Regulations made using COVID-19 legislation were reviewed at least every 21 days by Scottish Ministers.ĭecisions on legal requirements in response to COVID-19 involved a careful assessment of whether they were necessary and proportionate. All decisions made in the development of measures under the COVID-19 emergency powers have included careful assessment of the necessity and potential impacts of the powers and their compatibility with the ECHR rights set out in the Human Rights Act 1998. ĬOVID-19 affects everyone but the harms caused by the pandemic are not felt equally. In addition to these legal requirements, published guidance supports people, businesses and other organisations to reduce the risk of transmission. domestic COVID-19 status certification (see Section 6(D)).a face covering requirement in most indoor public places and on public transport, which was in regulations but is now strongly recommended in guidance.the recommendation to take reasonably practicable measures, as set out in the guidance, to minimise the incidence and spread of coronavirus.the requirement to have regard to Scottish Government guidance about minimising the risk of exposure to coronavirus on its premises.the requirement to collect and share visitor information.The regulations to comply with these requirements were revoked in April 2022, including:
Legal requirements and guidance were in place in order to keep the virus under control, as set out in the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021. The Scottish Government had in place a package of legally-mandated and guidance-based protective measures to help deliver our strategic intent to suppress the virus to a level consistent with alleviating its harms while we recover and rebuild for a better future. Scotland’s Strategic Framework sets out our approach to managing the pandemic. This approach aligns with our overarching commitment to human rights, equality, and social justice. In confronting the threat posed by COVID-19, the Scottish Government is determined that no member of Scottish society will be forgotten or left behind. The Scottish Government is committed to respecting, protecting, and fulfilling these rights across its health and social care policy, and to addressing the underlying causes of health inequalities, including those exacerbated by the COVID-19 pandemic. In times of crisis and in times of normality, everyone has the right to the highest attainable standard of physical and mental health, the right to be treated with respect and dignity without discrimination, and the right to access the appropriate care when it is needed. An overarching commitment to human rights, equality, and social justice sat at the heart of the Scottish Government’s response to the pandemic, and the Scottish COVID-19 inquiry will be investigating the impacts of the Scottish Government’s handling of the pandemic on the exercise of rights set out in the ECHR. The COVID-19 pandemic brought into sharp focus the difficult decisions that we may be required to make in times of crisis to protect the right to health.
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