Progressing children's rights in Scotland: an action plan 2018 to 2021 - consultation

4. Strategic and Specific Actions

4.1 This consultation seeks views on a number of strategic actions that we think can collectively deliver transformational change in how children and young people experience their rights. Each of the proposed strategic actions are set out in detail below.

Strategic Participation Framework

4.2 It is proposed that a key action within the Action Plan would be the commitment to scope out, in consultation with children and young people and relevant partners, the development of a strategic framework to better support the participation of children and young people at national and local levels.

4.3 We are currently developing a more coordinated, systematic and sustainable approach to engaging with children and young people at national and local levels, with our focus to date on developing this approach at national level. Examples include:

• Our annual Cabinet meeting with children and young people, which has now taken place twice in 2017 and 2018, and is the only meeting of its kind to take place in the UK. Actions are collectively agreed at the meeting by children, young people and Cabinet members and are then taken forward by the Scottish Government over the coming year and reported on prior to the next meeting. This meeting demonstrates our real commitment to ensuring that children and young people’s voices are listened to and taken seriously at the highest level in government.
• We work closely with national youth information and citizenship organisations to help children and young people to participate in and influence local and national activities and decisions. Through these organisations, children and young people have given us their views on a wide range of topics - including the age of criminal responsibility, mental health, STEM strategy and child poverty.
• We are raising awareness across the Scottish Government of the importance of engaging with children and young people during policy and Bill development. One example is our Children and Young People Community of Interest, whose aim is to join up work across the Scottish Government so that we deliver ambitious, coordinated policy for children and young people, which meets two to three times a year to discuss topical issues.

4.4 However, we recognise that more could be done. We want to make sure that: participation of children and young people becomes mainstreamed across Scotland, both at national and local levels, and includes more vulnerable groups and younger children as a matter of course; children and young people’s views are heard on issues of national significance, such as Brexit; local areas are given more support to engage with children and young people when making local decisions that affect them; and that children and young people are empowered so that they can confidently express their views as Human Rights Defenders.

4.5 We believe that the time is right for us to start to develop a strategic participation framework during the Year of Young People ( YoYP). We have this incredible opportunity to strengthen the voices of children and young people even further and make sure that they can significantly influence public services and decisions which affect their lives.

4.6 Initial thinking is that the proposed framework would include:

• utilisation of digital methods and platforms to support wider engagement with children and young people in an efficient and effective manner;
• a system to match demand for participation to capacity, with the aim of taking a more strategic Scottish Government approach to participation;
• a central resource to enable Scottish Government business areas to engage with children and young people on policy and legislation and increase the capacity of the third sector to undertake this work;
• an evidence base of existing research and new learning about best practice in participation.

4.7 Another key aim of the framework over the 3 year period will be to ensure the participation of children and young people in decisions associated with the UK’s withdrawal from membership of the EU, given the long-term implications of Brexit, especially for young people.

4.8 Feedback received to date from children and young people demonstrates strong support for measures which can further promote the participation of children and young people, particularly the most vulnerable, in the decisions that affect them.

Raising Awareness of Children’s Rights

4.9 Fundamental to embedding children’s rights fully within Scottish society, is a Scotland wide knowledge and understanding of children’s rights and how to act on them. Under s.1(3) of the 2014 Act, Scottish Ministers have a duty to promote public awareness and understanding of the rights of the child, including among children and young people themselves. A range of specific actions to raise awareness of children’s rights, and wider human rights, has been taken forward since the duties first commenced in 2015, including through activities as part of the 2018 Year of Young People.

4.10 In addition, the Programme for Government 2017-18, "A Nation with Ambition” , includes the commitment to take forward a three-year programme to raise awareness of children’s rights, including among children and young people. The Scottish Government is aware that the effective delivery of this commitment will require Ministers and key stakeholders, including public bodies, civil society and children and young people themselves, to work together collectively and in partnership. For this reason, we intend to shape, plan and implement a programme of activity with partners using a model of co-production.

4.11 Subject to discussions with partners, we expect that the programme will target all duty bearers under the UNCRC, including local authorities, relevant public bodies, and professionals delivering key services for children and young people. The programme will also seek to raise awareness of the Convention and the rights of children amongst parents and carers and children and young people themselves. A partnership approach will also be taken to planning the programme, implementation and evaluation

4.12 Feedback from children and young people has demonstrated considerable support for the development of a comprehensive programme for raising awareness of the rights of the child across all sectors of Scottish society and has stressed the important contribution that this would make towards the ongoing development of a rights-based culture across Scotland.

Embedding the UNCRC

4.13 The Programme for Government 2017-18, included the commitment to undertake a comprehensive audit on the most effective and practical way to further embed the principles of the UNCRC into policy, practice and legislation, including the option of full incorporation into domestic law.

4.14 The audit is now underway and will look across legislative and delivery issues relevant to children’s rights and the principles underpinning the UNCRC. Work around the audit will seek to include the views of children and young people.

4.15 The audit, and the findings of this exercise, will be the key focus of Scottish Government activity in considering how the rights of the child might be taken forward over the next 3 year period. The audit team will liaise with the First Minister’s Advisory Group on Human Rights Leadership ^[2] on matters of mutual interest.

Evaluation of the Child Rights and Wellbeing Impact Assessment ( CRWIA)

4.16 Consistent with Ministers’ commitment to mainstream responsibilities for children’s rights, the Child Rights and Wellbeing Impact Assessment ( CRWIA) was introduced in June 2015 to ensure that all areas of the Scottish Government consider the possible direct and indirect impacts of proposed policies and legislation on the rights and wellbeing of children and young people. The CRWIA, which was developed by a children’s rights expert, in consultation with relevant stakeholders, is used across the Scottish Government as a key tool in the development of rights-based policy. ^[3]

4.17 Although not a statutory requirement, there is a clear Ministerial expectation that CRWIAs will be undertaken for all new policies and legislation, in line with the duty on Ministers to consider children’s rights under Part 1 of the 2014 Act.

4.18 Guidance on the CRWIA approach has also been published for use by public authorities (and other organisations) when developing and refreshing local policies and procedures, should they wish to use this resource.

4.19 Given the important contribution of the CRWIA in delivering Ministers’ ambition to place children and young people at the centre of relevant policy decisions, it is proposed that an evaluation of the current CRWIA should be commenced by 2020, a full five years after its introduction.

Specific Actions Relevant to Securing Better or Further Effect of the UNCRC Requirements

4.20 As discussed above, responsibilities for children’s rights are mainstreamed across all areas of the Scottish Government, with actions for progressing the UNCRC included within a number of Scottish Government action plans, frameworks and other key documents, many of which have their own arrangements for monitoring progress and delivery of specific actions and commitments.

4.21 It is not proposed that the Action Plan should duplicate all of the actions being taken forward currently via these wider initiatives. However, we would welcome views on any specific actions, not currently included in these documents, which you consider should also be included within the Action Plan.

Proposed Strategic Actions

Question 2: Do you agree that the 4 proposed strategic actions are appropriate and will help to take forward the principles of the UNCRC?:

• i. Development of a dynamic Participation Framework for Children and Young People. Yes/No

• ii. Ambitious delivery, through co-production, of the 3 year children’s rights awareness programme. Yes/No

• iii. Progressing the comprehensive audit on the most effective and practical way to further embed the principles of the UNCRC into policy, practice and legislation, including the option of full incorporation into domestic law. Yes/No

• iv. Evaluation of the Child Rights and Wellbeing Impact Assessment ( CRWIA). Yes/No

Question 3: Are there ways in which the proposed strategic actions listed above could be further strengthened? – please specify.

Question 4: Are there additional or alternative strategic actions that the Scottish Ministers should consider? – please specify.

Question 5: Are there any specific actions – not currently being progressed within a wider Scottish Government action plan, framework or other initiative, - that should be considered for inclusion within the Action Plan?