MSPS to consider Children’s Rights Bill
● Scotland would become first country to incorporate UN measure
MSPS are to consider whethe r n e w l e g i s l a t i o n w h i c h would incorporate the United Nations Convention on the Rights of the Child into Scots law and allow children to take public authorities to court for breaches of their rights goes far enough.
The S co t t i s h Par l i a ment’s equalities and human rights committee has issued a call f o r v i e ws o n a B i l l l e g a l i s - ing the United Nations Convention on the Rights of the Child (UNCRC), which aims t o e n s u r e c h i l d r e n’s r i g h t s are respected, protected and fulfilled by councils, health boards and other public bodies.
The Bill, if brought into law, would see S cotland become the first country in the world to directly incorporate the convention. However, the committee has said that it would consider if the UN’S conven
tion could be expanded further to make children’s rights even stronger in Scotland.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill legally obliges public authori
ties – including Scottish ministers – to resp ect children’s rights, placing them under a duty not to act incompatibly with the UN convention, while ministers will also be required to make a Children’s Rights
Scheme to set out how it will comply with the duty.
C h i l d r e n a n d r e p r e s e n t a - t ive s a c t i n g o n t h e i r b e h a l f will be able to challenge publ i c a u t h o r i t i e s i n c o u r t f o r i nf r i ng i ng t he i r r i g ht s , a nd the legislation would allow the courts to strike down legislation that is incompatible with any UNCRC requirements.
The Bill also provides new p owers to the Children and Young People’s Commissioner in Scotland to litigate in the public interest, which would enable the commissioner to take cases to court on behalf of children and provide advice to courts about the convention.
The committee’s convener, Ruth Maguire of the SNP, said: “The UNCRC is the most widely ratified human rights treaty in the world and this Bill aims to incorporate the treaty into domestic law so that all children in S cotland – whatever their ethnicit y, gender, reli - gion or abilities – have their rights respected.
“We want to hear from children and young people, as well from public authorities and t h i r d s e c t o r o rg a n i s a t i o n s , about whether they think this legislation will make it easier for children to access and enforce their rights.”
She added: “Children have d i f f e r e n t e x p e r i e n c e s a n d backgrounds so we want to explore the existing barriers which prevent young people from making sure their rights are respected.
“We a l s o wa n t t o c o n s i d - er whether the Bill go es far enough.”