Milestone for children’s rights in Scotland

UN Convention on the Rights of the Child Act commences

Children’s rights will now be at the heart of decision making in Scotland as the United Nations Convention on the Rights of the Child (UNCRC) (Incorporation) Act comes into force. 

The UNCRC Act requires 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.  

It aims to mainstream the participation of children and young people in decision making across society, with public services playing a vital role in delivering for children, young people and their communities.  

Minister for Children and Young People Natalie Don said: “This is a milestone for advancing children’s rights in Scotland, delivered by the Scottish Government. We want all young people to grow up loved, safe and respected and the UNCRC Act aims to do just that. 

“We all have a responsibility to ensure that children and young people are at the heart of decisions that affect them and that they have the confidence and skills to get involved.  

“The Scottish Government is proud that we are the first devolved UK nation to incorporate the UNCRC into law, helping to make Scotland the best place in the world to grow up.” 

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Children and Young People’s Commissioner Scotland Nicola Killean said: “Today is historic! The UN Convention on the Rights of the Child (UNCRC) is now part of Scots law, making children’s rights legally enforceable in Scotland!

“Let’s celebrate this huge milestone & thank all the children & young people who campaigned to make this possible!”

COSLA has today welcomed the incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into law in Scotland.

Ellie Craig MSYP, Chair of the Scottish Youth Parliament said: “I hope that the UNCRC (Incorporation) (Scotland) Act coming into force today sends a message to children and young people that they live in a country which aims to respect their human rights.

“Today is not an endpoint though, this is just the beginning of the next step of Scotland’s human rights journey. Scotland now moves from incorporation to implementation and this is a chance for decision makers to address the human rights issues impacting children and young people and create a culture where their rights and meaningful participation are put at the forefront of decision making.

“I’m looking forward to supporting and, where needed, challenging decision makers to stand up for the rights of all children and young people in Scotland.”

Joanna Barrett, NSPCC Associate Head of Policy for the nations, said: “Today is a momentous day for babies, children and young people in Scotland, as the UN Convention on the Rights of the Child is incorporated into law.

“This is a significant milestone in making sure that all children’s rights are recognised, respected and upheld.

“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.

“Enshrining these rights in law should lead to significant changes for Scotland’s children, be it better including recognition of infants’ rights and lived experiences in the Children’s Hearing System, more protection for children from abuse online or suggest and better provision of therapeutic services for children across the country who have suffered abuse.”

I am delighted that the United Nations Convention on the Rights of the Child (UNCRC) will come into effect on 16th July (writes TIM FREW, CEO of YouthLink Scotland).

‘UNCRC has long been the foundation of good youth work, ensuring a children’s human rights approach. It is built into the National Youth Work Outcomes and Skills Framework. It remains at the heart of what youth workers do and the mechanism practitioners use with children and young people to hold those in power accountable for budgets, community planning, and local service provision.

‘The sector has helped drive the UNCRC journey in Scotland from training and campaigns to partnership work, policy, influencing, and working directly with young people. As we call for the growth and protection of the youth work workforce, the sector has repeated its ask for a legal right to youth work, as the most direct route to delivering all UNCRC commitments and turning the Scottish Government’s flagship policy into a reality.

‘Youth workers educate young people about their rights, including specific rights such as education, protection from harm, and leisure and recreation. Based in the heart of our local authorities and across the third sector, youth workers are keenly positioned to empower young people to become advocates for their rights and the rights of others and to campaign for change effectively.

‘Participation is embedded in the non-formal youth work approach so practitioners can ensure that young people have a voice in the decision-making processes that affect them.

“Youth workers create platforms such as youth councils, forums, and workshops to discuss their views and experiences, helping to ensure that policymakers and stakeholders hear their voices.

“Youth workers are strategically positioned to train other professionals on how to incorporate the principles of the UNCRC into their practice.’

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