United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024: child rights and wellbeing impact assessment– updated July 2024
Updated child rights and wellbeing impact assessment (CRWIA) report evidencing the consideration that has been given to the impact the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 will have on children and young people.
Conclusion
7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?:
Positive - X
Negative
Neutral
No impact
8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.
Delivering the rights of children and young people, as enshrined in the United Nations Convention on the Rights of the Child (UNCRC), is fundamental to making children’s rights real and Scotland the best place in the world to grow up. In addition to the legal protection for children’s rights that the act provides (protections which are not available in other parts of the UK), the Scottish Government committed to a three year programme (between 2021 and 2024) to implement the UNCRC in Scottish society, in collaboration with public authorities and children and young people. The three year action plan and a progress report will be published by the end of 2024. The Children’s Rights Scheme will set out what further arrangements the Scottish Ministers will put in place, beyond this three year period, to give further and better effect to children’s rights.
Amendment to section 8
Child victims and children and young people more generally may be better protected from serious crime now that we have reduced the risk that criminal cases are ended when, instead, they could have been continued after resolving the UNCRC compatibility issue.
9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?
None.
Mitigation Record
What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?
Please summarise mitigation actions taken below
Not applicable.
10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?
Yes - X
No
If yes, please provide and explanation below:
Children’s rights and their wellbeing are mutually reinforcing. Incorporating the rights in the UNCRC will further support the work which public authorities already do to support children’s wellbeing, and underpin effective and joined up decision-making in relation to rights and wellbeing for children and young people. Getting it right for every child and the eight wellbeing indicators have their origins in the UNCRC. The UNCRC general principles of non-discrimination, best interests of the child, right to life, survival and development, and respect for the views of the child, are the overarching rights needed for any and all rights in the UNCRC to be realised, and as such, should be the foundation for any assessment of a child’s or young person’s wellbeing. This rights-based approach emphasises the responsibility of all public services and their partners to protect children’s rights and entitlements.
Incorporation of the UNCRC into Scots law as afar as is effectively possible will contribute to the wellbeing of children and young people in Scotland.
The following is an example of how the articles being incorporated through this bill can be mapped onto each indicator. In addition to the section 6 duties that may apply, listed authorities will be subject to reporting duties in these areas.
Please note the asterisk next to some of the articles refers to ones which have been 'carved-out’ and do not appear in the Act. Those ‘carved out’ elements refer to reserved matters under the Scotland Act 1998 that are outwith the legislative competence of the Scottish Parliament.
Safe - supported by Incorporation of articles 11*, 19, 22, 32, 33, 34*, 35*, 36, 37, 38*.
Healthy - supported by Incorporation of articles 3, 6, 24 and 39.
Achieving - supported by Incorporation of articles 4, 18, 28 and 29.
Nurtured - supported by Incorporation of articles 4, 5, 18, 20, 21*, 25 and 27*.
Active - supported by Incorporation of article 31.
Respected - supported by Incorporation of articles 2*, 3, 4, 8*, 12, 13, 14, 16, 17 and 18.
Responsible - supported by Incorporation of articles 3, 12, 14, 15 and 40.
Included - supported by Incorporation of articles 3, 6, 18, 23, 26* and 27*.
Amendment to section 8 potentially positively impacts upon the following wellbeing indicators: Safe and respected
11. How will you communicate to children and young people the impact that the proposal will have on their rights?
Clear communication with children and young people is an integral part of the rights to which they are entitled (Articles 12, 13, and 42).
Throughout the Reconsideration Stage we have endeavoured to keep children and young people updated by:
- publishing an open letter to children and young people from the Minister for Children and Young People on World Children’s Day in November 2022 to update them on progress to deliver their rights and making clear the Scottish Government’s commitment to incorporating the UNCRC into Scots law by bringing the UNCRC (Incorporation) (Scotland) Bill back to the Scottish Parliament
- publishing an open letter to children and young people from the Cabinet Secretary for Social Justice in October 2023 to explain that the amendments to the bill had been published and to outline how and why the bill had been amended in the way it had
- publishing a blog from the Minister for Children and Young People and Keeping the Promise on World Children’s Day in November 2023 that responded to questions from children and young people about the work to embed children’s rights into Scots law
- producing child-friendly version of the minutes of meeting of the UNCRC Strategic Implementation Board
Children and young people were also kept updated by our key partners in the children’s rights sector, including the Children and Young People’s Commission for Scotland, the Children’s Parliament, Young Scot and the Scottish Youth Parliament.
As part of their article 12 rights, we also want to hear from children and young people and will continue to achieve this through our annual cabinet meeting and Scottish Government Executive Team takeovers.
In September 2019 we published the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill: leaflet. This provides a summary of the rights children and young people will be entitled to under the bill.
Parents of children and young people will also be kept updated through the Parent Club website:
Contact
Email: CRWIA@gov.scot
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