Scots with Learning Disabilities Held in Institutions: Human Rights Breach
A recent report from Scotland’s human rights watchdog has shed light on a troubling issue: people with learning disabilities and autism are still being held in institutions, a practice that violates their rights. The Scottish Human Rights Commission conducted a review and found that the Scottish Government has made minimal progress in its efforts to reduce delayed discharge and provide care closer to home for individuals with disabilities and complex needs.
The commission’s review focused on the Scottish Government’s Coming Home Implementation plan, which was unveiled in 2022. This plan aimed to transition individuals out of hospitals and into independent living by March 2024, while also striving to prevent unnecessary admissions for reasons other than medical necessity. However, the commission discovered evidence of “direct violations” of Article 19 of the United Nations Convention on the Rights of Persons with Disabilities during their examination.
Furthermore, the commission expressed concerns about potential breaches of the European Convention on Human Rights obligations outlined in the Human Rights Act 1998. Professor Angela O’Hagan, chairwoman of the commission, emphasized the fundamental right of every individual to live independently. She highlighted the lack of available choices for individuals with learning disabilities and autism in Scotland, who may be relocated far from home to receive support or be admitted to hospitals for extended periods.
O’Hagan underscored the importance of upholding human rights standards and noted the lack of significant progress in implementing the Coming Home plan. She emphasized the urgent need to address these failures to ensure the right to independent living, as outlined in Article 19 of the UN Convention, is respected. The commission is committed to monitoring the situation and advocating for immediate action to prevent further violations of human rights.
Incorporating the perspectives of individuals with direct experience, the commission’s findings have been instrumental in shaping their approach. A short film and toolkit have been developed to empower advocates for change, encouraging them to challenge inadequate progress where necessary. O’Hagan urged all human rights defenders to leverage the report’s findings and framework to push for meaningful change in support of individuals with learning disabilities and autism.
As the report gains attention, the Scottish Government has been called upon to address these concerns and provide a response to the commission’s findings. The spotlight is now on policymakers and public authorities to take decisive action to uphold the rights of individuals with disabilities and ensure their access to independent living options.
