A new report from Scotland’s Human Rights Commission has found that individuals with learning disabilities and autism are still being kept in institutions in breach of their fundamental rights. The findings highlight direct violations of international human rights conventions and a lack of progress in government commitments to ensure independent living.
Despite Scotland’s Coming Home Implementation Plan, which aimed to move people out of hospitals by March 2024, the review found that little has been done to improve access to community-based care. The commission is now calling for urgent action to prevent further rights breaches.
People With Disabilities Still Institutionalised Despite Government Pledges
Despite formal pledges to offer community-based care, the most recent study by the Scottish Human Rights Commission (SHRC) presents a concerning image of the ongoing institutionalization of individuals with autism and other impairments. The Scottish Government’s 2022 Coming Home Implementation Plan, which included a plan to cut down on delayed discharges and guarantee that people with complex needs receive care closer to home, was evaluated in this study.
The commission’s conclusions, however, show that these pledges have not resulted in significant advancements. There is frequently no obvious road to independent living, and many people are left confined to hospitals or put distant from their families. Article 19 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which protects the right to live freely and be a part of society, is directly violated, the commission claims.
According to Professor Angela O’Hagan, chairwoman of the SHRC, the situation remains deeply concerning. “Every person has the right to live independently, but for some people with learning disabilities and autistic people in Scotland, the choices that allow them to live in their community are not available,” she stated.
The commission also raised concerns that the ongoing institutionalisation of disabled individuals could breach the European Convention on Human Rights (ECHR), which is enshrined in the Human Rights Act 1998. These failures, they argue, demand immediate government intervention.
Government Inaction and Ongoing Human Rights Concerns
The SHRC’s report underscores the lack of tangible government action in implementing the Coming Home strategy. While policymakers have repeatedly acknowledged the need to shift away from hospital-based care, the slow pace of change has left many vulnerable individuals without appropriate support.
Professor O’Hagan noted that the commission had examined and measured the government’s actions through the lens of human rights standards, concluding that failures to uphold these obligations persist. “It is troubling to find such little progress has been made and that clear failures to uphold human rights continue,” she said.
The report includes a toolkit designed to help human rights defenders and families advocate for change, alongside a short film detailing the personal experiences of those affected. The commission has pledged to continue monitoring the situation and push for improvements through its limited legal powers.
The Scottish Government has not yet addressed the report’s conclusions at the time of release. But now, activists and advocacy organizations are demanding immediate action to stop additional abuses of human rights and guarantee that disabled people get the respect and care to which they are legally entitled under international law.
