Blog
Scotland incorporates UNCRC into law
After nearly a decade of campaigning by many children, young people and adults, Scotland incorporates the children's rights in law through the UNCRC (Incorporation) (Scotland) Act 2024.
The international child rights community is welcoming and celebrating the news that, as of Tuesday 16th July 2024, the UNCRC (Incorporation) (Scotland) Act 2024 has commenced in Scotland. As highlighted by Together (Scottish Alliance for Children’s Rights) who played a leading role in the campaign for incorporation, ‘this landmark legislation puts children’s rights at the heart of Scots law, creating legally binding duties for public authorities’.
The UNCRC (Incorporation) (Scotland) Bill was unanimously passed on the 7th of December 2023 in Scottish Parliament. In January 2024, the UNCRC became an Act, with it coming into full commencement in July 2024.
Children, young people and adults have been calling for children’s rights to be made law in Scotland for over a decade. Katie Reid, Child and Youth Participation Advisor with the Youth Climate Justice team, previously worked with children across Scotland throughout the nationwide consultation process part of her role with Children’s Parliament:
“It's wonderful to see the UNCRC Incorporation (Scotland) Act take effect. I’ve been thinking back to our work with children at Children’s Parliament at the early stages of developing the Bill, and children have said so loudly and clearly what difference this will make. Back then, children also recognised that not only is incorporation important for Scotland, but also for the other countries too: “If we make good decisions [about how we incorporate the UNCRC], then other countries might look to us.” Sure enough, the commencement of the Act shows that it can be done, even if it hasn’t been the smoothest journey to get here! Incorporation of the UNCRC is the result of many, many children, young people and adults – true Unfearties! - who have channelled much energy, dedication and creativity into campaigns calling for this happen. It brings me a lot of hope knowing that every child in Scotland has their rights legally recognised in this way, and that this Act makes it crystal clear that children must have opportunities to have their say and be taken seriously in decisions being made. This could not be more important when so many decisions being made day – including those related to the environment and the climate crisis – impact, and will continue to impact, children throughout their lives.”
With the Act in place, children in Scotland can now seek legal redress through the courts if public authorities have acted or intend to act incompatibly with the UNCRC requirements defined in the Act. In the context of the environmental and climate crises, this may have significant implications for how children and young people can access justice. Children across Scotland continue to be incredibly active at the intersection of human rights and climate justice, making it well-known to adult leaders that it is their futures and their rights that are most at risk because of decisions being made today.
Curious to learn more about the journey to incorporation in Scotland, and what children themselves tell us it will mean for them? The Children’s Parliament in Scotland has an ongoing series of videos and podcast episodes called #KenYourRights.
This also includes a podcast interview with Juliet Harris, Director of Together (Scottish Alliance for Children’s Rights) and Cathy McCulloch, Director of Children’s Parliament about the UNCRC’s journey in the Scottish Parliament. Available to listen here.