Scotland enshrines UNCRC in domestic law

MSPs voted unanimously for the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill to become law on Tuesday (16 March), meaning public authorities will have to comply with children’s rights when the Bill is enshrined in law in September.

• Blog: Incorporating the UNCRC into Scottish law

• Related news: Two-thirds of young people ‘have never heard of UNCRC’

Scotland is now the first country in the UK and first devolved nation in the world to incorporate the UNCRC into domestic law.

The UNCRC 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.

A lot of people have contacted us to say how happy they are to see #UNCRCIncorporation happen in Scotland, and we’ll be sharing their videos over the coming days.

First up, well-wishes from other Children’s Commissioners, inc. @childcomwales @nichildcomm @OCO_Ireland 👇 pic.twitter.com/RJSDWuM892

— Children and Young People's Commissioner Scotland (@CYPCS) March 16, 2021

A £2.1 million programme over three years will help public authorities implement legislation laid out in the Bill. 

It's official: the UNCRC is being written into Scots law!

It's an incredible day for children and young people, and an incredible achievement, too.

THANK YOU to all the #HumanRightsDefenders who helped make this happen.

Thank you for making #UNCRCScotland a reality. pic.twitter.com/FFq12OkHxR

— Children and Young People's Commissioner Scotland (@CYPCS) March 16, 2021

The fund will provide grants for guidance and training to help public authorities prepare for the Bill’s implementation and to empower children to claim their rights.

The Bill includes:

• directly incorporates the UNCRC as far as possible within the powers of the Scottish Parliament

• makes it unlawful for public authorities and anyone undertaking functions or providing services to children with public money to act incompatibly with the incorporated UNCRC requirements

• gives power to the Children’s Commissioner to take legal action in relation to children’s rights

• requires Ministers to produce a Children’s Rights Scheme setting out how they comply with children’s rights and to report annually

• requires listed public authorities to report every three years on how they comply with children’s rights

• gives children, young people and their representatives the right to go to court to enforce their rights, if necessary

Deputy First Minister John Swinney hailed the Bill “the most significant piece of legislation since devolution, delivering a revolution in children’s rights”.

Children and Young People’s Commissioner for Scotland Bruce Adamson added: “This will improve life for all children but children whose rights are most at risk will feel the biggest impact.” 

Today the Scottish Parliament passed the UNCRC (Incorporation) (Scotland) Act, making the UN Convention on the Rights of the Child part of Scots law. Here’s a few words from Fiona Duncan, on what today means for Scotland’s young people. #UNCRCIncorporation #KeepThePromise #UNCRC pic.twitter.com/wDZoskemVu

— The Promise (@ThePromiseScot) March 16, 2021

Director of Together (Scottish Alliance for Children’s Rights) Juliet Harris said: “In passing this Bill, the Scottish Parliament is making a promise to children and young people that their human rights will be at the heart of every decision impacting children that Scotland makes. 

“This historic moment will be celebrated by the countless children, young people and charities across Together’s membership who have worked so hard over the past decade to make this happen. This Bill is a significant step forward in ensuring Scotland is a great place to grow up – for today’s children and young people and for future generations.”