Policy decisions impacting children must now align with the UNCRC's requirements
Scotland has become the first nation in the United Kingdom to incorporate the United Nations Convention on the Rights of the Child (UNCRC) into domestic law.
The UNCRC (Incorporation) Act, first unanimously passed by the Scottish Parliament on March 16, 2021, faced a legal challenge when the UK Supreme Court ruled that certain provisions exceeded the Scottish Parliament's legislative competence. After a reconsideration stage and necessary amendments, the revised bill was passed in December 2023, ensuring it complied with legal requirements.
JURIST reported that under this new law, all public authorities in Scotland, including the Scottish government, are now mandated to protect and consider children's rights as outlined in the UNCRC before making any policy decisions. This statutory duty means that decisions impacting children must align with the UNCRC's requirements or risk contravening the law. Children and young people are also empowered to enforce their rights through the courts, covering areas such as fair treatment, education, health, and protection from exploitation.
The Scottish Government has released both statutory and non-statutory guidance to support the implementation of these duties. Additionally, the government has established a Children's Rights Knowledge Hub to effectively assist public authorities in embedding children's rights into public services.
This act follows a series of legislative efforts to improve child welfare and rights in Scotland, including the Children and Young People (Scotland) Act 2014 and the Children (Scotland) Act 2020. Together, these laws create a robust legal framework aimed at safeguarding and promoting the well-being of children in Scotland.
Ellie Craig, Chair of the Scottish Youth Parliament, expressed optimism about the new law's impact, stating, "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.”
Minister for Children and Young People, Natalie Don, also highlighted the significance of the act, saying, "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.”
In addition to the guidance provided, the Scottish Government is developing a Children’s Rights Skills and Knowledge Framework to further support public authorities. The Scottish Public Services Ombudsman (SPSO) has also created a child-friendly complaints process for public bodies under its jurisdiction.
