Tag: Children's Rights

Children’s engagement with the Scottish Parliament to be expanded

Children from across Scotland have joined the Presiding Officer to sign a joint commitment to increase their involvement in the work of the Scottish Parliament.

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The commitment is a working in partnership agreement between the Scottish Parliament and the Children’s Parliament. It will help develop children’s knowledge and understanding of the workings of the Scottish Parliament and support them to build the skills and confidence to inform and influence legislation.

Members of the Children’s Parliament (MCPs) including Eva and Millar from Fife, Cara, Lewis and Evie from East Lothian, Waldah and Michael from Clackmannanshire, Arden from Edinburgh and Rida from Aberdeen were invited to the Scottish Parliament to sign the agreement and to hear more about the work of the Parliament.

Presiding Officer of the Scottish Parliament, the Rt Hon. Alison Johnstone MSP, said: “This agreement has been written with children, for children. This commitment signals our aim to ensure that children in Scotland know that they have a voice in their Parliament.

“MSPs and Parliament staff work extensively with schools, in Holyrood, in local communities and online to engage with children about the work of the Scottish Parliament. This agreement will help us to do even more. Children in Scotland should be treated as valued and equal citizens with a voice in issues that affect and impact them.”

Arden, an MCP from Edinburgh who attended the event, said: “Younger children are just bursting with creative ideas and solutions. They are just waiting to be given an opportunity where they can be listened to. It’s just about giving them the space, time and support.”

Director of the Children’s Parliament, Cathy McCulloch, said: “Having MCPs sign the partnership agreement with the Presiding Officer sets us on a path to new awareness and understanding of children’s human rights throughout the Parliament. This is another sign that Scotland takes children seriously and is committed to realising their rights to be healthy, happy and safe.”

The agreement will see information provided to help MSPs and Scottish Parliament staff increase their understanding of children’s human rights – in line with the UNCRC – and commit to ensuring Parliamentary processes create a safe and friendly environment for children to participate with dignity and respect.

Established in 1996, Children’s Parliament is dedicated to the realisation of children’s human rights in Scotland. 

Advancing children’s rights in law

Amended UN Convention on the Rights of the Child Bill passed

A Bill to provide greater protection of children’s rights has been passed by the Scottish Parliament for a second time.

The United Nations Convention on the Rights of the Child (Incorporation) Bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.

Several sections of the original Bill, which was passed unanimously in 2021, were ruled by the Supreme Court to be outwith the Scottish Parliament’s legislative competence, following referral by the UK Government. MSPs have now backed an amended bill with reduced scope.

Social Justice Secretary Shirley-Anne Somerville said: “This Bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

“Although Scotland will become the first devolved nation in the world to incorporate the convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

“We’ve had to limit the scope of this Bill because of legal action taken by the UK Government. That is deeply disappointing. So, while this Bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK Government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action.”

Chair of the Scottish Youth Parliament Mollie McGoran MSYP said: “The passing of the UNCRC Incorporation Bill is an important step in Scotland’s human rights journey.

“Whilst there has been challenges, this is a momentous day for the children and young people who have long campaigned for their rights to be respected in law and I want to thank and congratulate everyone who has worked for UNCRC incorporation.

“Decision makers and duty bearers in Scotland must now work towards embedding and respecting children and young people’s rights in every aspect of Scottish life. We want Scotland to be the best place in the world to grow up and this is now an incredible opportunity to make that a reality.”

Member of Children’s Parliament Omima said: “I think the change is definitely going to be gradual.

“But I think if it is up there, and children know “all my rights do matter enough to be put into law” then they’re going to start valuing themselves more, and valuing the way that they’re treated and the way that adults especially treat them.

“I think that’s just to me a big pick up for our generation – to make us feel as if we are heard and valued as people not just as children.

The UNCRC (Incorporation) (Scotland) Bill was first passed by the Scottish Parliament unanimously on 16 March 2021.

Protecting children’s rights in Scots law

Holyrood to reconsider UN Convention on the Rights of the Child Bill

The Scottish Parliament has agreed to consider amendments to the legislation that will incorporate the UN Convention on the Rights of the Child into Scots law.

The UNCRC (Incorporation) (Scotland) Bill requires Scotland’s public authorities to protect children’s rights in their decision-making. It also allows for children, young people and their representatives to use the courts to enforce their rights.

The Bill was passed unanimously in 2021 but certain provisions within it were later ruled outwith the Scottish Parliament’s legislative competence at the Supreme Court.

Proposed changes will mean that public authorities will be required to comply with the UNCRC requirements only when delivering devolved functions conferred by or under Acts of the Scottish Parliament or under common law powers.

Social Justice Secretary Shirley-Anne Somerville said: “Our priority is to provide the greatest protection that we can to children’s rights.

“The amendments that will now be considered will ensure that the Bill protects children’s rights in the most effective way within our devolved powers.

“This is an important milestone in ensuring that we are a country that fully respects, protects and fulfils children’s rights. However, without the political commitment of the UK Government to legislate for children’s rights we are limited in what we can achieve.

“The simplest way to secure the greatest protection for children’s rights would be for our counterparts in Westminster to incorporate the UNCRC into UK law.”

Letter to committee and amendments

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

Making Children’s Rights the Law

A new Bill which would allow children to take public bodies to court for breaches of their rights by incorporating the United Nations Convention on the Rights of the Child (UNCRC) into Scots law should be extended to include private sector and voluntary organisations who deliver public services, according to MSPs.

The Scottish Parliament’s Equalities and Human Rights Committee said it supports the general principles of the proposed legislation, but called for the definition of public authorities to be widened to ensure organisations such as private schools and private housing, residential care and childcare providers are not excluded from the legal obligations in the UNCRC.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill legally obliges public authorities – including Scottish Ministers – to respect children and young people’s rights, placing them under a duty not to act incompatibly with the UN Convention.

In its stage 1 report, the Committee recommended that the Scottish Government consults the main stakeholders to investigate how the definition of a so-called “hybrid public authority” could be tightened to avoid similar issues arising as those experienced with the Human Rights Act 1998, where courts have defined the term narrowly and exempted private or voluntary bodies which carry out public functions.

Under the Bill, children and representatives acting on their behalf will be able to challenge public authorities in court for infringing their rights, and the new legislation will allow the courts to strike down legislation that is incompatible with any UNCRC requirements.

However, submissions to the Committee raised concerns about the accessibility of the existing courts and tribunals service to children, and the report called on Scotland’s top judge to reflect on this evidence and to provide an update on progress being made towards developing a “child-friendly” court system in preparation for the new legislation.

MSPs also urged the Scottish Government to amend the Bill so that courts and tribunals “must”, rather than “may”, take into account the whole of the text of the UNCRC and the first two optional protocols when determining a case, and to require courts and tribunals to ask for the child’s views on what would constitute an “effective remedy” in their case.

The Committee’s report further recommended that the Scottish Government amends the commencement provision at stage 2 to ensure the Bill comes into effect six months after Royal Assent.

The Bill also imposes a requirement on Scottish Ministers to make a Children’s Rights Scheme to set out how they will comply with the duties in the UN Convention, but MSPs want the scheme strengthened to include measures to support children with protected characteristics and vulnerable groups, access to advocacy, legal aid, human rights education and a child-friendly complaints mechanism.

Committee Convener, Ruth Maguire MSP, said: “This is a landmark piece of legislation which has the potential to put children’s rights at the heart of public authority decision-making.

However, we believe – as the evidence to the Committee has shown – that there are areas where the Bill can be improved.

“The Committee’s report calls on the Scottish Government to explore how the definition of a public authority can be amended at stage 2 to include those private sector organisations which provide public services, in accordance with the spirit and intention of the Bill.

“We also make recommendations aimed at improving access to justice for children and young people and ensuring judicial remedies for infringements of children’s rights are effective in practice.

“It is vital that children have their rights protected, respected and fulfilled as a matter of urgency, which is why we have urged the Scottish Government to amend the commencement provision to ensure this legislation come into effect six months after the Bill receives Royal Assent.”

A “child-friendly” version of the report, which has been published alongside the stage 1 report, can be accessed via the Committee’s Bill webpage.