Scotland has made a significant legal advance by becoming the first nation in the United Kingdom to incorporate the United Nations Convention on the Rights of the Child (UNCRC) into its domestic law. This legislative development was officially enacted with the enforcement of the bill on Tuesday, according to a report by JURIST.
The UNCRC (Incorporation) (Scotland) Act 2024 mandates that public authorities in Scotland, including the Scottish government, are legally obliged to consider children’s rights in policy decisions. This step not only encompasses rights to fair treatment, education, health, and protection from exploitation but also allows children and young people to utilize the courts to enforce these rights. The Scottish Government has issued both statutory guidance and non-statutory guidance to assist those responsible for implementing these duties under the Act.
The Act was initially passed unanimously by the Scottish Parliament on March 16, 2021. However, the UK Supreme Court later ruled that certain provisions were beyond the legislative competence of the Scottish Parliament. In response, an amended bill was drafted and successfully passed at a reconsideration stage in February 2024.
In a statement, Ellie Craig, Chair of the Scottish Youth Parliament, emphasized the significance of this new law: “I hope that the UNCRC (Incorporation) (Scotland) Act coming into force today sends a message to children and young people that they live in a country which aims to respect their human rights. Today is not an endpoint though, this is just the beginning of the next step of Scotland’s human rights journey.”
This legislation follows other notable advancements in children’s welfare in Scotland, including the Children and Young People (Scotland) Act 2014 and the Children (Scotland) Act 2020. The Scottish government has also launched a Children’s Rights Knowledge Hub to further aid public authorities in integrating children’s rights into their services effectively.