Not only is ‘the opportunity now’, the time for action is now

• Written by: Charlie McMillan — Scottish Commission for Learning Disability (SCLD) — Chief Executive
• Published: 17th April 2023

For people with learning disabilities, increasing ownership of the human rights agenda by the health and social care sector is critical.

Having spent most of my career in the development and delivery of social work and social care in Scotland, I know the massive contribution the sector brings to respecting, protecting and fulfilling people’s human rights in Scotland. However, I also hear an ongoing reluctance on the part of many organisations and individuals to own their contribution to this with pride. Somehow, the human rights agenda has become isolated and remote from the work done to support the most marginalised people. 

It is therefore really encouraging to see the publication of ‘The Opportunity is Now’ which aims to dispel this myth and value the ongoing contribution of the health and social care sector, while identifying how it can best contribute to the progressive realisation of people’s human rights. SCLD welcome and support the recommendations made in the report. Not only is ‘the opportunity now’, the time for action is now! 

For people with learning disabilities, increasing ownership of the human rights agenda by the health and social care sector is critically important as their human rights continue to be at significant risk, which all too often results in a life life-limiting lack of opportunities for people. That’s why human rights incorporation in Scotland must take a ‘maximalist approach’ as recommended in the report.

However, SCLD would go further and argue that human rights incorporation needs to be about more than just economic, social and cultural rights, which has to date been the focus of the new Human Rights Bill for Scotland. The human rights violations experienced by people with learning disabilities relate to many different issues including detention in hospital, access to justice for women and girls who have experienced gender-based violence, being subject to hate crime and access to education, health and housing. The individual impact of these violations relates directly to devolved policy areas and are the areas of life so many Scottish health and social care organisations are supporting people with learning disabilities to address on a day and daily basis.

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) clearly details all of these human rights. A ‘maximalist’ incorporation agenda must do all that is possible to ensure the human rights included within the UNCRPD that can be legislated for within devolved competency are included in the Scottish Human Rights Bill. Central to this approach must be Article 12 (equal recognition before the law), Article 13 (access to justice), Article 19 (living independently and being included in the community) and Article 31 (statistics and data collection).

We must also recognise that people with learning disabilities, and disabled people more generally, do not exist only within the confines of health and social care. Like everyone, their lives are vast and complex and while health and social care is one way in which human rights can be realised, it is only part of a much larger picture.

However, ‘The Opportunity is Now’ makes it clear that the health and social care sector is a natural ally for people with learning disabilities in ensuring their human rights are respected, protected and fulfilled. The report provides an excellent starting point in developing this allyship and SCLD is committed to continuing to strive to ensure its recommendations are achieved, including the incorporation of the UNCRPD.

Read ‘The Opportunity is Now‘ report in full.

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