Self-Directed Support and Human Rights

Human Rights in International Treaties

If we think back to the PANEL approach discussed earlier, and consider the element of 'Legality', this should involve looking at the full range of human rights including International Treaties to which the UK is a signatory.

In addition to the ECHR, the UK has also signed up to a number of international treaties,

Between them, these two Treaties provide for a broader range of rights than ECHR because they include economic, social and cultural rights.

These don’t yet create the same enforceable legal duties here in the UK, but they are all monitored by independent experts at the UN, who look at each country that has agreed to them, every four or so years, and report on how well the country is progressing in ensuring these rights. 

The duties the UK has under some of these are also a little different. The government is not expected to solve all of the issues in relation to something like health or education immediately –  but it must actively  take steps to move in the right direction, always towards those goals and never taking steps backwards. 

Let's look at the important Conventions in a little more detail.

UN Disability Convention (UNCRPD):

The Convention underlines some fundamental principles including participation, human dignity and non-discrimination.  It also identifies certain specific rights.

Some examples of the sort of rights protected by the Convention would include the following;

  • Accessibility (Art. 9)
  • Equal recognition before the law (Art. 12)
  • Right to highest attainable standard of physical and mental health (Art. 25)
  • Right to live independently and be included in the community (e.g. Art. 19)


The Convention doesn’t create new rights but sets out rights disabled people have and the steps that must be taken to remove the barriers they face in exercising them on an equal basis with others. 

Accessibility – this requires what we would term  reasonable adjustments to be made to allow for/support disability

Participating in decision making – this encompasses the right to make decisions in all areas of life, on the same basis as other people and there are duties to provide the support people need to exercise that capacity.  

Recent interpretations are to the effect that decision-making must be supported, not substituted.  This presents a challenge but shows the importance of supporting people in all possible ways to make decisions for themselves e.g. Advance Statements, ADVOCACY, working with family and other supporters.

Right to the highest attainable standard of physical and mental health, without discrimination on the basis of disability – this means the right to be treated the same as anyone else in provision of health services – the same range, quality and standard of healthcare.

Right to independent living -  the right to choose where you live and who you live with and the support to allow that to happen.  This aspect of freedom, choice and control over what happens in the life of a disabled person is fundamental to whole Convention.


International Covenant on Economic Social and Cultural Rights (ICESCR):

Examples of rights included are;

  • Right to highest attainable standard of physical and mental health (Art. 12)
  • Right to an adequate standard of living – housing, food (Art. 11)
Article 12, ICESCR: “right to the highest attainable standard of physical and mental health”: This is not a right to be healthy but a commitment to move towards a system where this is achieved by addressing barriers, providing services that are available , accessible, acceptable and of good quality:


In this context, 'Available' means in sufficient quantity.

'Accessible' means accessible to everyone without discrimination, especially the most vulnerable or marginalised people. This includes being physically accessible and affordable and includes the accessibility of health information;

'Acceptable' means respecting issues of confidentiality and being sensitive to cultures, communities and gender; 

'Good Quality' means scientifically and medically appropriate and of good quality.  

Right to an adequate standard of living, including housing and food -  equally this stops short of a guarantee but requires signatories to move towards a system which promotes the likelihood of this.

UN Convention on the Rights of the Child


The UNCRC is an international agreement that countries – including Scotland  – should obey.

There are Four guiding principles:


Article 2 - All the rights guaranteed by the UNCRC must be available to all children and young people without discrimination.

Article 3 - The best interests of the child or young person must always come first.

Article 12 - The views of children and young people must be considered and taken into account in all matters affecting them.

Article 6 - All children and young people have the right to life, survival and development.