Advancing children’s rights

Update on incorporating UN Convention into Scots law

Amendments to legislation incorporating the UN Convention on the Rights of the Child will deliver a clear, coherent and workable Bill that provides some valuable protections for the rights of children in Scotland.

The UNCRC (Incorporation) (Scotland) Bill was passed unanimously by the Scottish Parliament in 2021 but certain provisions within it were later ruled outwith the parliament’s legislative competence at the Supreme Court.

The Bill requires all Scotland’s public authorities to take proactive steps to protect children’s rights and gives children, young people and their representatives a new ability to use the courts to enforce their rights.

Changes will be brought forward after the parliamentary recess which will mean public authorities will only be required to comply with the UNCRC requirements when delivering duties under powers in an act of the Scottish Parliament.

Social Justice Secretary Shirley-Anne Somerville told Parliament that this is the only way to minimise the risk of a further referral to the Supreme Court, while also minimising the complexity for those using the legislation. However ministers will continue to call for the UK Government to adopt the convention into UK law.

Ms Somerville said: “These proposals will result in a Bill that provides valuable protections for children’s rights and that does so in a way that is legally sound and is clear for users.

“It will also allow us to begin our journey to legislate for children’s rights and wider human rights and provide a solid legal foundation on which to build in the future. That would become easier if there was political commitment in Whitehall to legislate for children’s rights.

“Once again we find the democratic will of this Parliament blocked by Westminster. It remains true that the simplest way to secure protection for children’s rights, in Scotland and across the UK, and to do so as fully as possible, is for the UK Government to incorporate the UNCRC into UK law.”

Statement by Shirley-Anne Somerville on the UNCRC (Incorporation)(Scotland) Bill