Protection of rights now enshrined in law
Charities and campaigners alike are hailing a new Act as a milestone for children's rights in Scotland.
Children’s rights will now be at the heart of decision making as the United Nations Convention on the Rights of the Child (UNCRC) Act comes into force.
The 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.
Joanna Barrett, NSPCC associate head of policy for the nations, said: “Today( July 16) 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.”
Minister for Children and Young People Natalie Don said: that the act is a milestone for advancing children’s rights in Scotland.
“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 added: "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.
