A GROUP of leading human rights charities have said Scotland’s official Covid-19 inquiry risks being “surprisingly and disappointingly narrow” after the Government "ignored" their concerns.
In a letter to Covid Recovery Secretary John Swinney, the group of 27 charities raises “deep concerns” about the Scottish Government’s Terms of Reference (TOR) for the public inquiry.
The TOR, published on December 14, outline the scope of the Covid-19 inquiry. This encompasses 12 points including the delivery of education, the delivery of end of life care and the use of do not resuscitate orders, PPE distribution and supply, testing, vaccination, shielding, and the decisions taken to lockdown or apply other restrictions.
Missing from the TOR, the groups say, is any mention of equality or the human rights impacts stemming from the pandemic.
READ MORE: Are human rights safe in Scotland if the UK Government plots to 'overhaul' them?
Signatories include representatives for Engender - which co-ordinates the letter - Amnesty International, The Poverty Alliance, The Coalition for Racial Equality and Rights, and other leading charities.
They write: “We note the complete omission of women, Black and minority ethnic communities, disabled people, LGBT+ People, older people, young people, [and] persons subject to No Recourse to Public Funds, and other groups who - as it has been widely recognised - have experienced particularly disproportionate impacts of the pandemic because of the structural inequalities that remain pervasive in Scotland.”
The groups also raised concerns with a statement made by Swinney on December 14 about the Covid-19 inquiry.
The Deputy First Minister (above) told Parliament that the Government had “taken care to listen to equality and human rights groups” when deciding on the scope of the Covid inquiry.
However, in their letter, the 27 human rights groups cast doubt on this claim, saying that it does not “reflect the content” of the published TOR.
It states: “Many of our organisations engaged on multiple occasions with officials responsible for drafting the TOR, outlining at length the vital importance of embedding equality and human rights in both written and oral evidence.
“For this to have been omitted in the published documents signals that the expertise and lived experience of the very worst impacts of the pandemic have not been listened to at the early, and very crucial stage in the process.”
Engender's Eilidh Dickson said it seemed that the Scottish Government had "ignored" previous contributions. "[That] presents real concerns about the success of the inquiry if it is falling at this first hurdle," she added.
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It closes: “We urgently ask the Scottish Government to set out how it will correct this omission and ensure that the inquiry adopts an intersectional gender, equalities and human rights lens in order to understand and prevent future impacts for groups whose rights are most undermined.”
The inquiry will be chaired by Lady Poole QC, senator of the College of Justice of Scotland. A copy of the letter has also been sent to her, as well as the Scottish Parliament’s Equality, Human Rights and Civil Justice Committee, and its Covid-19 Recovery Committee.
Investigations will cover the period from January 1, 2020 and December 31, 2022.
The Scottish Government also in December when publishing its TOR: “The inquiry will, as the chair deems appropriate and necessary, consider the impacts of the strategic elements of handling of the pandemic on the exercise of Convention rights (as defined in Section 1 of the Human Rights Act 1998).”
A Scottish Government spokesperson said: “Input from bereaved families and others affected by the pandemic on what they wish the inquiry to focus on has been key to developing the terms of reference.
“The inquiry will, as the chair deems appropriate and necessary, consider the impacts of the strategic elements of handling of the pandemic on human rights, including equalities issues.
“Our intention in designing terms of reference is that no group should be excluded. The terms of reference do not specify any groups or characteristics, which means that all groups can be considered in scope by the chair.
“As the Deputy First Minister confirmed to Parliament, during this initial period Lady Poole will make the necessary preparations on operational matters, including the appointment of the inquiry’s key staff. The inquiry will make further announcements about its approach and progress as the Chair sees fit.
“The Scottish Government has been conscious throughout the pandemic that it has had disproportionate impacts on different groups and that this may have further deepened inequalities in Scotland.”
The signatories to the letter are: Sara Redmond, Chief Officer – Development, Health and Social Care Alliance; Mariam Ahmed, Chief Executive Officer, Amina the Muslim Women's Resource Centre; Naomi McAuliffe, Scotland Programme Director, Amnesty International; Danny Boyle, Senior Parliamentary and Policy Officer, BEMIS; Linda Thompson, National Coordinator, Encompass Network; Fiona Collie, Policy & Public Affairs Manager, Carers Scotland; Anna Ritchie Allan, Executive Director, Close the Gap; Jatin Haria, Executive Director, Coalition for Racial Equality and Rights; Eilidh Dickson and Jill Wood, Interim Leadership Team, Engender; Shivali Fifield, Chief Officer, Environmental Rights Centre for Scotland; Dr Rebecca Crowther, Policy Coordinator, Equality Network; Lesley Laird, Director, Equate Scotland; Tressa Burke, Chief Executive Officer, Glasgow Disability Alliance; Mhairi Snowden, Director, Human Rights Consortium; Moira Tasker, Chief Executive, Inclusion Scotland; Dr Mhairi Crawford, Chief Executive, LGBT Youth Scotland; Satwat Rehman, Director, One Parent Families Scotland; Peter Kelly,Director, the Poverty Alliance; Sandy Brindley, Chief Executive, Rape Crisis Scotland; Rhona Willder, Development Manager, Scottish Independent Advocacy Alliance; Dr Marsha Scott, Chief Executive, Scottish Women’s Aid; Agnes Tolmie, Chair, The Scottish Women’s Convention; Anna Fowlie, Chief Executive, SCVO; Katy Mathieson, Co-Ordinator, Scottish Women’s Rights Centre; Megan Snedden, Policy & Campaigns Manager, Stonewall Scotland; Jan Macleod, Manager, Women’s Support Project; Rachel Adamson and Laura Tomson, Co-Directors, Zero Tolerance.
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