United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
| Act of Parliament | |
 | |
| Long title | An Act of the Scottish Parliament to incorporate in Scots law rights and obligations set out in the United Nations Convention on the Rights of the Child; to make related provision to ensure compliance with duties relating to the Convention; and for connected purposes. |
|---|---|
| Citation | 2024 asp 1 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 16 January 2024 |
Status: Current legislation | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (asp 2) is an act of the Scottish Parliament that established several provisions with regard Scottish Parliament complying with the United Nations Convention on the Rights of the Child.
Function[edit]
The Measure places a duty on Scottish Ministers to comply with the UN Convention, and a duty to promote the convention.[1]
The Scottish Government must now consult the Children and Young People's Commissioner Scotland, the Scottish Human Rights Commission.[1]
Asylum and migration policy is also not devolved, is also not devolved so the Act also does not apply to policies regarding unaccompanied minors.
The Act also makes provisions for a children's rights scheme to ensure compliance with the convention.[1]
History[edit]
In 2008, the four children's commissioners of the UK recommended incorporating the Convention into domestic law.[2]
In March 2021, the Scottish Parliament passed the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 partially incorporating the Convention into domestic law.[1] It only applied to devolved matters. However, in October 2021 the UK Supreme Court held that central provisions of the bill were outside the authority of the Scottish Parliament.[3] In December 2023, the Scottish Parliament reconsidered the Bill, amended it to address the Supreme Court's ruling and passed it 117-0 [4] and it received Royal Assent on 16 January 2024, meaning it will come into force on 16 July 2024.[5][6]
In 2024, the Scottish Government announced plans to set up the Children's Rights Scheme to provide the mechanism to ensure that the Scottish Government complies with the convention.[7]
See also[edit]
- Children Act 1989
- Human Rights Act 1998
- European Convention on Human Rights
- United Nations Convention on the Rights of the Child
- Children and Young People's Commissioner Scotland
References[edit]
- ^ a b c d Scottish Parliament. United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 as amended (see also enacted form), from legislation.gov.uk.
- ^ Lewsley, Patricia; Marshall, Kathleen; Towler, Keith; Aynsley-Green, Al (March 2008). "UK Children's Commissioners' Report to the UN Committee on the Rights of the Child" (PDF). Children and Young People's Commissioner Scotland. Children's Commissioner for England. Retrieved 2 July 2024.
While there have been other more welcome developments, such as the incorporation of the European Convention on Human Rights into domestic law and the increasing reference to the UNCRC by the judiciary, for children in the UK to fully realise and enjoy their rights, the UNCRC must be incorporated into domestic law.
- ^ "Reference by the Attorney General and the Advocate General for Scotland - United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill - the Supreme Court". Archived from the original on 28 September 2022. Retrieved 28 September 2022.
- ^ https://www.parliament.scot/bills-and-laws/bills/united-nations-convention-on-the-rights-of-the-child-incorporation-scotland-bill/reconsideration-stage
- ^ https://www.parliament.scot/bills-and-laws/bills/united-nations-convention-on-the-rights-of-the-child-incorporation-scotland-bill/bill-becomes-an-act
- ^ Northern Ireland Commissioner for Children and Young People; Children and Young People’s Commissioner Scotland; Children’s Commissioner for Wales (November 2022). "Report of the Children's Commissioners of Northern Ireland, Scotland and Wales to the United Nations Committee on the Rights of the Child: Examination of the Combined Sixth and Seventh Periodic Reports of the United Kingdom of Great Britain and Northern Ireland" (PDF). Children’s Commissioner for Wales. Children’s Commissioners of Northern Ireland, Scotland and Wales. Retrieved 2 July 2024.
The bill therefore requires reconsideration by the Scottish Parliament. More than a year after the Supreme Court judgment, the Scottish Government is yet to bring forward the required amendments.
- ^ Children and Families Directorate (2014). "Taking a children's human rights approach: guidance" (PDF). Scottish Government. Retrieved 2 July 2024.
Children's Rights Scheme 2014: Arrangements for having due regard to the United Nations Convention on the Rights of the Child (UNCRC) when Welsh Ministers exercise any of their functions