UNCRC incorporated into Scots Law

From today, 16 July 2024, the United Nations Convention on the Rights of the Child (UNCRC) is incorporated into Scots Law.

The rights within the Convention apply to everyone under 18. The UK signed up to the Convention in 1991 and has had obligations to implement the rights in it since then. However, from today, children may seek a remedy in Scottish courts and tribunals for a breach of their Convention rights by a public authority.

Neil Hunter, SCRA’s Principal Reporter/Chief Executive said: “Scotland has a strong tradition in implementing the rights of children by taking steps to protect those rights within law, policy and practice. The Children’s Hearings System itself is an example of how Scotland seeks to achieve this. The new legislation builds on this tradition by incorporating the rights and obligations in the Convention into Scots Law, and creating a remedy for breaches.

“We welcome this enhancement of children’s rights in Scotland.”

Neil added: “We have reviewed our practice to ensure it meets the requirements and expectations arising from the new legislation. In particular, Article 12 of the Convention gives children a right to express their views on matters affecting them and to have those views taken into account.

“We have updated the information we give to children when they are referred to the Reporter to help them understand this right and give their views if they want to about what decision the Reporter should make.”

For children, click here for more information about Reporter decision-making. For young people, information about Reporter decision-making is available here.

You can also watch a short cartoon animation for children and young people.