Children (Care and Justice) (Scotland) Bill: child rights and wellbeing impact assessment

8. How will the impact of the policy/measure be monitored?

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.

Some examples of the interaction of the wellbeing indicators that will be measured to support this Bill are as follows:

Safe

Protected from abuse, neglect and harm by others at home, at school and in the community.

Detained, if necessary as a last resort outwith a penal setting and within a setting that is trauma-informed and child-centred. Privacy respected by courts for children causing harm or being harmed, and holistic approach taken to disposal by taking advice from children's hearings. This is supported by Articles 3,6 12, 37, 39, 40

Healthy

Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices. Detention in secure accommodation afford access to health care appropriate to a child's needs and should mitigate the particularly acute concerns about the impact of placement in YOIs on children's mental health^[37]. This is supported by Articles 3, 6, 23, 24, 39.

Achieving

Being supported and guided in their learning and in the development of their skills, confidence and self-esteem at home, at school, in the community and whilst detained elsewhere than in penal institutions. Maximising the use of the children's hearings system, removing prison settings and extending option for anonymity are all enabling factors for a child to have the best chances for rehabilitation , reintegration and making future contributions to society. This is supported by Articles 4, 18, 28, 29.

Nurtured

Having a nurturing place to live, in a family setting with additional help if needed or, where this is not possible, in a suitable care setting. Detention outwith a penal setting supports a more nurturing environment. Children are less risk of stigmatisation for their behaviours if they are supported through children's hearings system and their anonymity protected. This is supported by Articles 3, 37, 40.

Respected

Having the opportunity, along with carers, to be heard and involved in decisions which affect them. Children may be better supported to participate in children's than in the court setting. Courts recognising the need for children to be able to participate in an environment suitable for them, and respect for their anonymity as a result of acts carried out as a child will lead to further realisation of this outcome. This is supported by Articles 2, 3, 12, 37, 40.

Responsible

Having opportunities to have their circumstances dealt with by a child appropriate forum, and, where necessary, having appropriate guidance and supervision to meet the child's needs and address deeds, and being involved in decisions that affect them. This is supported by Articles 3, 12, 37, 40.

Included

the extension of access to the children's hearings system for children up to 18. Keeping children out of a prison setting and the likely reduction in prosecutions for less serious offences will reduce the exposure of children to an adult criminal justice system. This is supported by Articles 3, 37, 40.