United Nations Convention on the Rights of the Child
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On the 16th of July, Scottish Government will be able to legally enforce the United Nations Conventions on the Rights of the Child in Scots Law.
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Background: 100 Years of Children's Rights
2024 is the 100th anniversary of Children’s Rights: The first international treaty to protect children was declared in 1924 with the "Geneva Declaration on the Rights of the Child", drafted by the founder of Save the Children.
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The modern international Convention on the Rights of the Child was first introduced in the UN in 1989. It was a ground-breaking establishment of rights, but it wasn’t legally upheld or enforceable: this means while the world has believed in these rights for decades, it wasn’t necessarily put into legal practice.
Scotland became an early champion of actioning the UNCRC. In 2001 it began the Scotland’s Children’s report and initiated consultations to better improve life for children in Scotland. In 2006 it began implementing Getting It Right For Every Child. In 2014 it created the Children and Young People Act to better protect children, including sweeping changes to childcare, school meals, and supporting carers and care leavers.
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In 2021 it finally enshrined the entire UNCRC into law. After some legal adaptations to make sure that Scotland could action the bill, it will finally be legally enforceable 16th of July, 2024.
So what do I need to know?
Most of the UNCRC enshrines basic human rights and family protections, as well as sets legal ages for judicial protections. It also helps ensure children are protected from harm, abuse, separation, and can engage as a healthy member of their community with access to human needs and room to grow.
These include:
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Rights to education, health, and social security
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Protection from abuse, inhumane treatment, trauma, exploitation, and other unsafe behaviours
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Freedom from discrimination
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Right to a healthy standard of living.
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Family and developmental protections
Summary of Specific Key Articles for Children and Parenting Organisations
Within the convention are a few key points that are really important to highlight if you work with children in a play capacity.
Article 31: All children have the right to relax, play, and engage in art and cultural activities.
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Article 2: The UNCRC does not discriminate. It includes all children regardless of characteristic and background.
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Article 3: All decisions that impact children should prioritise the best interests of the children impacted
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Article 12: Every child has the right to express their views and feelings, and to have these views considered and taken seriously.
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Article 16: Children have the right to privacy.
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Article 17: Children have a right to reliable and safe information from the media.
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Article 23: Children with a disability have the right to live a full life with dignity and independence.
Governmental Responsibilities:
By adopting the UNCRC, governments agree to protect all the rights encompassed in the UNCRC, including a few of the following.
Article 6: Governments have the responsibility to ensure children can develop to their full healthy potential
Article 8: Governments must respect the children’s rights to an identity.
Article 18: Parents are responsible for raising their children with their best interests in mind. Governments are responsible for supporting both parents and children with services and assistance to that end.
Article 42: Governments must work to let children and parents know about the rights enshrined in the convention.
Scottish Adoption of the UNCRC:
Below are links to Scottish Parliament resources on the UNCRC and other children's rights resources.​
Legislation
Children’s Rights and Wellbeing Impact Assessment
Getting It Right For Every Child
SHANNARRI
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Further Reading and Resources
There are some downloadable summary resources to better help you understand the UNCRC at the bottom of this article.