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

Information to assist public authorities in Scotland when considering their duty to act compatibly with the UNCRC requirements as defined by the Act. To be read alongside Statutory guidance on Part 2 of the UNCRC Act: https://www.gov.scot/isbn/9781836016564


4. Respecting, protecting and fulfilling children’s rights

In international law, requirements on the State in relation to human rights are expressed differently in various human rights treaties. In order to categorise the different types of human rights obligations, they are sometimes organised under three headings according to the action the State must take: to respect, to protect and to fulfil human rights. The following diagram from Frequently Asked Questions on Economic, Social and Cultural Rights published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) explains this more fully:

All three concepts are crucial for the full realisation of rights and may pertain to different aspects of certain rights. An example from the right to health demonstrates these differences:

Respect: the State must not deny access to health facilities on a discriminatory basis.

Protect: the State must control the quality of medicines marketed in the country by both public or private suppliers.

Fulfil: the State must facilitate the enjoyment of the right to health by, for example, establishing universal vaccination campaigns for children.

Contact

Email: uncrcincorporation@gov.scot

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