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Scotland embraces human rights for children

This news post is 9 months old

Scotland has become one of the first nations in the world to directly incorporate the UNCRC into domestic law

Scotland has become one of the first nations in the world to embrace human rights for children in its domestic law system.

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.

Only a small number of nations have directly incorporated the UNCRC into domestic law and Scotland will be the first country in the UK to do so.

The UNCRC 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.

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."

The move has been welcomed by campaigners for children's rights.

Children and Young People’s Commissioner for Scotland Bruce Adamson said: “Scotland has shown real human rights leadership in incorporating the UNCRC into Scots law. It is the most important thing we can do to protect and uphold the rights of children and young people. Exactly 18 years ago, the Scottish Parliament showed its commitment to children’s rights by creating the office of the Children’s Commissioner and today it has reinforced that commitment by passing the Scottish Government’s world-leading children’s human rights legislation. This will improve life for all children but children whose rights are most at risk will feel the biggest impact.”

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.”

Members of the Scottish Youth Parliament (MSYPs) and Children’s Parliament (MCPs) met with the Scottish Cabinet to mark the momentous piece of legislation.

Cathy McCulloch, co-director of Children's Parliament, said:  “What a day for children and young people! Congratulations to the Scottish Cabinet and the Scottish Parliament for demonstrating their commitment to putting human rights at the heart of all we do in Scotland.”



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