Scotland became the first part of the UK, and devolved nation in the world to directly incorporate the United Nations Convention on the Rights of the Child (UNCRC) into domestic law. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act) came into force on 16 July 2024. Across 54 Articles the UNCRC protects civil, political, economic, social and cultural rights. This encourages a holistic approach to addressing issues that affect children. Further, the UNCRC seeks to offer balance when children’s rights are at odds with other rights holders, such as parents or guardians. This places children and young people at the heart of decisions that affect them. The incorporation is a significant milestone in advancing children’s rights in Scotland.
Who does the act apply to?
The Act applies to everyone up to the age of 18, regardless of their gender, race, parental status, sexual orientation, religious beliefs or care experience. Your rights are all equally important and cannot ever be taken away by anyone.
Starting court cases:
Before incorporation, there were no legal powers to start court cases but the Children and Young People’s Commissioner Scotland (CYPCS) could ask the court for permission to make formal submissions on an existing case. Due to incorporation courts are beginning to consider UNCRC issues directly and the commission has the power to initiate cases. The incorporation of the UNCRC demonstrates to children that the government local authorities and other public bodies will take them seriously and do care about their rights. With incorporation, there is a real legal force but also a cultural change. For example, the UNCRC sets out a right to an education and to a warm house.
One of the great unknowns, however, is the volume of cases which will arise and the types of issues raised. The CYPCS obviously cannot be involved in every case – there is not enough staff or the money to do that – so a decision-making and prioritisation process will be enforced. This will allow the Commission to decide the cases the Commissioner chooses to become involved in, whether through intervention or in the Commissioner’s name, so that will offer the best opportunity to deliver systemic or strategic change on children’s rights issues.
Article 12 – the right to be heard:
Importantly, under Article 12 of the UNCRC, every child has the right to be heard in matters that affect them and to participate fully in the life of their family, community and society. The voice of children is quintessential in family cases. For example, major decisions can be made regarding, where a child will live, what school they go to and how much time they will spend with each of their parents. In all cases where children are involved, they must be allowed to express their views if they wish to do so. Going forward, it will be positive to see the Scottish Government implementing children and young people at the heart of decision-making in all policies.
Conclusion:
To conclude, the UNCRC is a base standard for children’s rights and sets out the specific rights that all children have to help them fulfil their potential, including rights relating to health and education, leisure and play, fair and equal treatment, protection from any kind of exploitation and also the right to be heard. It is a floor and not a ceiling, the language used in the Act confirms that the government must do more than pay lip service to the Convention. New standards and laws will be set in rights which will be life-changing for children. All children will have more protection and is vital for those
whose rights are most likely to be ignored or violated – those whose rights are most at risk such as disabled children, those living in poverty, and minority ethnic children.
