@ResilienceWanker I'm surprised by this.
He said the Scottish government regulations disproportionately interfered with the freedom of religion secured in the European Convention on Human Rights.
Just looking at EU Charter of Fundamental Rights re Article 24 Children...
In all actions relating to children, whether taken by public authorities or private institutions, the child''s best interests must be a primary consideration.
I think they could argue closing schools, softplays, playparks, sports and activities were in the best interest of public health, but I don't see how they could argue that all of this was in the children's best interests. Perhaps you could counter that the NHS not being overwhelmed was in children's best interests, but that's not been the case for a while and I'm sure there were points last year when it wasn't, either.
Similarly the UN Convention on the rights of the child:
Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.
Wether you agree with the measures taken or not taken, I'm not sure how anyone could say that they are not exactly the same thing?
I.e we accept that basic human rights have been forfeited by many different groups (inc religious groups and children) in the fight against Covid, and that it was either necessary or it wasn't.
Lord Braid agreed the regulations went further than was lawfully allowed.
The ruling seems to accept that the forfeiture of human rights was not necessary?