Tag: Children and Young People's Commissioner

Police must allow young people to protest peacefully at COP-26, says Children’s Commissioner

Children’s Commissioner Bruce Adamson is urging police to treat young people peacefully protesting at COP-26 with respect and dignity – and has reminded them that children’s rights must be upheld for everyone under 18.

To support this approach, the Commissioner’s office has published a human rights guide today  ‘Under 18? Your Human Rights at Protests: What you need to know’ for children who plan to make their voices heard at the UN climate summit in Glasgow.

The guide has been used as part of Police Scotland’s training for COP-26 and was informed by children’s views and experiences.

Bruce Adamson, Children and Young People’s Commissioner said: “I have written to Police Scotland and have received strong commitments that they will facilitate peaceful protest with human rights at the heart of their approach, and it is important that this happens.

“Police officers have a duty to uphold children’s human rights during COP-26, which include the rights to peaceful assembly and association, alongside their rights to expression, participation, information and protection.”

Climate justice has been consistently raised by children and young people as one of their biggest human rights concerns.

Emma, 16, a Young Adviser to the Commissioner, said: “The right to protest is important as it gives people the opportunity to create change. It gives us a voice and the ability to hold institutions accountable for their actions.

“It is one of the only ways young people can be heard and immediately have a connection with one another, creating a sense of unity. It promotes equality and allows for individuals and groups views to have a chance to be recognised.  The information in this guide about our rights to protest is really useful as we make our voices heard at COP-26 and beyond.”

The Commissioner added: “Children have shown incredible leadership on the issue of climate justice and continue to act as human rights defenders for everyone’s rights across Scotland and internationally.

“They have led powerful, peaceful movements in the streets, for example during school strikes, online, and in court. It is essential that children and young people are empowered to participate and engage in their right to peaceful protest.”

The Commissioner’s guide includes rights information and support, in the event of a child under 18 being arrested or detained by police.

Mr Adamson said: “Arresting a child should always be a measure of last resort, however, it may happen, and children need to know their rights if it does. We’ve included information about children’s rights to contact their family, social worker and to speak to a lawyer, to complain and to ask for release. Any child arrested or detained must be treated with human dignity and respect.”  

The Commissioner repeated his call that no child should be punished for taking part in peaceful protests: “There must be no reprisals or sanctions for children who peacefully protest during COP-26 and schools should support children to participate in the opportunities that COP-26 affords them.”

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Don’t punish children for taking part in climate action, urges Children’s Commissioner

The Children and Young People’s Commissioner, Bruce Adamson has written to every Director of Education in Scotland urging them to support children taking part in the global climate strike tomorrow (Friday 24th September). 

In the letter the Commissioner stressed that children’s right to peaceful protest should be respected by adults and that a key part of education is to ensure that children are supported to develop an understanding of human rights and a respect for the natural environment.

Commissioner Bruce Adamson: “Student protests have been recognised as having a high educational value as they are often among the first experiences of public participation and human rights defence that children take. This activity can contribute to, rather than detract from children’s enjoyment of their right to education.”

Commending the positive approach some schools have taken to enable students to exercise their rights to peaceful assembly, participation and freedom of expression, he pressed that no punitive action be taken against children for striking. 

Commissioner, Bruce Adamson: “It is important that when children and young people take these peaceful and powerful actions, they are not silenced, discouraged or punished.

“I trust that you as education leaders will recognise the importance of this urgent global issue and will ensure that the children and young people taking part in climate strikes are given the support to which they are entitled.”

Acknowledging that striking may have a short-term impact on education, the Commissioner writes that: “Choosing to strike will undoubtedly have a short-term impact on children and young people’s school-based learning. However, their actions as human rights defenders in bringing attention to the threat of climate change and their demands for those in power to take action is part of their broader education.”

“We should recognise the courage that children and young people are demonstrating in their commitment to addressing climate change as an urgent and acute human rights issue.”

The Commissioner joined the calls of other global human rights leaders to support action including United Nations Commissioner for Human Rights, Michelle Bachelet. Children’s actions in climate justice have been recognised and supported by the United Nations, the Council of Europe and the Scottish Parliament through its engagement of children in the Scottish Climate Assembly.

The Commissioner will be publishing a report on young climate activists’ right to protest in Scotland ahead of COP-26 and pressed the education leaders to support children this week and beyond. 

Commissioner, Bruce Adamson: “Children and young people do not have the same political or economic power as adults, but by acting as human rights defenders, raising their voices and demanding change, they are demonstrating the power of their voices. I urge you to respect and support children and young people’s right to peaceful protest.”

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UNCRC: New law on human rights makes government accountable to Scotland’s children

Incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into Scots law finally gives children real power to hold the government to account, says the Children and Young People’s Commissioner Scotland. 

The country became the first part of the UK to vote to enshrine the UNCRC into domestic law after the Scottish Parliament passed the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill last night.  

Bruce Adamson, the Commissioner, warned the government and decision-makers that there is now no hiding place when it comes to upholding children’s rights. 

He said: “Incorporating the UNCRC into Scots law is the most important thing we can do to protect and promote the rights of children and young people. 

“People in power can no longer ignore or conveniently forget about children’s rights. If they do, children and young people can challenge and will have a meaningful system of redress when things go wrong. 

“There’s no question this will improve life for all children, but those who will feel the biggest impact are children whose rights are most at risk – children living in poverty, disabled children, young carers, those who have experience of the care system, children from black and minority ethnic backgrounds. 

Bruce Adamson 1 SA : Children & Young People’s Commissioner Scotland – Bruce Adamson Picture by Stewart Attwood All images © Stewart Attwood Photography 2020. All other rights are reserved. Use in any other context is expressly prohibited without prior permission. No Syndication Permitted.

“Their rights will be at the centre of every policy, law, or budgetary decision from now on. This will lead to significant change in things like addressing poverty and supporting mental health which children themselves have identified as priorities. It will also mean better support for families. 

“This law gives children power – they will be consulted and listened to. Children and young people, as well as other campaigners, have fought tirelessly for incorporation for many decades, and today is testament to their determination. The government and decision-makers should know that all eyes are on them and children won’t hesitate to hold them to account.”  

MSPs voted unanimously for the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill to become law, meaning public authorities will have to comply with children’s rights. The Bill will commence six months from Royal Assent, signalling a culture shift that has the potential to transform children’s lives in Scotland.

A £2.1 million programme over three years will help public authorities implement the legislation. This will include funding for guidance and training to help public authorities prepare for implementation. Work will also be done to empower children to claim their rights.

Deputy First Minister John Swinney said: “This is a landmark Bill which is the most significant piece of legislation since devolution, delivering a revolution in children’s rights. That is a major cause for celebration.

“The Bill will deliver the highest protection possible for children’s rights across Scotland within the powers of this Parliament and ensure that a rights-respecting approach is at the heart of our recovery from the pandemic.  

“Parliament passing this Bill means that Scotland stands amongst a small number of nations like Norway, Belgium and Finland, and I hope our action today will encourage other countries to follow suit.

“But it does not represent the end of the journey in making children’s rights real.  It is now incumbent upon us all to ensure the Bill’s ambitions are translated into real-life improvements which transform the lives and life chances of our children and young people.”

Young human rights defenders have also praised the passing of incorporation of the UNCRC.  

Jonathan, a young adviser to the Commissioner, said: “Until now, if a young person had felt their rights were not being respected, it was quite difficult for them to complain and there was no legal obligation to respect their rights.

“But by putting it into law, it shows children that the government and local authorities and other public bodies will take them seriously and do care about their rights.” 

Fellow young adviser Abigail said: “Incorporation of the UNCRC will give young people a sense of security. They’ll now feel safe in the knowledge that their rights are in law. Incorporation is a way of children having their voices heard, they know that they will be listened to, and they know that they matter.”  

Since it was created by the Scottish Parliament 18 years ago, the office of the Children and Young People’s Commissioner has campaigned for incorporation of children’s rights. 

Scotland’s first Commissioner, Professor Kathleen Marshall, said: “There is still a job to be done in keeping governments to their promises.

“With the incorporation, we have been given a fantastic new tool – bright, shining, and wanting to be used. Everyone has a part to play.” 

Director of Together (Scottish Alliance for Children’s Rights) Juliet Harris said: “In passing this Bill, the Scottish Parliament is making a promise to children and young people that their human rights will be at the heart of every decision impacting children that Scotland makes.

“This historic moment will be celebrated by the countless children, young people and charities across Together’s membership who have worked so hard over the past decade to make this happen. This Bill is a significant step forward in ensuring Scotland is a great place to grow up – for today’s children and young people and for future generations.”

The UNCRC (Incorporation) (Scotland) Bill