCR) into Scottish law.