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
Annex A. List of links
1. Introduction
Sources to guide interpretation of the UNCRC Act
2. Four general principles of the UNCRC
- UN Committee on the Rights of the Child (CRC) – General Comment No.14 (2013): on the right of the child to have his or her best interests taken as a primary consideration
- UNHCR – Best Interests Procedure Guidelines: Assessing and Determining the Best Interests of the Child
- UN Human Rights Committee, General Comment No.36 (2019): Article 6: right to life
- UN Committee on the Rights of the Child (CRC) – General Comment No.7 (2006): Implementing Child Rights in Early Childhood
- UN Committee on the Rights of the Child (CRC) – General Comment No.5 (2003): General measures of implementation of the Convention on the Rights of the Child
- UN Committee on the Rights of the Child (CRC) – General Comment No.12 (2009): The right of the child to be heard.
- UN Committee on the Rights of the Child (CRC) – General Comment No.4 (2016), Article 24: Right to inclusive education
- UN Committee on the Rights of the Child (CRC) – General Comment No.20 (2016) on the implementation of the rights of the child during adolescence
- UN Committee on the Rights of the Child (CRC) - General_Comment_No.6 (2005): Treatment of unaccompanied and separated children outside their country of origin
- UN Human Rights Committee, – General_Comment_No.22 (1993): Article 18 (Freedom of Thought, Conscience or Religion)
- UN Human Rights Committee, – General_Comment_No.23 (1994): Article 27 (Rights of Minorities)
- UN Committee on the Rights of the Child (CRC) – General Comment No.7 (2006): Implementing Child Rights in Early Childhood
- UN Committee on the Rights of the Child (CRC) – General Comment No.9 (2006): The rights of children with disabilities
- UN Committee on the Rights of the Child (CRC) – General Comment No.11 (2009): Indigenous children and their rights under the Convention [on the Rights of the Child]
- UN Committee on the Rights of the Child (CRC) – General Comment No.13 (2011): The right of the child to freedom from all forms of violence
- UN Committee on the Rights of the Child (CRC) – General Comment No.24 (2019): on children’s rights in the child justice system
- UN Committee on the Rights of the Child (CRC) – General Comment No.26 (2023) on children’s rights and the environment with a special focus on climate change
- UN Children's Fund (UNICEF) – Implementation Handbook for the Convention on the Rights of the Child, September 2007
3. Evolving capacity
- UN Committee on the Rights of the Child (CRC) – General Comment No.20 (2016) on the implementation of the rights of the child during adolescence
- The Children and Young People’s Commissioner Scotland – What are evolving capacities?
- The evolving capacities of the child (2005) by Gerison Lansdown
- Age of Legal Capacity (Scotland) Act 1991
4. Respecting, protecting and fulfilling children’s rights
- The Office of the High Commissioner for Human Rights (OHCHR) – Frequently Asked Questions on Economic, Social and Cultural Rights
5. Progressive realisation
- UNICEF – Implementation Handbook For The Convention On The Rights Of The Child
- The Office of the High Commissioner for Human Rights (OHCHR) – Frequently Asked Questions on Economic, Social and Cultural Rights
- Non-statutory guidance on taking a children’s human rights approach
- The Committee on Economic, Social and Cultural Rights (CESCR) - General Comment No.3 (1990):The Nature of States Parties’ Obligations
- UN Committee on the Rights of the Child (CRC) – General Comment No.19 (2016) on public budgeting for the realization of children’s rights (art. 4)
Contact
Email: uncrcincorporation@gov.scot
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