Scotland is set to become the first country in the UK to directly incorporate the UN Convention on the Rights of the Child (UNCRC) into domestic law in a move described by the NSPCC as "a monumental day for the nation".
The move has been described as a "monumental day for Scotland" by the NSPCC, and comes a year after a host of charities and experts warned that children in Scotland were being deprived of their human rights on a daily basis.
It comes just over a month afterthe children's commissioner said emergency coronavirus legislation passed at Holyrood and Westminster had "impacted significantly on a wide range of children's human rights", and that not enough had been done to assess its impact.
Bruce Adamson said he had "grave concerns" about the long-term impact of the virus lockdown on young people and warned of a "major impact" on education and mental health.
The new bill will make it unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements, giving children, young people and their representatives the power to go to court to enforce their rights.
It will make it against the law for public authorities like the police, schools, hospitals and Scottish ministers to act in a way which is not allowed by the UNCRC.
That means that public authorities have to ensure that everything they do complies with children’s rights.
If they do not, children, young people and their representatives will be able to use the courts in Scotland to enforce their rights.
The development is the result of many years of campaigning by children’s rights groups and civil society organisations.
Joanna Barrett, NSPCC Scotland policy and public affairs manager, said: “This is a monumental day for Scotland; incorporating the UNCRC into Scots law is a significant step to ensuring that all children, even babies, in the country have their rights recognised, respected and fulfilled.
“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.
“Our research shows that the availability of therapeutic services for children who have suffered abuse is inconsistent across the country but this new Bill puts an obligation on the Scottish Government and others to ensure access to specialist and timely treatment for all children who have suffered from traumatic experiences.”
In March, more than 50 children’s charities and experts contributed to a report for Together, the Scottish Alliance for Children’s Rights, which considered the extent to which children in Scotland are able to exercise their human rights as set out in the United Nations Convention on the Rights of the Child (UNCRC). The report called for urgent action to ensure that incorporation of the UNCRC into Scots law is accompanied by a real change in the way children and young people experience their rights.
It details a number of areas where progress has been made in recent years, while also drawing attention to areas in which Scotland currently falls short of ensuring children’s rights are being met.
In particular, the report highlighted the importance of delivering a key government pledge to incorporate the UNCRC into Scots law by 2021. It also cited Brexit, and the subsequent loss of human rights protections, as a further reason for the UNCRC to be incorporated into Scots law.
The UNCRC is the most widely ratified human rights treaty in the world and 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.
It is the most comprehensive statement of children’s rights that exists, covering all aspects of a child’s life. It includes civil and political rights to economic, social and cultural rights, and even includes rights such as the right to play.
The bill directly incorporates the UNCRC as far as possible within the powers of the Scottish Parliament.
It makes it unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements.
And it gives power to the children’s commissioner to take legal action in relation to children’s rights.
It also requires ministers to produce a Children’s Rights Scheme setting out how they comply with children’s rights and to report annually.
It also requires listed public authorities to report every three years on how they comply with children’s rights.
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