Children's human rights concerns over hotel quarantine

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Tia Gallacher and her daughter TaylorImage source, Tia gallacher
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Tia Gallacher says the quarantine rules are preventing her daughter Taylor spending time with her

Serious concerns have been raised over the impact of hotel quarantine on children's human rights.

Since 15 February, everyone entering Scotland from abroad must isolate in a hotel for 10 days.

However, managed isolation has prevented some children from being able to see their parents, if they live in different countries.

The Scottish government said exemptions must be limited for the policy to work, but that it remained "under review".

The Scottish children's commissioner expressed concerns that several children's human rights could be affected by the measures.

The commissioner's office said the policy had implications for several articles of the United Nations Convention on the Rights of the Child (UNCRC), external, and the The European Convention on Human Rights (ECHR).

Article 10 of the UN convention states: "If a child's parents live apart in different countries, the child has the right to visit and keep in contact with both of them."

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Image caption,

Children are not currently exempt from quarantine rules

The children's commissioner also said a Children's Rights Impact Assessment (CRIA) should have been carried out by the Scottish government to consider this balance of rights.

Nick Hobbs, head of advice and investigations at the Children and Young People's Commissioner Scotland, said: "It is legitimate for the Scottish government to seek to protect rights to life and health by acting to restrict the opportunities for the virus to spread, however, restrictions on other human rights, particularly for children, must be necessary, proportionate and time-limited.

"Managed isolation engages a wide range of children's rights, including the right to respect for private and family life, and to support when removed from the family environment as well as the right to liberty and freedom of movement.

"We have raised the issue with the Scottish government and have been assured that they will actively consider providing an exemption to unaccompanied children in respect of managed quarantine."

'Limits are necessary'

On Tuesday, Scotland became the first devolved nation to directly incorporate the UNCRC into domestic law.

MSPs voted unanimously for the law, meaning public authorities will have to comply with children's rights. The Scottish government said it signalled a "culture shift that has the potential to transform children's lives".

A spokesman for the Scottish government said that an impact assessment had been made for the travel policy and that it would be published "as soon as possible". "

He said: "We understand how difficult this is for families with children, but to manage the risk of importing new variants and to give vaccine deployment the best chance of bringing us closer to normality these limits on international travel are necessary.

"The clinical advice is clear that a comprehensive system of managed quarantine is essential to minimise the impact of new Covid-19 variants. This means children must enter managed isolation regardless of whether they have arrived in Scotland accompanied or unaccompanied by an adult. We must restrict how many exemptions are in place otherwise the policy will not be effective.

"All aspects of the regulations are kept under review. Our priority is to protect public health".

'It's cruel beyond belief'

Image source, Tia gallacher
Image caption,

Taylor and her half brother Travis have not seen each other since last summer

Tia Gallacher, 41, a graphic designer from South Lanarkshire, co-parents with her ex. Her daughter lives with her father in Temse, Belgium, but is supposed to spend all her school holidays with her mum and half-brother in Blackwood.

Nine-year-old Taylor has not been in Scotland in almost a year and Tia says hotel quarantine will now make it impossible in terms of time and cost.

Ms Gallacher told BBC Scotland: "We are stunned at the lack of compassion from the Scottish government. I have contacted them several times to receive either no reply or a cold letter explaining the quarantine rules for travel. I have even tried emailing the first minister.

"The mental effect this is having on myself as a mother and on my daughter is devastating.

"We Skype and she sometimes gets really upset and not being able to hold my girl when she is crying is just heartbreaking."

Normally, Ms Gallacher flies to Belgium to collect Taylor before returning on the next flight, usually the next day.

Image source, Tia Gallacher

But with the quarantine rules, a trip to bring Taylor over for a visit would entail a 10-day quarantine stint in Belgium while picking her up, then another 10 days on arrival in Scotland. At the end of the stay there would be another 20 days' quarantine. She would also have to pay for the hotel stays four times per trip.

The Scottish government cost for hotel quarantine is £1,750 for an adult and an add-on of £325 for a child aged five to 11.

Ms Gallacher said: "It is so frustrating seeing the exemptions that are allowed but being told as a parent you can't see your child. It is just cruel beyond belief."

She added: "Regardless of the situation, a child should be able to spend time with a parent and there should be a solution. I know we are not the only ones, people travel more and meet people abroad.

"If people can travel for work, why can't parents be with their children? It is just insanity."