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Landmark legislation or missed opportunity?

The Children and Young People (Scotland) Bill is in its committee stage in the Scottish parliament and is expected to become law by next summer. It is wide ranging in scope and has been described by our children's minister Aileen Campbell, as "landmark legislation".

The provisions that relate to children's rights and to the United Nations Convention on the Rights of the Child have potential to be truly transformative, if the UNCRC was to be incorporated or more firmly embedded into Scots law.

This would put ministers and other public authorities under a duty to ensure their actions are compatible with the convention. Compliance would be achieved through the routine use of Children's Rights Impact Assessments; children and those acting on their behalf would have the right to seek redress if they considered their rights had been breached; the courts' jurisprudence would be informed by the UNCRC and all other law interpreted in light of its provisions.

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