HUMAN RIGHTS WARNING OVER STUDENT CHAOS
Top lawyers raise new fears over impact of university lockdown
STUDENTS are being ‘held hostage’ under draconian quarantine rules which are unlawful and a breach of their human rights, according to leading lawyers.
Advocate niall McCluskey has criticised the harsh restrictions imposed by the Scottish Government on students, many living independently for the first time.
He has been joined by fellow human rights lawyer Aamer Anwar and Roddy Dunlop, QC, Dean of the Faculty of Advocates, in raising concerns about the impact lockdown rules are having on youngsters.
Thousands of students, mainly living in flats at university halls of residence or renting from private landlords, have been told they must self-isolate for weeks amid a surge in coronavirus.
There are concerns youngsters are being left without access to basic amenities, such as washing machines, and without access to fresh air as they do not have
gardens. Students face the added threat of missing Christmas with their families and have been banned from returning home unless they move permanently or do so for their ‘wellbeing’.
Mr McCluskey, who specialises in human rights law, said: ‘The real issue for me is that these regulations have come in very, very late.
‘So when students were making the decisions to go to halls first of all, the universities were not very clear about what courses would be online and what would be required to attend in person.
‘There is a whole number of courses which are just online, so there is absolutely no academic reason for the students being there at all.’
He said universities were ‘motivated by money to encourage students’ to attend in person and pay up to live in halls.
Asked whether the restrictions breach human rights Mr McCluskey said: ‘Yes.’
He told the BBC: ‘I think that, take for example this notion they are a household, I think that is a distorted notion. They are not a proper household, they arrive in these flats knowing no one in the flat, they don’t even have basic facilities like a washing machine in the flat, they have to go elsewhere for that.
‘Students, for example, who are self-isolating are expected to not wash any clothes for two weeks. This goes to the heart of the way people are being expected to self-isolate, so this is not just a student issue but people are being expected to remain in their flats for an entire 14 days.
‘That potentially is a breach of article three of the Convention [on human rights].’
Guidance from the Scottish Government issued on Sunday evening ordered students to remain in their halls of residence as it is an ‘offence’ to mix with another household – including their immediate families.
Only those who plan to leave flats or halls permanently can do so, unless they are selfisolating and must leave for their ‘wellbeing’.
The guidance states that those requiring ‘physical, financial or mental support’ during their two-week quarantine can leave, but the entire household they enter must self-isolate.
Lawyers have also raised doubts about the lawfulness of contracts signed by students who are now staying in halls of residence despite learning solely online.
Mr Anwar, former rector of Glasgow University, argued that there is no law within the Covid-19 regulations which allows for students to be treated differently from other people.
As well as restrictions on living arrangements, students were essentially banned from visiting cafes, restaurants and pubs over the weekend.
He told the BBC: ‘You can’t hold people hostage in halls of residence. It’s against the law.’ Mr Dunlop shared Mr Anwar’s comments on Twitter stating his daughter had just started university.
He said: ‘There can be no quarrel at all with Aamer here: “You cannot hold people hostage in halls of residence. It is against the law.” Yes, it is.’
Mr Anwar also hit out at Aberdeen University over an email sent to students warning they could face fines of up to £250 as well as expulsion for breaching Covid restrictions. University bosses have told youngsters they are in contact with private landlords who have been asked to report concerns to them.
Mr Anwar criticised university chiefs for the lack of planning over the six months of lockdown. He said: ‘What were senior management doing? Heads should roll. They tried to get students back at any cost and then acted surprised by the outbreaks. What planet have they been living on?’
Scottish Labour has called for an inquiry into potential human rights breaches.
Nicola Sturgeon said: ‘I take, human rights very, very seriously but ultimately I think we all take seriously our human right not, if possible, to be infected with a virus that might in extreme cases kill us, so we’re trying to balance all of these things as carefully and as seriously as possible.’
Comment – Page 16
‘Motivated by money’ ‘A breach of human rights’