Human rights

Supported decision-making maximises an individual’s ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them. This guidance is aimed at those working with people who may have difficulty making decisions - this could be due to mental illness, dementia, a learning disability, or another condition. The guidance sets out how people can be supported to ensure that decisions made by or about them genuinely reflect their choices.

The Equality Act 2010 came into force on 1 October 2010. It sets out the personal characteristics that are protected by the law and the behaviour that is unlawful. It works with the Adult Support and Protection (Scotland) Act 2007 to ensure that any public body or office holder performing a function under the Act must have regard to the adult's abilities, background and characteristics.

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948.

Human rights requirements lie behind Adult Support and Protection legislation and policy in Scotland. The European Convention on Human Rights sets out each Article in full.

These Health and Social Care Standards set out what everyone should expect when using health, social care or social work services in Scotland. They seek to provide better outcomes for everyone; to ensure that individuals are treated with respect and dignity, and that the basic human rights we are all entitled to are upheld.

The headline outcomes are:

1: I experience high quality care and support that is right for me.

2: I am fully involved in all decisions about my care and support.

3: I have confidence in the people who support and care for me.

This report explores the embedding of human rights within the social care sectors. In particular, it considers the concept of 'the right to health'. Based on this, the report argues for the rights to 'social care' and 'long-term care' as a human right. Practical applications of these human rights, for instance in self-directed support, decision-making, and workforce issues are discussed.

This presentation was delivered in April 2024 to a joint Child Protection / Adult Support and Protection meeting. It explains the significant case review / learning review of Margaret Fleming, who was murdered late 1999/early 2000. The review sought to learn from Margaret's life and explicitly adopts a human rights and trauma-informed approach. The learning disability community were included within the review.