The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022: child rights and wellbeing impact assessment

1. Which articles of the UNCRC does this policy/measure impact on?

Article 2 - Non-discrimination

Children should not be discriminated against in the enjoyment of their rights. No child should be discriminated against because of the situation or status of their parent/carer(s).

Article 3 - Best interests of the child

Every decision and action taken relating to a child must be in their best interests. Governments must take all appropriate legislative and administrative measures to ensure that children have the protection and care necessary for their wellbeing – and that the institutions, services and facilities responsible for their care and protection conform with established standards.

Article 4 - Protection of rights

Governments should undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the UNCRC.

Article 5 - Parental guidance and a child's evolving capacities

Governments must respect the rights, responsibilities and duties of parents and carers, as well as members of the extended family, to direct and guide the child in the exercise of their rights.

Article 12 – Respect for the views of the child

Every child has a right to express their views and have them given due weight in accordance with their age and maturity. Children should be provided with the opportunity to be heard, either directly or through a representative or appropriate body.

Article 18 – Parents or legal guardians to have primary responsibility for the upbringing of the child

Parents, or legal guardians, have the primary responsibility for the upbringing and development of the child, and should always consider what is best for the child. Governments must provide appropriate assistance to parents and carers to help them.

Article 23 – Children with disabilities

A disabled child has the right to enjoy a full and decent life in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community. Governments must recognise the right of the disabled child to special care, and ensure the disabled child has effective access to education, training, health care, rehabilitation, preparation for employment, and recreational opportunities.

Article 24 - Right to health and health services

Every child has a right to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. Governments must strive to ensure that no child is deprived of his or her right of access to such health care services and take appropriate measures to ensure full implementation of this right.

Article 26 – Social security

Every child has a right to benefit from social security, taking into account the resources and circumstances of those who have responsibility for the child.

Article 27 – Adequate standard of living

Every child has a right to a standard of living adequate to their physical, mental and social development. Governments should take measures to assist parents and carers who cannot afford to provide this, and in particular to provide assistance and support with food, clothing and housing.

Article 28 – Right to education

Every child has the right to education. Governments must recognise this with a view to achieving this right progressively and on the basis of equal opportunity.

Article 31 - Right to leisure, play and participation in cultural and artistic activities

Every child has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. Governments must respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.