A hearing before Lady Carmichael in the Court of Session on Thursday 19 November 2020 saw all parties agree to dismiss the Judicial Review on the basis that NHSGGC has ended their practice of transferring adults with incapacity into two registered care homes without consent or authority, pending the appointment of a guardian. All of the patients have been lawfully discharged. HC One Oval Ltd has similarly committed not to receive any more patients in this way. NHSGGC has been working constructively with EHRC and MWC since January to improve their practices going forward.
The Equality and Human Rights Commission is the national equality body for Scotland, England and Wales. We work to eliminate discrimination and promote equality across the nine protected grounds set out in the Equality Act 2010:
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- religion or belief
- sex, and;
- sexual orientation
We are an “A Status” National Human Rights Institution (NHRI) and share our mandate to promote and protect human rights in Scotland with the Scottish Human Rights Commission (SHRC).
The Convention on the Rights of Persons with Disabilities (UNCRPD)
The UK signed the UNCRPD in 2009. The Convention exists to protect and promote the human rights of disabled people and covers a wide range of areas including:
- Access to justice
- Personal security
- Independent living
- Access to information
You can read the full text of the Convention on the UN website.
The European Convention on Human Rights (ECHR)
The European Convention on Human Rights (ECHR) protects the human rights of people in countries that belong to the Council of Europe. All 47 Member States of the Council, including the UK, have signed the Convention. The Convention consists of numbered ‘articles’ protecting basic human rights. The UK made these rights part of its domestic law through the Human Rights Act 1998.
You can read the full text of the Convention on the European Court of Human Rights website.
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