Protecting Children’s Rights in Scots Law

The Scottish Parliament has agreed to consider amendments to the legislation that will incorporate the UN Convention on the Rights of the Child into Scots law.

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The UNCRC (Incorporation) (Scotland) Bill requires Scotland’s public authorities to protect children’s rights in their decision-making. It also allows for children, young people and their representatives to use the courts to enforce their rights. The Bill was passed unanimously in 2021 but certain provisions within it were later ruled outwith the Scottish Parliament’s legislative competence at the Supreme Court.

Proposed changes will mean that public authorities will be required to comply with the UNCRC requirements only when delivering devolved functions conferred by or under Acts of the Scottish Parliament or under common law powers.

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