The Scottish Government is being urged to investigate whether the human rights of people in care homes were breached in the handling of the covid-19 outbreak.

In a new briefing, the Scottish Human Rights Commission says there are questions over whether the government’s approach was “sufficient and appropriate”.

The watchdog has previously flagged “serious human rights concerns” that could contravene the European Convention on Human Rights and the right to life.

Nicola Sturgeon promised in May that a public inquiry would look into “every aspect” of the virus response, including the situation in care homes.

Scottish Human Rights Commission chair Judith Robertson said the outbreak had affected residents and staff in care homes “significantly”.

The watchdog says potential breaches of international human rights law could include the right to life, freedom from degrading treatment and freedom from discrimination all need to be examined.

Areas of concern include whether care home residents received equal access to hospital treatment, amid reports older people were being pressured to sign do not resuscitate forms.

Issues also extend to the adequacy of PPE and testing for staff as well as people living in care homes.

“The Commission welcomes the First Minister’s commitment to holding a public inquiry into the handling of the pandemic, including what has happened in care homes,” Ms Robertson said.  

“We would now like to see the Scottish Government further commit to taking a human rights-based approach to any public inquiry, which specifically gives consideration as to whether human rights standards and principles have been met.”

More than half of the 4,187 deaths in Scotland linked to covid-19 happened in residential care institutions, according to statistics from the National Records of Scotland.

Last month Kathryn Lindsay, the head of the social workers’ leadership body for Scotland, told healthandcare.scot warned that the stringent measures to protect at-risk residents risked “causing harm”.

Ms Lindsay said a “more open conversation” was needed about the different risks and unintended consequences of the virus response.

Sign up to our bulletin sent twice a week so you don’t miss out on the latest jobs and health and social care news.