The Scottish Human Rights Commission is writing to Scotland’s acting chief medical officer seeking a series of changes to the current covid-19 clinical guidance which it says may lead to discrimination against people in certain groups when they fall ill.

Following a detailed review of the advice issued to the NHS, the Commission says it is “extremely concerned” the list of factors doctors are asked to consider, including age and whether someone is a nursing home resident, could lead to “blanket application of decisions towards certain groups and may be discriminatory”.

The document adds “at the very least, it may give this impression to those within those groups.”

The Commission says it accepts that the document Covid 19 Guidance: Clinical Advice published on 3rd April was drawn together rapidly and continues to evolve.

Following concerns raised by disabled people, older people and the organisations representing them that the guidance might receive a reduced level of care and potentially decisions not to treat, the Commission calls for the document to be amended to include explicit reference to people’s human rights as set out under the European Convention on Human Rights and the UN Convention on the Rights of People with Disabilities.

The letter suggests that the guidance must be written to be explicit about what is not permitted under human rights laws, such as having blanket policies on treatment, basing decisions on age, mental or physical disability, and making assumptions about a patient’s quality of life.

The Commission says organisations representing disabled people need to work alongside the Scottish Government and clinicians to amend the guidance.

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