In search of the Human Right to social care
- Written by: Dr Donald Macaskill — Scottish Care — Chief Executive
- Published: 10th May 2023

The publication ‘The Opportunity is Now’ by the ALLIANCE is to be warmly welcomed.
Having been writing about the subject of human rights and social care for some time I believe we are at a critical juncture in Scotland as we consider the incorporation of international covenants into national law. This opportunity presents us with the prospect of being bold and ambitious and for me that simply means that we must create a distinctive human right to social care and support.
Why is that important?
It may seem self-evident and even simplistic to start with stating the distinctiveness of social care and support but having sat around so many political tables over the last winter and for much of the pandemic I think the whole system not least our political leadership needs a bit of a reminder of what social care support really is. The myopic focus and dependence upon the NHS has led many to assume that social care is but an adjunct of the NHS, a handmaiden, a rescuer, a reactive responder to continual NHS crises.
For instance, I do not think anyone can understand modern social care and support without also being aware of the civil rights context most especially of the disability rights movement in the 1960s onwards. Whenever I hear commentators say we should return to health running everything or turn everything over to the NHS I quake – for years people literally fought to get out of the clutches of the healthcare system, to escape a health oriented clinical model and approach to disability, lifelong conditions, and older age; to shut down the institutions and asylums, to move people out of geriatric wards and units.
Social care as a human right
I have asserted over the last few years that social care and support should be recognised and seen as a distinctive human right. In fact, the justification for such an assertion I have expressed at length in two papers and in numerous blogs.
My contention was that as Scotland moves to incorporate international treaties that there is a very real opportunity to broaden a right to health to make it more ‘holistic’ and to include social care. I argued that this right to social care should be framed as a right with the core elements of the ability of citizens to exercise choice and control, independence and autonomy at its heart.
That was then … NOW… I think I backed the wrong horse!
What the experience of the pandemic in particular has taught me, with its overt clinicalisation and control of the social care space and landscape, and what even the last few weeks and months have shown with the idolisation of the NHS, is that it is no longer good enough just to embed the right to social care, to independent living and social services within a broadened definition of health but that it should be distinctively defined and validated as a right in its own terms – put simply social care and support is NOT healthcare and should not be mistaken for it and direct association with or sublimation within the right to health has become counterproductive.
The distinctive rights of choice, control, voice, independent living, inclusion, and participation which are at the heart of a social dimension to care and support which is non-clinical and even non-therapeutic – mean social care should be seen as a human right in its own terms. There is a ‘social and communitarian’ essence which neds enshrined in the new Scottish Bill of Rights.
Social care and support is my right to flourish and thrive, to be independent, to have voice, choice and agency – this is not about attending to my health needs but meeting my social care and support outcomes.
It is time for the human right to social care.
Read ‘The Opportunity is Now‘ Report in full.
End of page.
End of page.
You may also like:
Cornell explores how we can build an environmental human rights-based culture
Continue readingLouise Coupland, Digital Health and Social Care Programme Manager shares her opinions on the national roll out of MyCare.scot.
Continue readingChris Mackie, Director of Digital, looks back at how ALISS has developed, grown, and innovated over time.
Continue readingCrohn’s and Colitis care in Scotland is at a pivotal moment. Urgent action is needed to tackle delays and poor access to vital services
Continue readingThe ALLIANCE’s Lewis Shaw reflects on the importance of rehabilitation support.
Continue readingIsabella Goldie of Deafblind Scotland reflects on the value of partnership work.
Continue readingFind out more about the inaugural Power of Attorney Day taking place on 22 April 2026.
Continue readingDr Hannah Tweed reflects on 20 years of the Scottish Sensory Hub, the important work they do and why it matters.
Continue readingAs part of our 20 year anniversary, Kerry shares her reflections on how far the ALLIANCE has come, our achievements, and our impact.
Continue readingIn her latest TFN column, our Chief Officer Sara Redmond reflects on 20 years since Scotland moved to put children at the centre of policy.
Continue readingCancer care in Scotland is at a critical moment. Macmillan is calling for urgent action ahead of the parliamentary elections in May
Continue readingMhairi Campbell reflects on Premenstrual Dysphoric Disorder (PMDD) not being recognised as having a severe impact on life.
Continue readingLucy Mulvagh shares how she used the Centre for Public Policy Practice Fellowship to examine prevention and its barriers to implementation
Continue readingLaura from Perth and Kinross HSCP shares how we can celebrate World Social Work Day through the lens of 'What Matters To You?'.
Continue readingReflections on the Children (Withdrawal from Religious Education) Bill
Continue readingLouise Hall from Pain Association Scotland reflects on the event she delivered as part of Self Management Week 2025.
Continue readingAct Now for Autistic Rights calls for a transformative Bill for autistic and neurodiverse communities
Continue readingIn the next decade, the role of digital in health and social care must embed our digital human rights principles to reduce inequalities.
Continue readingRead some reflections from ALLIANCE colleagues, who had the opportunity to sponsor and attend Scotland's Annual Human Rights Conference.
Continue reading“Our Collective Voice” is a hopeful vision for the next five years, and I encourage ALLIANCE members to bring it into their own campaigns.
Continue readingBy standing together, we can help ensure that everyone in Scotland has access to the compassionate, high quality palliative care.
Continue readingALLIANCE Scottish Sensory Hub Manager Dr Hannah Tweed reflects on the launch of the BSL network for public bodies.
Continue readingSimone Janse van Rensburg reflects on the impact of their Women Living Well event which featured as part of Self Management Week 2025.
Continue readingThe ALLIANCE’s Women’s Health Lived Experience Group reflect on their input to Phase 2 of the Scottish Government’s Women’s Health Plan.
Continue readingWellbeing Scotland’s Chief Clinical Officer Ashleigh Ronald highlights why we must shift stigmatising narratives around child abuse.
Continue reading