United Nations Convention on the Rights of the Child (UNCRC): clarification of inherent obligations

1. Introduction

The United Nations Convention on the Rights of the Child (UNCRC), as an international treaty, lays down common standards for the rights of all children across the globe. Given its international status, the UNCRC also takes into account the different cultural, social, economic and political realities of individual States Parties, so that each State may seek its own means to implement the rights common to all children.

In this section, central concepts of the UNCRC will be explained in order to assist public authorities in Scotland when considering their duty to act compatibly with the UNCRC requirements as defined by the Act. It is important to keep in mind that these concepts apply, at the international level, to States which are party to the Convention, 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. While they may provide guidance, these concepts can be interpreted differently by different audiences, and there are many sources which may assist in further understanding and interpreting them (Sources to guide interpretation of the UNCRC Act). This section is therefore not intended to be a definitive or authoritative source but instead aims to provide useful guidance.

In addition, while the UNCRC refers to responsibilities and duties of ‘State Parties’, such references in the UNCRC requirements as defined by the Act are to be read as including public authorities.