Are we upholding the human rights of older Scots?

It’s been an interesting week where the answer to that question might be both a yes and also a no. Indeed, in the opinion of the Sacha Deshmukh, the chief executive of Amnesty International UK, Scotland has moved into the ‘slow lane’ in terms of human rights advocacy and advancement.

Quoted in The National ahead of a meeting with First Minister John Swinney on Tuesday, Deshmukh said that:

“I’ve got a big concern that Scotland is in danger of moving from the fast lane to the slow lane on human rights…

“I’m not sure whether that is an intentional choice or it’s the result of a series of different choices. But it’s definitely a concern at the moment and obviously one that I think would be really bad.”

He was commenting following the decision of the current administration not to bring forward a Human Rights Bill in the current term of the Scottish Parliament. It was wholly absent from the Programme for Government.

I’ve written on a number of occasions about how that Bill and the proposals to incorporate into Scottish law various conventions especially the International Covenant on Economic, Social and Cultural Rights (ICESCR) gave those concerned about social care and older persons’ human rights a very real opportunity of moving forward both legally and practically. But it would appear that the current administration has found such a Bill to be a distraction or at best not to be a priority.

The Scottish Government has challenged this critique arguing that it wants to continue work on the Bill including more consultation and to ensure that any proposals especially those that might affect reserved matters are properly worked through with the new UK Government. All very reasonable but personally I don’t think such work means you cannot at the same time bring a Bill forward – that is not if you thought it important!

In a week when we’ve celebrated the UN International Day of Older Persons, it’s made me reflect on just how much we have or have not protected the human rights of older persons in Scotland

So, on the positive side of the scales let me start by acknowledging the positive steps we’ve made. In recent years, Scotland has taken a more rights-based approach in health and social care. We have legislation that enshrines the rights of older people to dignity, respect, and autonomy. We’ve seen campaigns, initiatives, and policies aimed at combating ageism. And yet, despite these advances, the lived experience of many older people in Scotland does not reflect these rights in action. That is the uncomfortable truth.

At a glance, one might argue that human rights are universal, and that older people are covered by the same frameworks that protect all citizens. However, dig a little deeper and it becomes abundantly clear that, despite fine rhetoric and grand declarations, older people are systematically overlooked, neglected, and their rights subtly diminished by the institutions that claim to safeguard them.

First, let us consider the fundamental right to health and social care. This is not just about access to services but about ensuring the best possible quality of life for older people. Are we truly upholding that right?

Too often, I hear stories of older Scots facing unacceptable if not obscene delays in accessing the care they need or worse still having services taken away from them. Services are stretched thin, and while the dedication of social care professionals is unquestionable, the systems that support them fall short. We must ask ourselves: Is an older person left to wait months for essential care truly having their right to health and social care upheld? Are we just waiting till they die and stop being a statistic? Is someone forced to choose between heating their home and paying for food experiencing dignity especially now the UK Government has decided that a universal benefit should be withdrawn?

Far too often, the fundamental rights of older adults are compromised or ignored under the guise of resource constraints, logistical challenges, or worse, societal attitudes that reduce older people to burdens. This narrative is corrosive and dehumanising.

The pandemic laid bare many of these issues. It revealed the vulnerability of older people, particularly those in care homes, where a lack of resources, inadequate protection, and isolation threatened not just their physical health but their mental and emotional wellbeing. Human rights should never be something that we remember only in times of crisis; they should be embedded in everything we do—every policy, every decision, and every action. It is clear that that’s no longer a priority for some in our political leadership.

Another cornerstone of human rights is the right to autonomy—the right to make decisions about one’s own life. For older people, this is often eroded, sometimes unintentionally, sometimes systematically.

Take for example the decisions around care and where someone lives. All too often, older people are not given adequate say in whether they can remain in their own home or whether they must move into residential care. Increasingly money talks louder than rights. We must ensure that our citizen voices are central to these decisions. Because when autonomy is removed, we strip away a person’s sense of self, their dignity, and, ultimately, their humanity.

I want to stress that older people are not just passive recipients of care or services; they are individuals with skills, experiences, and contributions that enrich our society. Age should never be a reason to sideline someone’s opinions or contributions. We need to do better at ensuring older Scots are active participants in the decisions that affect their lives, their communities, and the nation. We are currently doing to rather than working with older Scots.

Underpinning so many of these challenges is ageism—the silent, often unspoken discrimination against older people that exists in our society. Ageism permeates our culture, from the language we use to the policies we create. And let us be clear: ageism is a human rights issue. It denies older people the respect, care, and inclusion they are entitled to as equal members of our society.

The way we treat our older population is a reflection of who we are as a society. Do we see them as burdens, or do we value them for the richness of their experiences, their wisdom, and their enduring contributions?

So, where do we go from here? We cannot afford complacency. Human rights are not a static concept; they require vigilance, effort, and commitment. Part of that means we need political leadership that seeks to advance rather than park human rights. Are we doing enough to create a society where every older person can live with dignity, respect, and choice?

Our government must continue to embed human rights frameworks into the heart of social care policy. Funding must be prioritised for the services that older people rely on. We need to reimagine care, towards person-led approaches that place autonomy at the core. But above all, we need to challenge ageism in every corner of our society.

The question, “Are we upholding the human rights of older Scots?” may not have a simple answer, but one thing is clear: we must do better.

In the words of the poet…

In quiet rooms…

In quiet rooms, where time holds sway,

Where voices soft might fade away,

Do we, as a nation, pause to see

The elders’ right to dignity?

 

For years they’ve walked our country’s land,

Built homes with care, with steady hand,

And now, in age, they seek to find

The rights that every heart’s entwined.

 

The right to live, to breathe, to be,

Not silenced by our apathy,

To make their choices, bold and clear,

To live with love and without fear.

 

Yet still we falter, still we fail,

As systems creak, as hopes grow pale,

Isolated in their prime,

Forgotten in the march of time.

 

But human worth does not expire

With age, nor dim with life’s spent fire;

Their wisdom grows, their spirit gleams,

Their rights are more than fragile dreams.

 

It is our task, our cause, our fight,

To lift their voices into light,

To banish ageism’s cruel sting,

And let their song of justice ring.

 

For our strength is measured here,

In how we treat those we hold dear.

The old, the frail, the wise, the bold—

Their rights are ours, their stories told.

 

So let us stand, hand clasped in hand,

And honour them across the land,

For in their rights, our future lies,

In every tear, in every rise.

 

Let justice flow like our streams,

A nation built on human dreams,

Where old and young together strive

For human rights that breathe, that thrive.

 

Donald Macaskill