Incorporating the UN Convention on the Rights of the Child

The Convention

• The UN Convention on the Rights of the Child– full text
• The UN Convention on the Rights of the Child- Child-Friendly version
• The UN Convention on the Rights of the Child summary– a basic summary of the Convention
• 30 years of the United Nations Convention on the Rights of the Child– an infographic explaining all the rights enshrined in the treaty
  

What’s Happening Now?

The Act

The UNCRC (Incorporation) (Scotland) Act received Royal Assent on 16th January 2024, and most of its provisions will come into force on 16th July. The (UNCRC) Strategic Implementation Board, first established in 2021, continues to meet to design a programme to implement the Act.

• Click here to read the Act
• Click here to read about the Scottish Government’s current plans for children’s rights
• Click here to read more about the Strategic Implementation Board

Final Vote

The final vote on the amended UN Convention on the Rights of the Child (Incorporation) Bill took place on Thursday 7th December 2023, and the Bill passed.

• Click here to read our briefing to MSPs ahead of the vote

Reconsideration Stage

On 14^th September 2023, the Scottish Parliament debated making amendments to the UN Convention on the Rights of the Child (Incorporation) Bill, which will incorporate the UNCRC directly into Scots law. Following two years of delays, the amendments were formally lodged, and aim to provide clarity on the scope of the Bill within Scotland’s devolution agreement with Westminster. 

• Click here to read the amendments 
• Click here to read explanatory material on what the amendments mean 
• Click here to read a letter from Cabinet Secretary for Social Justice Shirley-Anne Somerville MSP, to Kaukab Stewart MSP, explaining the amendments 
• Click here to read a Scottish Parliament briefing about Reconsideration Stage 
• Click here to read a blog by the Scottish Human Rights Commission about Reconsideration Stage 
• Click here to read a joint civil society letter to Cabinet Secretary Shirley-Anne Somerville, urging her to take further action to strengthen children’s rights during the Reconsideration stage
• Click here to read Cabinet Secretary Shirley-Anne Somerville’s response to our letter

Activities Following the Supreme Court Ruling, 2021-2023

• Cabinet Secretary responds to concerns raised about UNCRC Incorporation Bill, letter from Cabinet Secretary for Social Justice Shirley-Anne Somerville, addressing civil society’s concerns around the UNCRC Bill, August 2023
• Scottish Civil Society Call for Swift Action on UNCRC (Incorporation) (Scotland) Bill, letter from civil society organisations to Cabinet Secretary for Social Justice Shirley-Anne Somerville, urging the Scottish Government to take urgent action to amend and commence the UNCRC Bill, July 2023
• Humza Yousaf accused of ‘failure’ over children’s rights delays in Scotland, article in The Herald covering an interview with the Children and Young People’s Commissioner, where he urged the First Minister to take action to incorporate the Convention, May 2023
• Message to children and young people from Minister for Children and Young People, message from Clare Haughey MSP, Minister for Children and Young People, to mark the 2 year anniversary of the UNCRC (Incorporation) (Scotland) Bill, March 2023
• Response by Ash Regan to Letter from Members of the Children’s Parliament and Scottish Youth Parliament, reassuring the children and young people of her commitment to the Bill, March 2023
• Response by Humza Yousaf to Letter from Members of the Children’s Parliament and Scottish Youth Parliament, reassuring the children and young people of his commitment to the Bill, March 2023
• Letter to SNP Leadership Candidates from Members of the Children’s Parliament and Scottish Youth Parliament, asking the candidates to re-assure children and young people of their commitment to the Bill, March 2023
• Video Update from Deputy First Minister, reassuring children that the Scottish Government remains committed to incorporating the UNCRC, November 2021

The UNCRC Scotland Bill and the Supreme Court

• REFERENCE by the Attorney General and the Advocate General for Scotland – United Nations Convention of the Rights of the Child (UNCRC) (Incorporation) (Scotland) Bill– the Bill was challenged by the UK Government on the basis that certain provisions may be outside the legislative competence of the Scottish Parliament. This link gives all the basic information about the case, which was heard on the 28th and 29th June 2021
• Watch the hearing- Watch the hearing as it was streamed live from the Supreme Court. Scroll to the bottom to see links to the morning and afternoon sessions for both the 28th and 29th June.
• Children’s Rights Bill reaches the UK Supreme Court: Here’s what you need to know– a roundup of the facts of the UK Supreme Court case surrounding the Bill, from Together
• UK Supreme Court considers Scottish Children’s Rights Bill: Day 1– a roundup of the first day of the UK Supreme Court hearing, 28th June 2021, from Together
• UK Supreme Court considers Scottish Children’s Rights Bill: Day 2– a roundup of the second day of the UK Supreme Court hearing, 29th June 2021, from Together
• Case for Her Majesty’s Attorney General and Her Majesty’s Advocate General for Scotland– the written submission made to the UK Supreme Court by the UK Attorney General
• Written Case for the Lord Advocate– the written submission made to the UK Supreme Court by Scotland’s Lord Advocate
• Case for Counsel General for Wales– the written submission made to the UK Supreme Court by the Counsel General for Wales, who has responded to the case alongside Scotland’s Lord Advocate

Incorporating the Treaty into Scots Law

• The UNCRC (Incorporation) (Scotland) Bill, passed unanimously March 2021
• Incorporating the United Nations Convention on the Rights of the Child into Domestic Law in Scotland Working Group: summary report– summary report of the Scottish Government’s working group on incorporation of the UNCRC, July 2020
• Progressing the human rights of children in Scotland action plan 2018-2021: progress report 2019– a Scottish Government progress report following their commitment to incorporating the UNCRC, 2019
• Incorporation of the UNCRC– the Children and Young People’s Commissioner’s work on incorporating the UNCRC

Incorporation Bill: Consultations, Evidence and Reports

• Stage 1 Consultation- Published Responses– the published responses to the Equality and Human Rights Committee’s call for views on the Bill, October 2020
• Stage 1 Consultation- Published Responses from Children and Young People– the responses of children and young people to the Equality and Human Rights Committee’s call for views on the Bill, October 2020
• United Nations Convention on the Rights of the Child: consultation analysis– the Scottish Government’s analysis of their initial consultation on incorporation, 2019
• Stage 1 Report on United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill– the first report on the Bill, from the Equalities and Human Rights Committee

Academic papers and reports

• The UN Convention on the Rights of the Child: A Study of Legal Implementation in 12 Countries– A UN report on how the Convention has been incorporated in 12 countries
• Incorporation of the United Nations Convention on the Rights of the Child in Law: A Comparative Review– a paper by Laura Lundy, Ursula Kilkelly and Bronagh Byrne comparing incorporation approaches in different countries
• Rights Respecting? Scotland’s approach to children in conflict with the law– a report from the Centre for Youth and Criminal Justice on the current state of children’s rights in Scotland, with a focus on children in conflict with the law

Briefings

• Incorporation of the UNCRC into Scots Law: What, How and Why?– a blog post from Dr Kasey McCall-Smith on the incorporation of the Convention into Scots law
• Strengthening Children’s Rights in Scotland– a blog post from Daniel McKaveney on how incorporation can strengthen the rights of children in Scotland
• BIHR Explainer: The UNCRC Incorporation (Scotland) Bill– a briefing explaining the basic process of incorporating the UN CRC
• United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: MSP Briefing – Stage 2 – February 2021– a briefing from Together Scotland, supported by over 40 organisations including the Consortium
• Children’s Economic and Social Rights– a briefing from Professor Aoife Nolan, to the Equality and Human Rights Committee of the Scottish Parliament

Infographics

UNCRC Basics

• What is the UNCRC?– an infographic from Together
• What are Optional Protocols?– an infographic from Together
• Why are they called Optional Protocols?– an infographic from Together
• The UNCRC has 3 Optional Protocols– an infographic from Together
• Did you know the UNCRC is not the only treaty that protects against children’s rights?– an infographic from Together
• Children’s rights and Scottish Parliamentary elections– an infographic from Together

The Articles

• Article 1 of the UNCRC– an infographic from Together
• Article 2 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 3 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 4 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 5 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 6 of the UN Convention on the Rights of the Child: what must Governments do?– an infographic from Together
• Article 6: What does this mean in practice?– an infographic from Together
• Article 7 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 8 of the UN Convention on the Rights of the Child– an infographic from Together
• Article 8: what must Governments do?– an infographic from Together
• Article 9 of the UN Convention of the Rights of the Child- an infographic from Together
• Article 22 of the UN Convention of the Rights of the Child– an infographic from Together
• Article 23 of the UN Convention on the Rights of the Child– an infographic from Together

General Comment 25

• What are General Comments?– an infographic from Together
• UN Committee on the Rights of the Child has adopted General Comment 25– an infographic from Together
• General Comment 25: What does this mean in practice?– an infographic from Together
• General Comment 25: Article 2– an infographic from Together
• General Comment 25: Article 6– an infographic from Together
• General Comment 25: Article 12– an infographic from Together