Judith Robertson

The commission said that while it recognises the positive obligations on government to take reasonable steps to minimise the risk to life posed by the coronavirus outbreak any legislative measures need to be lawful, necessary, proportionate and time-limited, in line with human rights laws.

Judith Robertson, chair of the commission, said: “In times of crisis, human rights laws and standards must guide government action, parliamentary scrutiny, and subsequent monitoring and review of measures taken.

“Broad powers will be conferred on Scottish Ministers by this week’s emergency legislation, enabling them to deal with the current public health crisis. While these measures may be necessary at this moment in time, many of them have substantial human rights implications and must therefore be subject to regular review, including in the event that parliament is not sitting.

“External, independent oversight by appropriate existing bodies, of the use and impact of these powers will also be important. We want to see Scottish legislation provide for this.

“We have also briefed MSPs today on a range of specific areas of particular concern when it comes to people’s rights. These include measures affecting social care, mental health law, restrictions on people’s movement, quarantine measures, arrangements for registration of workers and the particular risks faced by people in places of detention.”