“Until now, if a young person had felt their rights were not being respected, it was quite difficult for them to complain and there was no legal obligation to respect their rights. But by putting it into law, it shows children that the government and local authorities and other public bodies will take them seriously and do care about their rights.” Jonathan, CYPCS Young Adviser
“Incorporation is a way of children having their voices heard, they know they will be listened to, and they know that they matter.” Abigail, CYPCS Young Adviser
Children and young people clearly recognise the importance of their rights being put into law. 16th March 2021 was a very exciting day for everyone in the Children and Young People’s Commissioner’s office. The Scottish Parliament finally passed the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill making Scotland the first of the devolved nations to fully incorporate the UNCRC into domestic law.
Bruce Adamson, the Children’s Commissioner said: “Incorporating the UNCRC into Scots law is the most important thing we can do to protect and promote the rights of children and young people. People in power can no longer ignore or conveniently forget about children’s rights. If they do, children and young people can challenge and will have a meaningful system of redress when things go wrong.”
Foundations for Life
The UNCRC is the most widely ratified international human rights treaty. It underpins how we should approach Education in Scotland and is the foundation of all good Global Citizenship Education. It recognises the importance of childhood and the unique needs of children. It sets out the rights that all children under 18 have to help fulfil their potential, including those relating to health and education, leisure and play, fair and equal treatment, protection from exploitation and the right to be heard. Its articles cover all aspects of a child’s life and explain how those in power must work together to make sure that all children and young people can enjoy their rights.
Until now, if a young person had felt their rights were not being respected, it was quite difficult for them to complain and there was no legal obligation to respect their rights.
Positive Change
By incorporating the Convention into domestic law, Scotland has made a commitment to follow other countries across the world including Finland, Norway, Iceland and most recently Sweden to change the way children’s rights are respected by those in power. Incorporation should lead to culture change and better decision-making to ensure that children and families get what they need. Local Authorities will have a legal duty to work in ways that uphold children’s rights, and this should mean positive and recognisable changes across Scotland.
It has been a long road to get to this point. For decades, children and young people campaigned alongside charities, international experts and organisations working with children whose rights are most at risk.
Incorporating the UNCRC into Scots law is the most important thing we can do to protect and promote the rights of children and young people.
Young Voices
Decisions that are made about children and young people will affect their lives now and in the future. Article 12 of the UNCRC says that children have a right to participate in decision- making. Incorporation will result in more young people being involved in decision-making, they will see their views actually taken into account and there will be a remedy in law when that doesn’t happen. As adults it’s our job to help children and young people to understand, promote and defend their own rights. Incorporation of their rights gives children and young people real power and we need to support them to recognise and use that power. At a time when we see youth voices raised through social movements such as Black Lives Matter and Fridays for Future, Incorporation should further empower teachers to realise the full transformative effects of Global Citizenship Education for children and young people.
Incorporation is a way of children having their voices heard, they know they will be listened to, and they know that they matter.
