Forced marriage: statutory guidance

Chapter 3

Understanding the issues around forced marriage

Definition of forced marriage

25. The Scottish Government recognises forced marriage to be a form of violence against women/gender based violence and, where children are victims of forced marriage, child abuse. It may be associated with other forms of domestic abuse and "honour based" abuse. Forced marriage can impact both men and women, however most cases typically involve younger women and girls between the ages of 15 and under and 30^[21]. There are patterns of victimisation which are vital to be aware of, however, it is likely that every individual case will be different. Some cases may take place solely in the UK, while others involve a prospective partner coming from overseas or a person being sent abroad.

26. The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011^[22] defines a forced marriage as a marriage conducted without the full and free consent of both parties, and where "force" is a factor. It is important to note that in the case of children and young people under 16, and some adults, full and free consent cannot be given. Further information on full and free consent can be found in Appendix B. Force can be coercion by physical, verbal or psychological means, threating conduct, harassment or other means. It is also force to knowingly take advantage of a person's incapacity to consent to marriage, or to understand the nature of the marriage.

27. Under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014^[23], it is an offence under the law in Scotland if a person uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without full and free consent. Furthermore, in relation to a victim who is incapable of consenting to marriage by reason of mental disorder^[24], the offence is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).

28. The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 defines "marriage" to mean "any religious, belief or civil ceremony of marriage (wherever carried out and whether or not legally binding under the law of Scotland or any other place)". The Anti-social Behaviour, Crime and Policing Act 2014 defines "marriage" in relation to the offence of forced marriage to mean "any religious or civil ceremony of marriage (whether or not legally binding).

29. A forced marriage is different from an 'arranged marriage'. An arranged marriage is one in which the families of both spouses are primarily responsible for finding a marriage partner for their child or relative, but the final decision as to whether or not to accept the arrangement lies with the potential spouses. Both spouses must give their full and free consent. The tradition of arranged marriage has operated successfully within many communities for generations. Whereas, a forced marriage occurs where one or both of the parties to be married, are pressured or coerced to enter into the marriage without their free and full consent.

30. In the UK, the majority of cases of forced marriage reported to date involve South Asian families. However, this is partly a reflection of the fact that there is a large established South Asian population in the UK. Forced marriage continues to affect people all over the world and the UK has seen cases involving families from East Asia, the Middle East, Europe and Africa.

Motives prompting forced marriage

31. People who perpetrate forced marriage, primarily parents, extended family and wider community members, often justify their actions by saying they are protecting children, building stronger families, and preserving cultural or religious traditions. They often do not see anything wrong with their actions.

32. Forced marriage cannot be justified on religious grounds; every major faith condemns it. Freely given consent is a prerequisite of marriage in Christianity, Judaism, Hinduism, Islam and Sikhism, as well as in other major religions too.

33. Parents and relatives often believe that they are upholding the cultural traditions of their home country. Some parents come under significant pressure from their extended families to ensure their children are married. In some instances, an agreement may have been made about marriage when a proposed spouse was a very young child. Many young people are raised with the expectation that they will marry someone their parents select. They may be unaware that they have a fundamental and legal right to choose their own spouse.

34. It is important to be aware of the motives which perpetrators perceive to be justifications which drive them to force a person into a marriage. However, these reasons should never be accepted as a justification for denying a person the right to choose their own spouse and to enter into a marriage freely.

35. Some key motives that have been identified are:

• Controlling sexuality, sexual orientation, or gender identity (including perceived promiscuity and perceived sexual orientation/gender identity) – particularly the behaviour and sexuality of women^[25].
• Controlling unwanted behaviour such as alcohol and drug use; socialising unchaperoned with, or simply speaking to, members of the opposite sex who are not family members; wearing makeup; or behaving in what is perceived to be a "westernised manner."
• Preventing "unsuitable" relationships e.g. outside the ethnic, cultural, religious or caste group.
• Protecting "family honour" or "izzat" (see definitions in Appendix B).
• Responding to peer group or family pressure about conforming to expectations.
• Attempting to strengthen family links.
• Financial gain or obtaining financial security for a person with a learning disability.
• Ensuring land, property and wealth remain within the family.
• Protecting perceived cultural ideals.
• Protecting perceived religious ideals.
• Ensuring care for someone with learning/physical disability when parents or existing carers are unable to fulfil that role, or because of mistrust of external social care.
• Concerns that younger siblings may be seen as undesirable if older sons and daughters are not already married.
• Assisting claims for UK residence and citizenship.
• Obtaining physical assistance or personal care for ageing parents.

Forced marriage is an abuse of human rights

36. The Scottish Government considers forced marriage to be an abuse of human rights, as well as being illegal.

37. In addition to the provisions in Scottish legislation, there are a number of international law principles that are explicitly relevant in this context.

• "Marriage shall be entered into only with the full and free consent of the intending spouses."– Universal Declaration of Human Rights, Article 16(2)^[26], and cited in the preamble to the UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages^[27].
• "Parties shall take all necessary legislative or other measures to ensure that marriages concluded under force may be voidable, annulled or dissolved without undue financial or administrative burden placed on the victim." – Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Article 32^[28].
• "(1) Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised. (2) Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of luring an adult or a child to the territory of a Party or State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage is criminalised."Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Article 37^[29].
• "States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent."Convention on the Elimination of All Forms of Discrimination against Women, Article 16^[30].
• "Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons" Article 3.1 of the UN Convention on the Rights of People with Disabilities^[31].
• "States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects" Article 16 of the UN Convention on the Rights of Persons with Disabilities^[32].

38. The UNCRC (Incorporation) (Scotland) Act 2024 incorporates the UNCRC into the law in Scotland (so far as it is within the limits of legislative competence). It means that public authorities (for example, the Scottish Ministers, local authorities, Police Scotland, COPFS etc), will be legally required to act in a way that is compatible with what is referred to in the Act as "the UNCRC requirements" (which is a slightly modified UNCRC), when acting in connection within "a relevant function". Relevant function means a function that is within legislative competence of the Scottish Parliament to confer on the authority, and, is conferred by or under powers in an Act of the Scottish Parliament or common law.

39. There are several articles in the United Nations Convention on the Rights of the Child (as they have been incorporated by the UNCRC (Incorporation) (Scotland) Act 2024) which apply to anyone under 18 that are relevant to this area:

• "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration."– United Nations Convention on the Rights of the Child, Article 3(1)^[33].
• "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child."United Nations Convention on the Rights of the Child, Article 19(1)^[34].
• "States parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children."United Nations Convention on the Rights of the Child, Article 24(3)^[35].
• "States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, State Parties shall in particular take all appropriate national measures to prevent: (a) the inducement or coercion of a child to engage in any unlawful sexual activity."United Nations Convention on the Rights of the Child, Article 34(a)^[36].
• "States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child."United Nations Convention on the Rights of the Child, Article 12(1)."For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law." United Nations Convention on the Rights of the Child, Article 12(2).

The victim

40. The majority of victims of forced marriage are women and children between the ages of 15 and under and 30^[37]. It is important to recognise that every case of forced marriage is different and cases can be complex with many influencing factors, impacting upon the vulnerability of the individual requiring protection.

41. Isolation is one of the biggest issues facing those trapped in, or under threat of, a forced marriage. They may feel they have no one to speak to about their situation. These feelings of isolation are very similar to those experienced by victims of other forms of domestic or child abuse. In many cases, an individual will not disclose fear of forced marriage. Therefore, someone who fears they may be forced to marry often comes to the attention of health professionals, police, social care services or education professionals for various behaviours consistent with distress.

42. Cases of forced marriage often involve multiple perpetrators who plan and collude together, whether it is multiple members of a victim's family or their wider community. This reinforces the isolation that victims experience and the restricted options they face when trying to access help and support.

43. Victims may also be unable to seek help because they are imprisoned in their homes or abroad; their activities and contact with others are closely monitored; and/or their safety could be compromised by trying to access support and protection.

44. Those at risk may be reluctant to take legal action to protect themselves for fear of criminalising those involved, potential repercussions of which include threats to their physical safety, child abduction, alienation of family and community, and stigmatisation for involving their family and community in investigations or criminal and legal proceedings. These issues may also be present for those who succeed in securing civil protection, and they may actually find themselves further at risk for having done so.

45. Young people forced to marry, or those who fear they may be forced to marry, are frequently withdrawn from school, restricting their educational and personal development. They may feel that they are unable to go against the wishes of their parents and consequently may suffer emotionally, often leading to depression and self-harm. These factors can contribute to impaired social development, limited career and educational opportunities, financial dependence, and lifestyle restrictions.

46. Some victims may be taken abroad and left there for extended periods, which isolates them from help and support – this limits their choices and can make them feel like going through with the forced marriage is their only option. Any indication of an individual being taken abroad for the purposes of marriage should be taken seriously, relevant agencies informed and support put in place to prevent the victim from being taken out of the country.

47. A mental or physical disability or illness adds to a person's vulnerability and may make it more difficult for them to report abuse or to extricate themselves from an abusive situation. Their care needs may make them dependent on their carer.

Potential warning signs or indicators

48. Individuals facing forced marriage may appear anxious, depressed and emotionally withdrawn with low self-esteem. They may come to the attention of professionals for a variety of reasons, some of which are described in the diagram below. Whilst the factors set out in the diagram may be, collectively or individually, an indication that someone is facing forced marriage, it should not be assumed that it is forced marriage simply on the basis that someone presents with one or more of these warning signs. These warning signs may indicate other types of abuse that will also require a multi-agency response. These indicators are not meant to be exhaustive.

49. There have been occasions when women have presented with less common warning signs. For example, with hair having been cut or shaved as punishment for disobeying or "dishonouring" her family; or girls being taking to the doctor to be examined to see if they are virgins. Some women have presented with symptoms associated with poisoning.

50. In certain communities, women undergo female genital mutilation (FGM) before being able to marry – usually this is performed during childhood but there have been reports of young women undergoing FGM just before a forced marriage. FGM is illegal in Scotland^[38] as well as in the rest of the UK, and it is also a criminal offence for a UK resident to commit FGM, or arrange for it to be committed, outside the UK.

Warning Signs

The image above shows a list of potential warning signs or indicators. This list is not exhaustive and signs are inter-linked – do not simply focus on the list which seems most relevant to your area of work. Warning signs include, not being allowed to work or poor attendance at work, decline in performance at school, running away from home or having siblings who have been forced to marry, depression and isolation. In terms of police involvement it may include, FGM and other young people in the family reported missing.

Possible consequences of forced marriage

51. Women forced to marry may find it difficult to initiate any action to bring the marriage to an end. They may be subjected to repeated rape (sometimes until they become pregnant), sexual degradation, and ongoing domestic abuse within the marriage. In some cases, they suffer violence and abuse from the extended family. Victims frequently end up trapped in a relationship marked by physical and sexual abuse. Some victims may be unable to leave their house unescorted, which means they are effectively living under house arrest. This has a detrimental impact on them and any children they may have.

52. Witnessing persistent violence and domestic abuse can traumatise children and undermine their emotional security and capacity to meet the demands of everyday life. They may also suffer with depression, trauma related symptoms, and low self-esteem in adulthood. Children's academic abilities may also be affected.

53. Many victims of forced marriage have been withdrawn from school early. This interrupted education limits their career choices; and even if they manage to find work, they may be prevented from taking the job, or their earnings may be taken from them. This can lead to economic dependence, which makes the possibility of leaving the situation even more difficult.

54. Some victims may think that running away is their only option. However, for many young people, especially women from minority ethnic communities, leaving their family can be especially hard. They may have no experience of life outside the family and, as a result, may not know how or where to access personal and financial support. This includes information on the law and their rights, particularly in their first language if it is not English. They may also be suspicious or fearful of engaging with organisations such as the police.

55. Most victims who contact police seeking safety and protection see this as a temporary solution as they hope that, despite the treatment that they have been subjected to, their loved ones will accept their decision and eventually agree to reconciliation. This often means that the services that can be offered, such as relocation, are not seen as viable options unless the victim has reached a point of desperation. The consequences for victims of forced marriage cannot be underestimated and effective management of the risk that exists for them must be the highest priority for all service providers.

56. For many, finding accommodation for themselves and their children is very difficult – especially for those whose leave to remain in the UK is subject to no recourse to public funds (NRPF). NRPF restricts access to certain public funds including housing benefit and access to local authority housing or homelessness services. In recognition of the negative impact of being subject to NRPF, including for women who have been victims of gender based violence, the Scottish Government and COSLA published Ending Destitution Together in March 2021.^[39] This strategy aims to improve support for people with NRPF living in Scotland, including meeting essential needs like accommodation, food and healthcare, as well as access to specialist advice and advocacy.

57. The Children (Scotland) Act 1995 section 22 requires a local authority to safeguard and promote the welfare of children in its area who are in need by providing a range and level of services appropriate to the children's needs. Section 22 also promotes children remaining within their families where that is consistent with the child's welfare. Additionally, local authorities have a number of other options open to them to ensure that they protect and support children at risk of or who have been subject to forced marriage. These are detailed later in the document.

58. The isolation felt when a victim has to live away from home with little support increases the likelihood that they will return to their abusive situation. In addition, leaving their family, accusing them of a crime, or simply approaching statutory agencies for help may be seen as bringing shame on their honour, and consequently their family's honour as well. This may lead to social ostracism and harassment from the family and the wider community. For many, this is not something they are prepared to risk.

59. Victims who do choose to leave often live in fear of their own families, who will sometimes go to considerable lengths to find them and ensure they return. Families may solicit the help of others, or involve the police by reporting the victim missing or falsely accusing the person of a crime (e.g. theft). Some families have traced individuals through medical and dental records, bounty hunters, private investigators, local taxi drivers, members of the community, shop keepers, National Insurance numbers, benefits records, and school or college records. In severe cases families have murdered the victim after tracking them down (so-called "honour-killing"). The potential for such a reaction from families should never be ignored or downplayed and concerns or fears of victims on this issue should be listened to.

Difficulties faced when a forced marriage takes place overseas

60. In some cases, victims may be taken abroad to get married; for many, it may be their first experience of travelling overseas. If they are being held against their will, there are various difficulties they may encounter if they want to return to the UK. For instance, they may find it impossible to communicate by telephone, letter and email; they may not have access to their passport and money; they may not be allowed to leave their house unescorted; and they may be unable to speak the local language. Victims may also find themselves in remote areas where even getting to the nearest road can be hazardous. They also may not receive the assistance they would expect from the local police, neighbours, family or friends. Some victims may find themselves subjected to violence or threats of violence.

61. If a person is a British national, and also holds the nationality of another country, they would be considered a dual national. This may mean that the authorities in the country of their other nationality may view them as being solely, or primarily, nationals of that country and treat them accordingly. These authorities may not recognise that the British Embassy or High Commission have a mandate to support a victim or they may not permit any assistance to be given. If the Foreign, Commonwealth and Development Office considers that there is a special humanitarian reason to do so, it will consider offering assistance to dual nationals in the country of their other nationality. Forced marriage is one of those circumstances where such a decision may be made.

62. The Forced Marriage Unit (FMU) is a joint Foreign, Commonwealth and Development Office (FCDO) and Home Office Unit established in 2005, which leads on the UK government's forced marriage policy, outreach and casework. It operates both inside the UK (where support is provided to any individual) and overseas (where consular assistance is provided to British nationals, including dual nationals). The FMU operates a public helpline to provide advice and support to victims of forced marriage, as well as professionals dealing with cases. The assistance provided ranges from safety advice, through to helping a forced marriage victim prevent their unwanted spouse moving to the UK ('reluctant sponsor' cases), and assisting in repatriation of victims held against their will overseas.

Scottish legal position on marriage

63. Opposite-sex and same-sex couples^[40] can get married in Scotland if:

• they are both at least 16 years old,
• they are both single, widowed, divorced or have dissolved a previous civil partnership,
• they are capable of understanding the nature of a marriage ceremony and of consenting to marriage.

It is not possible to marry in Scotland if you are:

• already married or in a civil partnership (except if you are changing your civil partnership to a marriage),
• under 16 years old,
• close relatives,
• incapable of understanding the nature of a marriage ceremony and of consenting to marriage.

Legal deterrents to protect those at risk of forced marriage or who have already been forced into marriage

64. The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011^[41] provides civil remedies for those at risk of forced marriage, and those who have already been forced into marriage. It introduced a civil Forced Marriage Protection Order (FMPO) to protect people who are threatened with, or who are already in, a forced marriage. It is a criminal offence to breach a FMPO. This Act also created a duty for Scottish Ministers to provide statutory guidance on forced marriage.

65. Forcing a person into marriage became a criminal office in Scotland on 30 September 2014 under section 122 of the Anti-Social Behaviour, Crime and Policing Act 2014.^[42]

Forced Marriage Protection Orders (FMPOs)

66. Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011^[43] empowers the civil courts in Scotland to make a forced marriage protection order (FMPO). This can be used to protect both adults and children at risk of being forced into marriage, and can offer protection for those who already have been forced into marriage.

67. The provisions in this Part are designed to enable the courts to tailor the terms of a FMPO to protect and meet specific needs of victims, or potential victims, of forced marriage. For example, it might state that the protected person^[44] must be taken to a place of safety designated in the order; or that the protected person be brought to a court at such a time and place as the court specifies; that any violent, threatening or intimidating conduct be stopped; that the protected person not be taken abroad; or that documents such as passports or birth certificates be handed over to the courts.

Relevant third parties

68. Section 3 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 enables any person, with leave of the court, to apply for a FMPO. However, certain specific categories, such as the victim, and what are referred to in the Act as "relevant third parties" (namely a local authority, the Lord Advocate, the chief constable of the Police Service of Scotland, and any other person specified by order made by the Scottish Ministers) may apply without leave of the court. The chief constable of the Police Service of Scotland was added as a relevant third party who can apply for a FMPO in 2017^[45] after consultation with stakeholders showed strong support for this addition.

69. Section 3(5) and (6) of the Act provide that applications to a sheriff for a FMPO are to be made by summary application to the sheriff in whose sheriffdom the protected person is ordinarily resident or, if the protected person is not ordinarily resident in Scotland, to the sheriff of the sheriffdom of Lothian and Borders at Edinburgh.

70. Local authorities and police will decide how best to deliver their role as a relevant third party applying for an FMPO under this provision as they do for orders under other legislation (e.g. antisocial behaviour orders).

Breach of a forced marriage protection order

71. Breach of an FMPO is a criminal offence and is punishable by imprisonment for up to 2 years and/or a fine. The police may arrest, without warrant, any person who they reasonably believe is committing or has committed a breach of a FMPO.

72. As with any other civil order, the applicant or the protected person would usually be the person who would either go to court or report the breach to the police. However, any person (e.g. a friend or relative of the protected person), even if not directly affected by the order could report a breach of a FMPO to the police for investigation.

73. Advice is available in relation to forced marriage protection orders from organisations whose details can be found in Appendix C.

Other Relevant Criminal offences

74. Other behaviours surrounding forced marriage may also amount to criminal behaviour capable of prosecution in Scotland. There are provisions in domestic law to protect children and deal with criminal behaviour such as child abduction^[46], and cruelty to persons under 16 (including ill-treatment, neglect and abandonment)^[47]. Physical violence towards children (as with violence towards an adult) can be prosecuted under the common law of assault^[48].

75. Sexual intercourse without consent is rape, regardless of whether this occurs within a marriage or not. This is set out in the Sexual Offences (Scotland) Act 2009^[49]. It is a criminal offence for an adult to engage in sexual activity with a child under the age of 16. It is not a defence to these offences that the accused was married to the child.

76. The immigration legislation and rules can provide protection for children and young people. The age of entry into the UK for spouses, fiancé(e)s, civil partners, unmarried or same sex partners is 18 years old; assisting in unlawful entry is a criminal offence. Additionally, the UK Border Agency and the Forced Marriage Unit can advise on issues relevant to immigration, nationality and forced marriage and details can be found in guidance^[50].

77. Where someone has been a victim of domestic abuse, there is relevant domestic abuse legislation including the Domestic Abuse (Scotland) Act 2018^[51]. This Act creates an offence of engaging in a course of abusive behaviour towards a partner or ex-partner.

78. The Domestic Abuse (Scotland) Act 2018^[52] also created a requirement for a court to consider imposing a non-harassment order on an offender convicted of a domestic abuse offence to protect their victim from further abuse.

Civil remedies

79. In addition, the following civil remedies may offer some protection or assistance to an adult who is being, or has been, forced into marriage:

• An interdict. It is possible to attach a power of arrest to an interdict under the Protection from Abuse (Scotland) Act 2001.^[53]
• A non-harassment order under the Protection from Harassment Act 1997.^[54]
• A declarator of nullity of marriage or civil partnership; and
• Divorce or dissolution.

Protecting adults at risk of harm

80. There are a range of protective measures under legislation including the Adult Support and Protection (Scotland) Act 2007 (which applies to people 16 years old and older),^[55] the Adults with Incapacity (Scotland) Act 2000^[56] (which also applies to those aged 16 years and older) and the Mental Health (Care and Treatment) (Scotland) Act 2003,^[57] which can protect adults at risk. In certain circumstances, the police can intervene to protect adults at risk.

Protecting children at risk of harm

81. Child protection processes should be considered for any child up to the age of 18. If a child or young person under the age of 18 is thought to be at risk of forced marriage, an immediate child protection referral to police and/ or social work should be considered.^[58]

82. When necessary, statutory powers to protect children from forced marriage can be employed. For example, the Children's Hearing (Scotland) Act 2011^[59] details the provisions available to protect children from harm, including forced marriage, through the Children's Hearings System. Under that Act, any person or agency can refer a child to the Principal Reporter but local authorities and the police must refer a child when they consider that a child is in need of protection and that it might be necessary for a compulsory supervision order to be made in relation to the child^[60]. The Act also outlines emergency child protection measures such as child protection orders which can be sought when there is an immediate risk of harm, this may include when there is reasonable grounds to believe a child is being forced to marry even if there is intention to remove the child from the UK to be married. Further detail relating to child protection and forced marriage can be found in the National Guidance for Child Protection 2021 section on honour based abuse and forced marriage^[61].

Protecting children's rights

83. The Scottish Government is committed to ensuring that children's rights are respected, protected and fulfilled. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the UNCRC Act)^[62] was passed by the Scottish Parliament on 16 March 2021 and came into force on 16 July 2024. The UNCRC (Incorporation) (Scotland) Act 2024 incorporates the UNCRC into the law in Scotland (so far as it is within the limits of legislative competence).