Incorporation of the UNCRC into Scottish law - consultation response

In August 2019 we responded to the Scottish Government Children’s Rights: Consultation on incorporating the United Nations Convention on the Rights of the Child into our domestic law in Scotland.

The RCPCH supports the principles of taking a children’s rights approach to all policies to affect outcomes for children and young people and allow them a voice on issues affecting their lives. We have a policy to reference the relevant UNCRC articles in all communications to increase awareness both with children and those who care for children, focusing particularly on articles 12, 23, 24, 28 and 31. 

About the consultation

Our response 

  • Children’s best interests are always central.
  • The voice of the child is at the centre.
  • Children’s views are taken into account and given due weight.
  • A holistic approach which looks at the whole child and not just their status, eg a disabled child.

Our recommendations 

  • The focus needs to be on outcomes for children and young people, not just a consideration of their rights.
  • The “Duty to comply” should be included in any framework for UNCRC rights.
  • Children, young people and professionals involved in child health care should be involved in transposing rights to ensure functionality and practicability.
  • Support for the requirement for a children’s rights scheme as strengthening existing measures would ensure that the implementation of the UNCRC affects outcomes for children and young people.
  • The importance of children and young people engagement and participation in implementing and evaluating the incorporation of the UNCRC.

We respond to a wide range of consultations to ensure that the College’s position, and ultimately children’s health, is represented. Members can get involved in current consultations by contacting the Scotland team: