16 July 2024

Children's rights enshrined in law in Scotland

From today (16 July) children’s rights must become central to decision-making in Scotland as the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 comes into effect.

The new legislation requires public authorities to protect the human rights of children and enables children, young people and their representatives to use legal processes to ensure their rights are upheld and protected. A key aim is to increase the participation of children and young people in decision-making across society.

The United Nations Convention on the Rights of the Child (UNCRC) was adopted by the UN General Assembly in 1989, came into force in 1990 and was ratified by the UK in 1991. The 54 articles of the Convention cover the civil, political, economic, social, health and cultural rights of all children, including the right to protection from abuse, to care, to education, an adequate standard of living and to play, and that the best interests of the child must be a top priority in all decisions and actions that affect children.

The Scottish Government’s Minister for Children, Young People and The Promise, Natalie Don, said:

“This is a milestone for advancing children’s rights in Scotland, delivered by the Scottish Government. We want all young people to grow up loved, safe and respected and the UNCRC Act aims to do just that. We all have a responsibility to ensure that children and young people are at the heart of decisions that affect them and that they have the confidence and skills to get involved. The Scottish Government is proud that we are the first devolved UK nation to incorporate the UNCRC into law, helping to make Scotland the best place in the world to grow up.”

Claire Burns, Director of CELCIS, welcomed the introduction of this legislation and said: 

“Upholding the United Nations Convention on the Rights of the Child is essential to protecting the rights of all children and young people. Enshrining these rights within Scots Law gives new impetus and we welcome this imperative to ensuring these are embedded and legally recognised so that the rights of children and young people in Scotland are respected.”

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Read the legislation

Find out more about the UNCRC