Early learning and childcare: statutory guidance - July 2021

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill

205. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill 2021 was passed unanimously by the Scottish Parliament on 16 March 2021^[39]. Once commenced, the Bill will incorporate the UNCRC, the first optional protocol on the involvement of children in armed conflict and the second optional protocol on the sale of children, child prostitution and child pornography into Scottish domestic law.

206. The Bill will support the delivery of a proactive culture of everyday accountability for children's rights across public services in Scotland and a fundamental shift in the way children's rights are respected, protected and fulfilled in Scotland.

207. The Bill will mean that public authorities, including the Scottish Ministers and education authorities, will be legally obliged to respect children's rights, and that rights-holders will be able to challenge public authorities in the courts for breaches of their rights.

208. The Scottish Government will support implementation of the UNCRC Bill with a package of measures, including guidance to support public authorities and those undertaking functions of a public nature in fulfilling their duties under the Bill. The guidance will support public authorities prepare for commencement, secure better or further effect of the rights of children and support listed authorities to fulfil their reporting requirements.