Two years on: has Scotland’s UNCRC Act delivered?

On 16 July 2024, Scotland became the first UK nation to directly incorporate the UN Convention on the Rights of the Child (UNCRC) into law. It was a monumental day that provided a climactic moment for the many children, young people and their supporters who had spent years tirelessly campaigning. 

The landmark piece of legislation aimed to make Scotland the best place for children and young people to grow up by empowering them to assert their rights. 

While the two-year anniversary brings a moment of reflection for the positive progress that has already been made for children’s rights, voices across the sector are calling for more to be done to fully embed the convention. 

Marie Harrison is the manager of two Children in Scotland services that support children and families with educational disputes, My Rights, My Say and the Under 12 Tribunal support project. Marie explains how she is seeing the start of a “paradigm shift” in the way children’s rights are being considered. 

She said: “Rather than blame being placed on the child, we do see an increased willingness to consider the structural issues that might be prohibitive to children accessing their rights and the support they are entitled to.  

“I don’t think this has been a seismic shift, but rather a gradual change that is still underway.” 

“There is still so much to do,” she continued. “We acknowledge as well that the Supreme Court ruling did have an impact on how far the Act can go in terms of establishing access to redress and remedies for children who feel their rights have not been upheld.  

“It is crucial two years on that we do not stop talking. While things are improving, we have not “arrived” yet.” 

As a partner on the My Rights, My Say service, Cairn Legal was already working closely with the UNCRC prior to the Act being established and has observed how incorporation has brought children’s rights to the forefront of people’s attention. 

Iain Nisbet, specialist education law solicitor at Cairn Legal, said: “A shared vocabulary of rights is now developing. There is a greater understanding of what children’s rights are and how they should be put into practice. 

“The Act has helped to contextualise other rights which were already in place, and given extra force to discussions with public bodies – it is not just an optional extra.  

“As an example, we have been working with deaf children and their families to enforce the rights they have for additional support for learning. The rights that British Sign Language users have as a linguistic minority under Article 30 [I have a right to speak my own language and to follow my family’s way of life] are now key to that process. 

 “However, the direct incorporation approach taken does rely on people proactively challenging public bodies where a breach has occurred,” he added. “It would be good for government, local authorities and other public bodies, alongside this, to be proactive in terms of addressing changes required for them to become fully rights-respecting.” 

Together, the Scottish Alliance for Children’s Rights, has also witnessed a change in the way children and young people are being listened to, but still wants to see more done to further advance implementation. 

Juliet Harris, Director, Together, said: “Some of the issues that matter most to children’s lives – including aspects of education, social work and social security – remain outside the Act’s full protections, because although they are devolved to Scotland, the laws underpinning them were passed at Westminster. That means the rights and remedies available to a child can still depend on which Parliament passed the law.” 

Juliet added: “Children don’t experience their lives in neat constitutional boxes, and neither should their rights.” 

Hosting a special webinar to mark the anniversary, Together will welcome international speakers alongside Scottish advocates to discuss what happens next. 

A passionate campaigner for many years, Parenting Across Scotland (PAS) has seen the strong correlation between upholding children’s rights and positive outcomes for families. 

Amy Woodhouse, CEO, Parenting Across Scotland, said: “There has been welcome progress, including a stronger focus on whole-family support and continued investment in the Scottish Child Payment for families on low incomes. But too many children are still not experiencing their rights and too few families are receiving the support they are entitled to.  

“PAS is working to raise parents’ awareness of children’s rights and the UNCRC, because parents need to understand how a child-rights approach can help their children and family. 

“But awareness alone is not enough. The Scottish Government must invest more ambitiously to realise children’s rights and make their commitments to tackling child poverty, expanding whole-family support, and making children and young people’s wellbeing a reality for all.” 

Respectme, the Scottish anti-bullying service, has been raising awareness of the crucial role adults must play in continuing to champion children’s rights through its national campaign ‘Listen Up (Respect our Rights)’.  

Lorraine Glass, Service Director, respectme, said: “The campaign and, vitally, youth voice, devised a 5-step Action Plan for adults in schools, youth groups, colleges, after-school clubs, sports clubs etc., to undertake. This included the implementation of preventative elements, with requests that were all clearly stated by the young people.   

“This in turn was embedded in the Scottish Government’s guidance ‘Respect for All; The National Approach to Anti-Bullying for Scotland’s Children and Young People’.” 

With the guidance updated in 2024, seeing the positive outcomes is important to the success of UNCRC incorporation. Lorraine added: “Bullying is a breach of children’s rights and all children must be protected from bullying behaviour so that they can survive, develop, and participate in a fulfilling life.”