United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024: sources to guide interpretation

1. Introduction

There are many sources of interpretation that may provide guidance for public authorities when considering their duty to act compatibly with the UNCRC requirements as defined by the United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act 2024 (the Act). It is important to keep in mind, however, that these sources apply at the international level, to States which are party to the UNCRC, and are not definitive or authoritative as to how the UNCRC requirements as defined by the Act will be interpreted in Scots law as applying to public authorities. The Children and Young People’s Commissioner Scotland shared the following sources to assist public authorities when considering their duties under the Act in Interpreting the UNCRC:

• General Comments which aim to provide guidance and additional clarity on the interpretation of the UNCRC
• Concluding Observations on the UK, where the Committee on the Rights of the Child (CRC) comments as part of their reporting cycle on any progress achieved, any areas of concern and provides recommendations on what needs to change for the UK State Party to improve implementation of the UNCRC
• reports from Days of General Discussion, where the CRC invites experts to discuss a significant issue impacting human rights.