Historic children’s rights Bill to become law in Scotland

In yesterday’s Programme for Government 2020-21, Scotland's First Minister Nicola Sturgeon described the forthcoming Bill as ‘one of the most ambitious pieces of legislation in the 20-year history of devolution’.

The UN Convention on the Rights of the Child (UNCRC) is the most complete statement of children’s rights ever produced and is the most widely ratified international human rights treaty in history. The Convention has 54 articles that cover all aspects of a child’s life and sets out the specific rights that all children are entitled to, relating to health and education, leisure and play, fair and equal treatment, protection from exploitation and the right to be heard.

In an address to Scottish Parliament yesterday, Ms Sturgeon said, ‘We will – to the maximum extent possible – fully and directly incorporate into Scots law the United Nations Convention on the Rights of the Child (UNCRC).

‘This will mean public authorities – including the Scottish Government – will be required by law to act in ways compatible with the convention’s requirements to recognise, respect and be accountable for the rights of children in what we do.

‘The implications of this Bill will be profound, far-reaching and long-lasting.’

She concluded, ‘It is a commitment that exemplifies the importance this government attaches to the rights, opportunities and future of all our young people.’

Commenting on the Bill, Deputy First Minister John Swinney said, ‘This Bill will revolutionise the way we listen to children and take their rights into account.

‘By directly incorporating the UNCRC into Scots law, and to the maximum extent possible under the current powers of the Parliament, we will build children’s rights into the fabric of decision making in Scotland.

‘It will mean children and young people are involved in the decisions that affect their lives and that children’s rights are always respected, protected and fulfilled by public authorities. Where necessary, children will be able to go to courts to enforce their rights.’

He added, ‘This Bill is a significant step towards a future based on tolerance, equality, shared values and respect for the worth and human dignity of all people.’

UNICEF, which has a mandate to uphold the rights of all children around the world, has long campaigned for the rights of children and for incorporation in Scotland. 

Henrietta Fore, executive director at UNICEF, said, ‘On behalf of UNICEF, I congratulate the Scottish Government on its legislative proposal to incorporate the Convention on the Rights of the Child into Scots law. Now more than ever, as children’s lives are disproportionately affected by the coronavirus pandemic, it’s vital that their rights are upheld.’

She added, ‘UNICEF is ready to support the adoption and implementation of this historic bill. I discussed this issue with the First Minister Nicola Sturgeon last year and I am delighted to now see this pivotal announcement for the children of Scotland.'