Children 1st Policy Manager, Lily Humphreys has written about what the incorporation of the United Nations Convention on the Rights of the Child into Scottish law means for children and families.
Today is a huge milestone in the decade-long campaign to enshrine children’s human rights in Scottish law as the UNCRC (Incorporation) (Scotland) Act 2024 comes into force. Children 1st campaigned for this alongside partners across the children’s sector for many years. Now that it has become law, what does this mean for children and young people and their families?
Children’s human rights
Children and young people need extra support, protection and care while growing up. So, if you are under the age of 18, you have special rights to help keep you mentally and physically healthy, to protect you from harm, to help you learn and to help you speak up about what is important in your life.
The United Nations created a list of all the rights that children have, called the Convention on the Rights of the Child, also known as the UNCRC. As well as setting out what special rights children have, the UNCRC also helps adults to be responsible for respecting and protecting children and young people.
The UK signed up to the UNCRC some time ago, but now Scotland has an extra law in place meaning that the UNCRC has even more power.
The change in Scots Law
Public bodies such as the police, hospitals and schools now have extra duties to act with children’s rights in mind. The new law ensures that if they do not uphold those duties, it’s easier for this to be challenged in the Scottish courts.
Children’s human rights are more important than ever before.
The law also means:
- The Children and Young People’s Commissioner for Scotland can take legal action in relation to children’s human rights. The Scottish Government must explain what they are doing to make children’s human rights real and update and report on this work every year.
- Some public authorities must also report on what they have done, and plan to do in the future to comply with the UNCRC.
- The Scottish Government must explain how all new laws comply with the UNCRC, and if laws have already been passed by the Scottish Parliament that do not comply with children’s human rights, courts can remove those old laws.
What this means for children and families
The incorporation of the UNCRC is about listening to children and young people and taking them seriously. It’s not about fixing everything all at once, but about building a culture of awareness, learning and respect for what children need to flourish.
As well as keeping children healthy, happy, and safe, children’s human rights also help support and protect the family by recognising the importance of families, however they may look, in children’s lives. The UNCRC points out what support parents and carers should receive from the government to support their children to thrive and live fulfilled lives.
When making big family decisions, children should be encouraged to share their views and feelings about any changes.
If a child needs support with their learning, then meeting with teachers and support staff at school helps make sure they have their right to an education. And during childhood, children need lots of time to play and rest, so it’s important that they have time to do so every day.
Parents and carers can raise any issues that impact on their children’s human rights with schools, doctors, and other professionals.
They can also have conversations with their children about what children’s human rights mean for them, their families, and the lives of young people around the world. Children 1st have developed resources to help children and families understand and champion their rights which can be found here.