Tag: UNCRC

Children (Care and Justice) Bill passed

Landmark bill passes Stage 3

MSPs have backed Stage 3 of the Children (Care and Justice) Bill, enshrining in law age-appropriate care and justice for vulnerable young people across the country.

As part of wider work to embed the United Nations Convention on the Rights of the Child (UNCRC) in law and to Keep the Promise, the Bill contains a series of measures to improve children’s experiences of the care and justice systems, whether victims, witnesses or children who have caused harm.

It ensures children are kept out of prison, ending the placement of under 18s in Young Offenders Institutions, with secure accommodation being the normal place of detention instead.

The Bill also provides new reforms to support victims, including providing a clearer understanding of their right to request information from the Children’s Reporter and a new single point service for victims in the hearings system.

Further measures include:

  • strengthened referral arrangements between courts and children’s hearings
  • enhancements around secure and residential care, including secure transport
  • improved regulation for cross-border placements, to ensure that these happen only in exceptional cases where a move is in the child’s best interests
  • enabling secure care to support a young person past their 18th birthday, in appropriate circumstances

Minister for Children, Young People and Keeping the Promise Natalie Don said: “Scotland is taking a big step forward in embedding UNCRC principles and Keeping the Promise by passing this Bill.

“It contains wide ranging measures to ensure age-appropriate justice is delivered, ensuring children in Scotland are kept out of prison and supporting safe, proven care-based alternatives.

“The integrated, welfare-based, Kilbrandon ethos of our children’s hearings system is something Scotland can rightly take pride in and all children – whether in need, at risk or in trouble – deserve our concern and support. This Bill will help ensure they get it. It equally provides a robust package of support for victims and their families, strengthened during Stage 2 and Stage 3 of the Bill.

“This landmark Bill is proof of the progress Scotland is making to Keep the Promise by 2030 and will be transformational for the most vulnerable children and young people in the country.”

The Promise Scotland Chief Executive Fraser McKinlay said: “The Promise Scotland is pleased that the Children (Care and Justice) (Scotland) Bill has passed the final stage of parliamentary scrutiny. Effective implementation of the Bill will be critical. It must be accompanied by significant support for the workforce, along with adequate investment and resourcing.

“These important changes represent a significant step forward in Scotland’s efforts to Keep the Promise by 2030. It is clear that Scotland’s approach to care and protection must be based on early help and support alongside a more progressive, rights-based approach to youth justice that builds on the Kilbrandon principles, upholding children’s rights and increasing access to Scotland’s unique, welfare-based Children’s Hearings System.”

Children and Young People’s Centre for Justice Director Fiona Dyer said: “This is a momentous day for children in conflict with the law in Scotland.

“It marks the culmination of years of hard work and campaigning from many across the sector, including from children and young people themselves, to rightly recognise all children under 18 in the care and justice systems as children, in need of care and support. 

“Nearly all children who harm have also been the victim of significant harm themselves and this Bill guarantees a compassionate, trauma-informed, and rights-respecting approach to ensure they are given the support needed to prevent future offending.” 

Children (Care and Justice) Bill

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

Scottish Government announces latest plans for children’s rights legislation

Plans to progress Scotland’s ground-breaking children’s rights legislation have been announced by Deputy First Minister John Swinney.

The UNCRC (Incorporation) (Scotland) Bill was backed unanimously by the Scottish Parliament in March 2021, but could not be implemented because of a legal challenge brought by the UK Government. In October, the Supreme Court ruled that certain parts of the Bill were outwith the legislative competence of the Scottish Parliament.

The Scottish Government has now set out how it will address this. Over the next few weeks, there will be targeted engagement with relevant organisations and children and young people on proposed changes to the Bill. These will then be brought before Parliament via the Reconsideration Stage.

The Deputy First Minister said: “The UNCRC Bill was passed by the Scottish Parliament to deliver the highest protection possible for children’s rights. The Supreme Court ruling was bitterly disappointing, but we have fully respected and carefully considered its implications.

“We sought support from the UK Government to make modest adjustments to the Scotland Act to address the issues with the devolution settlement that the Supreme Court ruling highlighted. Despite their public commitment to engage constructively, this was rejected by the Secretary of State for Scotland.

“As a result, we will remove UK Acts from the remedial provisions within the Bill, which is a dilution of the effect of the legislation, and we will consult with children and young people on the proposed changes.

“It is disappointing that this will not become law in the form which our Parliament agreed. However, we can now move forward with legislation to build a Scotland where respect for human rights anchors our society and the institutions which govern and deliver public services.”

Scotland signs up to UNICEF declaration on children, youth and climate action

Scotland has committed to honour the rights of children in the fight against the climate crisis, by signing the UNICEF declaration on children, youth and climate action.

The declaration, which was drafted by children and young people, calls on signatories to uphold the priorities of children and youth throughout the world in the implementation of the Paris Agreement.

Signatories commit to advocating for children’s inalienable right to a healthy environment and to enhancing the meaningful participation of children and young people in climate change discussion and action.

Scotland recently hosted the UN Conference of Youth ahead of COP26 and has invested almost £1 million in a programme to engage young people in the climate conference and legacy activity.

The First Minister formally signed the declaration during COP26, and the launch event is being attended by the Minister for Green Skills, Circular Economy and Green Skills Lorna Slater. Scotland becomes the 28th country to have signed up so far.

The First Minister said: “Children and young people are driving climate action and it is vital that we listen to their views and harness their passion at COP26 and beyond.

“The global climate crisis is a children’s rights crisis.  So we must make sure that the rights of children and young people are promoted and protected as we tackle it. To do this, we have to give young people a place at the table and a role in decision-making, so they have a real voice in how we respond to a threat that will shape their lives.

“I am proud that Scotland is joining nations across the world in signing this declaration, and committing to listening to and respecting the needs and wishes of young people as we work to deliver the goals of the Paris climate agreement.

“Signing the Intergovernmental Declaration on Children, Youth and Climate Action is an important step all governments can take to formally recognise a child’s right to a healthy environment.

“Here in Scotland we are determined to deliver the highest protection possible for children’s rights, which is why we remain committed to becoming the first devolved nation in the world to directly incorporate the United Nations Convention on the Rights of the Child (UNCRC) into domestic law, to the maximum extent possible.”

Assistant Chief Constable Gary Ritchie last night thanked the people of Glasgow for enabling Police Scotland to deliver a safe and secure COP26.

Assistant Chief Constable Gary Ritchie said: “Today we continued to support the visit of puppet Little Amal to Glasgow, and facilitated a number of protests.

“I hope this spirit continues right through the conference closure as, over the past few weeks, we have sought to provide a proportionate policing response to any potential protests, balancing the needs and rights of those wishing to demonstrate or protest against the needs of the wider community.

“The wider community really means the people of Glasgow whose patience and understanding, while managing significant disruption to their daily routines, have been a key part of enabling us to deliver a safe and secure global event.

“So I would like to thank them for being so welcoming to our visitors and for being so accommodating of the large police presence and security measures – the people of the city have made this such a positive experience for those of us who have been working day and night, some of us away from home and families, on what is the largest policing operation seen in the UK for many years.

“Our stated commitment was always that the people and communities of Scotland would still receive the same high standard of service that they are accustomed to for the duration of the conference. With this in mind, we established dedicated local policing teams to ensure that local areas had the resources they require to address local community concerns throughout COP26.

“It is important to us that we understand what the experience of COP26 has been for people in Glasgow and Scotland. For this reason, we want to hear from those who have attended or experienced our policing of these events in Scotland recently.

“We value your views, so please take part in our short survey about how we are policing COP26. And lastly, thank you to all those who have taken part and left us with great memories of Glasgow and COP26.

“Eight people were arrested today with minimal disruption to the city centre and to the people who live and work there.”

Call for views on UN Convention on the Rights of the Child Bill

New legislation which would incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Scots law and allow children to take public authorities to court for breaches of their rights is to be considered by a Holyrood Committee.

The Scottish Parliament’s Equalities and Human Rights Committee has issued a call for views on the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, which aims to ensure children’s rights are respected, protected and fulfilled by councils, health boards and other public bodies.

The Bill legally obliges public authorities – including Scottish Ministers – to respect children’s rights, placing them under a duty not to act incompatibly with the UN Convention, while Ministers will also be required to make a Children’s Rights Scheme to set out how it will comply with the duty.

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.

The Bill also provides new powers to the Children and Young People’s Commissioner in Scotland (CYPCS) to litigate in the public interest, which would enable the Commissioner to take cases to court on behalf of children and provide advice to courts about the Convention.

Committee Convener, Ruth Maguire MSP, said: “The UNCRC is the most widely ratified human rights treaty in the world and this Bill aims to incorporate the treaty into domestic law so that all children in Scotland – whatever their ethnicity, gender, religion or abilities – have their rights respected.

“We want to hear from children and young people, as well from public authorities and third sector organisations, about whether they think this legislation will make it easier for children to access and enforce their rights.

“Children have different experiences and backgrounds, so we want to explore the existing barriers which currently prevent young people from making sure their rights are respected.

“We also want to consider whether the Bill goes far enough and if there is anything more that can be done to make children’s rights stronger in Scotland.”

The closing date for responses to the committee, which is expected to be designated lead committee for stage one of the Bill, is Friday 16 October 2020. 

The UNCRC was adopted by the General Assembly of the 1989 and ratified by the UK Government in 1991. Since then the UK has been obliged under international law to give effect to the rights set out in the UNCRC.

It sets out the civil, political, economic, social and cultural rights that all children are entitled to and is the most widely ratified human rights treaty in the world. The rights in the UNCRC, which consists of 54 articles, are guaranteed to every child whatever their ethnicity, gender, religion, language, abilities or any other status.

The UK has also signed two out of three optional protocols: (1) on the involvement of children in armed conflict; and (2) on the sale of children, child prostitution and child pornography.

The third optional protocol, which allows complaints to be made to the UN Committee on the Rights of the Child, has not yet been signed by the UK.

While the UK is bound by the UNCRC in international law, because the UNCRC has not been incorporated into domestic law, those rights are not part of the law which can be enforced directly in Scottish courts.

Scottish Government to embed UNCRC into Scots law

Scotland is set to become the first country in the UK to directly incorporate the UN Convention on the Rights of the Child (UNCRC) into domestic law.

The UNCRC (Incorporation) (Scotland) Bill will make it unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements, giving children, young people and their representatives the power to go to court to enforce their rights.

The UNCRC is the most widely ratified human rights treaty in the world and sets out the specific rights that all children have to help fulfil their potential, including rights relating to health and education, leisure and play, fair and equal treatment, protection from exploitation and the right to be heard.

The Bill:

  • directly incorporates the UNCRC as far as possible within the powers of the Scottish Parliament
  • makes it unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements
  • gives power to the Children’s Commissioner to take legal action in relation to children’s rights
  • requires Ministers to produce a Children’s Rights Scheme setting out how they comply with children’s rights and to report annually
  • requires listed public authorities to report every three years on how they comply with children’s rights

The Bill also allows for incorporation of the articles of the UNCRC currently beyond the powers of the Scottish Parliament, should these powers change in the future.

Deputy First Minister John Swinney said: “This Bill will revolutionise the way we listen to children and take their rights into account.

“By directly incorporating the UNCRC into Scots law, and to the maximum extent possible under the current powers of the Parliament, we will build children’s rights into the fabric of decision making in Scotland.

“It will mean children and young people are involved in the decisions that affect their lives and that children’s rights are always respected, protected and fulfilled by public authorities. Where necessary, children will be able to go to courts to enforce their rights.

“This Bill is a significant step towards a future based on tolerance, equality, shared values and respect for the worth and human dignity of all people.” 

Joanna Barrett, NSPCC Scotland policy and public affairs manager, said: “This is a monumental day for Scotland; incorporating the UNCRC into Scots law is a significant step to ensuring that all children, even babies, in the country have their rights recognised, respected and fulfilled.

“Among its provisions, the Convention sets out children’s right to be safe and their right to access support services to help them recover from abuse or neglect.

“Our research shows that the availability of therapeutic services for children who have suffered abuse is inconsistent across the country but this new Bill puts an obligation on the Scottish Government and others to ensure access to specialist and timely treatment for all children who have suffered from traumatic experiences.”

The UNCRC (Incorporation) (Scotland) Bill