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 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.”
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."
Background
The UNCRC (Incorporation) (Scotland) Bill was first passed by the
Scottish Parliament unanimously on 16 March 2021.
An amended bill was then passed by the Scottish Parliament on 7
December 2023.
The Scottish Government will publish statutory guidance to
support those with duties under the Act, this will ensure all
public authorities are aware of their duties and how to fulfil
them. The Scottish Government is also developing a Children's
Rights Skills and Knowledge Framework to support public
authorities to embed children's rights in public services.
A child friendly model complaints process has been developed by
the Scottish Public Services Ombudsman (SPSO) for public bodies
under its jurisdiction.
