Enforcement of mask-wearing in schools: FOI release

Information requested

1. Definitive documentation that grants Scottish regional councils the authority to enforce mask-wearing in schools without parental or child consent.

2. Details on how this authority was established, including any legal or statutory basis, and how such authority aligns with or circumvents human rights obligations.

3. Specifically, please address compliance with Article 6 of the Universal Declaration on Bioethics and Human Rights (UDBHR), which emphasises informed consent as a fundamental principle, and other relevant human rights provisions, and how and when those rights were officially dispensed with.

Response

The answer to your questions is:

1. Definitive documentation that grants Scottish regional councils the authority to enforce mask-wearing in schools without parental or child consent.

The Scottish Government did not grant local authorities in Scotland the authority to enforce maskwearing or face covering wearing in schools without parental or child consent.

The Scottish Government issued guidance to support schools and local authorities in the delivery of education during the COVID-19 pandemic. The guidance was non-statutory and was updated regularly throughout the pandemic in order to take full account of the evolving COVID-19 situation in Scotland and the advice received from scientific and public health experts.

Link to guidance:

https://webarchive.nrscotland.gov.uk/20240229150610/http:/www.gov.scot/publications/coronaviruscovid-19-guidance-on-reducing-the-risks-in-schools/

2. Details on how this authority was established, including any legal or statutory basis, and how such authority aligns with or circumvents human rights obligations.

See above response - no such authority was established by the Scottish Government.

3. Specifically, please address compliance with Article 6 of the Universal Declaration on Bioethics and Human Rights (UDBHR), which emphasises informed consent as a fundamental principle, and other relevant human rights provisions, and how and when those rights were officially dispensed with.

The Scottish Government are not aware of issues of non-compliance with Article 6 of the Universal Declaration on Bioethics and Human Rights in this context.

Background:

The Universal Declaration on Bioethics and Human Rights (UDBHR), adopted by UNESCO in 2005, establishes informed consent as a fundamental principle in bioethics. Article 6 emphasises the importance of respecting individual autonomy in medical interventions and scientific research.

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