National Care Service: Human Rights and the Charter

8. Annex 1: PANEL analysis – process and outcomes of the Charter

8.1 Participation

Process: How the principle was applied to develop and implement the Charter

• people with lived experience have participated in the development of the Charter through a process of co-design
• when we implement the Charter we will continue to promote participation and collaborative working with rights-holders

Outcomes: How the Charter will deliver the principle

• the Charter encourages people to participate in decisions about their own support
• it describes people’s rights to participate and how services should work with people to provide support
• the Charter gives information about what people can do if they feel this is not happening

8.2 Accountability

Process: How the principle was applied to develop and implement the Charter

• we have regularly shared drafts of the Charter with people with lived experience and key stakeholders to make sure that it delivers on our commitments. This includes publishing an early draft on the Scottish Parliament website
• we intend to develop indicators for the Charter so that we can monitor and continuously improve our human rights-based approach
• we will involve people with lived experience and representative groups in the monitoring process

Outcomes: How the Charter will deliver the principles

• the Charter provides a lot of information about how to hold the system to account if their rights or expectations are not met
• it includes information about how to get support to make a complaint

8.3 Non-discrimination and equality

Process: How the principle was applied to develop and implement the Charter

• co-design actively recruited people from diverse communities including people with protected characteristics, from different socioeconomic backgrounds, from rural and urban areas and people with service-specific needs
• we collated evidence from these diverse groups in our impact assessments
• the Charter will be published in a range of versions and formats, so that it is accessible for different people
• we will give particular attention to ensuring the implementation plan for the Charter prioritises groups who face the most barriers in realising their rights

Outcomes: How the Charter itself will deliver the principle

• the Charter makes clear that services will work to advance equality and includes a description of what this might look like for different groups
• the Charter contains information about rights and expectations that diverse groups have told us are important to advance equality and eliminate discrimination. The Charter also contains information on how to get advice or make a complaint if discrimination occurs

8.4 Empowerment

Process: How the principle was applied to develop and implement the Charter

• in the co-design process we supported people to tell us what rights should be included in the Charter and what information they would need to claim their rights. For example we provided information in different formats, including in Easy Read if requested
• we also funded stakeholder organisations to deliver workshops on our behalf

Outcomes: How the Charter itself will deliver the principle

• the Charter provides information about how to uphold rights
• the Charter includes information about independent advocacy which can support people to have a voice and take part in decisions
• it includes information about people’s rights to involve their support network in their support
• it includes information about where to go for advice and further information about a range of issues

8.5 Legality

Process: How the principle was applied to develop and implement the Charter

• we developed two documents alongside the Charter to clarify the legal bases for the rights and expectations in the Charter:
  • the Charter and the Law sets out the legislative basis for the ‘legal rights’ described in the Charter
  • this document: the Charter and Human Rights describes the human rights which are most relevant to the context of social care, social work and health

Outcomes: How the Charter itself will deliver the principle

• the Charter provides accessible information about a range of rights and identifies where these are legally enforceable in Scotland
• the Charter also describes duties under international law and some key international human rights which should be upheld by public bodies