Still much to do to turn UNCRC vision into reality

Tam Baillie
Tuesday, December 9, 2014

A generation ago, at the United Nations General Assembly in New York, the United Nations Convention on the Rights of the Child (UNCRC) was adopted - 2014 marks the 25th anniversary.

The convention represented a global promise to protect and promote a child's right to survive and thrive, to learn, to be healthy, to make their voices heard and to achieve their full potential.

The UNCRC changed the way that children are viewed and treated, and the fact that it is the most widely ratified human rights treaty in history shows a global commitment to advancing children's rights.

Those children born in the first year of its existence are now adults and I hope that the convention has made a difference to their lives.

In Scotland, I have witnessed some excellent examples of children and young people being recognised as rights-holders. Most recently, the example of 16- and 17-year-olds being given the franchise in the referendum on independence, a right that looks set to become law in Scotland next year.

Having spent the past five years visiting hundreds of schools across Scotland, I know that for many young people the knowledge that they have rights has become something they value deeply. Last month's 25th anniversary party at a large urban primary school in Glasgow was a case in point. There was much to learn from the children and staff at Pollockshields Primary School about the way in which they learn and talk about children's rights.

The majority of the pupils do not have English as a first language, nevertheless the universality of rights and freedoms were felt keenly. One child said: "Rights are the key that unlocks children's freedom." Another said: "Rights are a part of me."

The school also provided compelling evidence that talking about children's rights can, and should, happen with the youngest children. For example, six-year-olds created a film based on the classic children's story We're Going on a Bear Hunt, exploring what rights they felt were the essential elements of their lives. They chose family life, play, food, shelter.

New approach needed

The convention also brings a global perspective to the way we do things in Scotland. For example, our approach to juvenile justice is recognised around the world, further enhanced through the Children's Hearings Act. But 25 years on, despite significant achievements and incremental change, there is still much to be done. Too many children are still regarded as the property of adults and subjected to various forms of abuse and exploitation.

Nor can we claim that we live in a world where children's best interests are the primary consideration in all decisions affecting them. That is why this anniversary must serve as an urgent reminder about what remains to be done to realise the vision of the UNCRC.

Next July, the UK children's commissioners' offices will submit a joint report to the UN Committee on the Rights of the Child. The commissioners believe there are several areas where we need to be much more assertive on children's rights. For example, welfare reform and austerity measures are leading to cuts that impact directly on children's services and facilities - compromising the rights of the most vulnerable, especially disabled children and young people. And despite evidence of rapid increases in serious mental health problems among the under-18s, too many children continue to wait for vital services or are treated in inappropriate places, in violation of their rights.

A new approach could see the UNCRC incorporated into domestic law in Scotland and the rest of the UK (an opportunity missed by the recent Children and Young People's Act (Scotland)), placing on the government a clear responsibility to put the best interests and views of children and young people at the centre of every decision they make.

Tam Baillie is children's commissioner for Scotland

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