Shirley-Anne Somerville

The United Nations Convention on the Rights of the Child (Incorporation) Bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.

Several sections of the original bill, which was backed unanimously by MSPs in March 2021, have been removed after being found by the Supreme Court to be outwith the Scottish Parliament’s legislative competence, following referral by the UK government.

In particular, the bill no longer allows the Scottish courts to make a non-binding ‘incompatibility declarator’ in relation to legislation passed in Westminster.

Social Justice Secretary Shirley-Anne Somerville said: “This bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

“Although Scotland will become the first devolved nation in the world to incorporate the convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

“We’ve had to limit the scope of this bill because of legal action taken by the UK government. That is deeply disappointing.

“So, while this bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action.”

The chair of the Scottish Youth Parliament, Mollie McGoran MSYP, said: “The passing of the UNCRC Incorporation Bill is an important step in Scotland’s human rights journey.

“Whilst there has been challenges, this is a momentous day for the children and young people who have long campaigned for their rights to be respected in law and I want to thank and congratulate everyone who has worked for UNCRC incorporation.

“Decision-makers and duty bearers in Scotland must now work towards embedding and respecting children and young people’s rights in every aspect of Scottish life. We want Scotland to be the best place in the world to grow up and this is now an incredible opportunity to make that a reality.”

Omima, a member of Children’s Parliament, said: “I think the change is definitely going to be gradual. But I think if it is up there, and children know ‘all my rights do matter enough to be put into law’ then they’re going to start valuing themselves more, and valuing the way that they’re treated and the way that adults especially treat them.

“I think that’s just to me a big pick-up for our generation – to make us feel as if we are heard and valued as people not just as children.”