Social Care

There are many examples where human rights have been considered in health and social care. The Dementia Strategy is one example, and there are other examples of good practice across many services. This approach aims to put individuals at the centre of all decision making, to make sure the care and support they need at every stage is indeed integrated. The move towards self-directed social care support is an intended example of such person-centred empowerment.

However, there are also many examples where the provision of health and social care is not embedded in the day to day experience of people receiving care, or the people delivering care. There are still some big gaps when it comes to respecting and protecting people's rights in social care settings. For example,

• Geographical variations in how much individuals have to pay for care
• Whether individuals can move between areas and retain their care package
• The impact of austerity measures on social care provision 

The Commission is committed to working with others to ensure that delivery of our health and social care system is based on rights. We want all care services – across the public, private and third sector – to respect all rights, including the right to the highest attainable standard of physical and mental health. We want to see that approach taken in hospitals, healthcare settings and in the community.

Our Strategic Plan for 2016–2020 commits the Commission to continuing to work with public bodies including NHS Health Scotland, the Mental Welfare Commission and Healthcare Improvement Scotland to promote human rights in the way healthcare strategy and policy is developed, designed and delivered. We will continue to play an active role in the Health and Social Care Action Group, convened through SNAP – Scotland’s National Action Plan for Human Rights.

The Commission will act as a reference point for the development of revised National Care Standards. We will also sit on the Project Board for this work to ensure that human rights are at the heart of the new standards.

Embedding human rights in regulation, inspection and monitoring frameworks can contribute to a culture which realises human rights in practice.

In 2014, the Scottish Government began a review of the National Care Standards for the first time since 2002.  The National Care Standards describe what people using a range of care services in Scotland can expect.

Some 23 sets of current standards cover a wide range of care settings including childminders and nurseries, care homes, housing support, services for people in criminal justice supported accommodation and independent hospitals. The standards are written from the point of view of people who use services. They are one way that the Care Inspectorate and Health Improvement Scotland assess the quality of care.

The Scottish Government's review of the National Care Standards recognised the importance of human rights to ensuring universal high quality care, regardless of how that care was being delivered.

The Commission wants to see this policy goal turned into practice. We believe this should happen by developing robust human rights based standards and through clear communication of the shift in practice which will be required. The Commission acts as a reference point for the development of the revised National Care Standards. We will also sit on the Project Board for this work.