The Act makes Scotland the first country in the UK, and the first devolved nation in the world, to directly incorporate the UNCRC into domestic law.
The majority of the legislative provisions come into effect on 16 July 2024, six months post-Royal Assent, granting children legal protection of their rights and compelling all public bodies to adhere to UNCRC compliance.
As a College, we continue to engage on working groups with our partners to advise Scottish Government on implementation. We also implore the other jurisdictions of the UK to protect child rights and incorporate the UNCRC.
Dr Mairi Stark, RCPCH Officer for Scotland said:
Today marks a momentous occasion for all children and young people living in Scotland as the long-called for UNCRC Incorporation Act Scotland 2024 comes into force. This milestone means that our young people’s rights to safety, health and wellbeing will be recognised, respected and safeguarded. As paediatricians, keeping children healthy and safe is at the centre of what we do, and to know that their rights are being legally protected is heartening.
Children and young people should be involved in decisions that affect them and the smallest of decisions can have an effect on their lives. Going forward, we would like to see Scottish Government put children and young people at the heart of all policy and decision making, implementing a children’s rights in all policies approach – this legislation represents a solid step in that direction.
Scotland has led the way among the nations of the United Kingdom by incorporating the UNCRC into Scots law. We urge the rest of the UK to follow suit and prioritise children and young people by securing their rights. The result in Scotland shows that it can be done, and it should be done.
Professor Andrew Rowland, RCPCH Officer for Child Protection and Professor of Child Rights said:
The UNCRC is the most widely ratified human rights treaty in the world. Whilst the United Kingdom is a signatory to it, and ratified it in 1991, there is a world of difference between merely being a signatory to a treaty and actually incorporating that treaty into domestic law. It is in that regard that Scotland has advanced children’s rights, including their rights associated with good health, leaps and bounds beyond the other nations within the UK. I wholeheartedly congratulate Scotland for its steadfast efforts towards the incorporation of this treaty which now formalises child rights and wellbeing impact assessments (associated with every Bill) being enshrined in law; implementation of the UNCRC across Scottish society; and a duty to read and give effect to legislation in a way that is compatible with the UNCRC.
This represents outstanding progress for children’s rights, the wellbeing of children, and children’s health across Scotland. Whilst this is nothing short of what Scottish children need, deserve, and are entitled to, the adoption of the UNCRC is a monumental step forward for children in Scotland and I have no doubt that the positive effects of this move will lead to inter-generational improvements in the health and wellbeing of children, quite literally, for generations to come.
The question that now has to be asked, of course, is that now Scotland has, once again, forged forward with the protection of children’s rights way in advance of the other nations of the UK, when will they catch up so that the children of Wales, England and Northern Ireland are not left behind. That is something I look forward to working on, with partner organisations, so that we can achieve both equity and equality for children across the UK. For the moment, though, the focus has to be on celebrating Scotland’s success and leadership for children.
The Scottish Government has set out more information on implementation.
Read what the UNCRC means to children and young people.