The Covid-19 care home crisis could have breached the Human Rights Act, experts have claimed.
The Scottish Human Rights Commission said the scandal has raised “serious concerns” under Article 2 of the act.
It also demanded that “non-discrimination" must be considered during any investigation into the recent spate of elderly deaths in nursing homes.
A SHRC spokesman said: “Human rights law is clear that everyone’s right to life must be protected by law and the state has a duty to take action when threats to life occur.
“The state has an obligation to undertake an investigation when life has been lost in circumstances that potentially engage state responsibility under Article 2.
“Other ECHR rights such as the right to be free from inhuman and degrading treatment, right to a private, home and family life, and right to non- discrimination must also be considered when investigating the situation of deaths in Scotland’s care homes over the past few months.”
The SHRC also welcomed the decision to launch a public inquiry into the handling of the COVID-19 pandemic, including what has happened in care homes.
The spokesman added: “Under human rights laws all inquiries should be independent, prompt, determine responsibility, subject to public scrutiny and must allow for the involvement of next-of-kin.
“We believe a human rights based inquiry is necessary in relation to these issues and will engage as appropriate within our mandate, powers and resources.”
Last month the Daily Record told how the number of deaths in care homes across Scotland during the coronavirus pandemic was described as the “single greatest failure of devolution” by a think-tank.
A hard-hitting Common Weal report outlined numerous “failures” that contributed to the death toll in residential facilities in Scotland.
Official statistics show more than 1,400 (45%) of coronavirus-related deaths have been in care homes.
The report author, Nick Kempe, noted that in 2016 the UK Government carried out a pandemic planning exercise and none of the recommendations were implemented.
The Scottish Government dismissed the findings - saying the paper presented "a wholly misleading picture".
"The Scottish Government has from the outset taken firm action to protect care home staff and residents," a spokeswoman said.
