UNCRC (Incorporation) (Scotland) Act 2024 - part 2: statutory guidance

Footnotes

1 Scotland has a legislative and policy definition for wellbeing which is expressed through the aspiration that every child and young person will be Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, and Included (SHANARRI.)

2 Public functions and private services: A gap in human rights protection | International Journal of Constitutional Law | Oxford Academic

3 Quark Fishing Ltd v Secretary of State for Foreign and Commonwealth Affairs (No.2) [2005] UKHL 57 para 85

4 Legislation may amend other enactments. Where this happens, text inserted into one enactment by another enactment is, for most legal purposes, considered to form part of the enactment into which it is inserted rather than being considered to be part of the enactment which inserted the text. The Act proceeds on this basis

5 R v Lambert [2002] 2 AC 545 – para 114

6 Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2004] 1 AC 546 at para 12

7 Aston Cantlow and Wilmcote with esley Parochial Church Council v Wallbank [2004] 1 AC 546 at para 12

8 Ferguson, E. (2022). Human Rights Reform and “Functions of a Public Nature”. The Edinburgh Law Review (26), 244-250.

9 Other arrangements can include publicly funded or grant aided provisions such as publicly funded early learning and childcare, publicly funded provision at independent schools, and grant aided educational provision.

10 listed in sub-paragraphs (i) to (iii)

11 Section 6 (4) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

12 United Nations (1989). Convention on the Rights of the Child. [online] OHCHR.

13 What equality law means for you as an education provider: schools

14 Direct and indirect discrimination | EHRC

15 Disability discrimination in school

16 Refworld | 2021 UNHCR Best Interests Procedure Guidelines: Assessing and Determining the Best Interests of the Child

17 UN Committee on the Rights of the Child (CRC), General comment No. 21 (2017): Children in street situations, 21 June 2017, CRC/C/GC/21

18 UN Committee on the Rights of the Child (CRC), General comment No. 21 (2017): Children in street situations, 21 June 2017, CRC/C/GC/21

19 UN Committee on the Rights of the Child (CRC), General comment No. 7 (2005): Implementing Child Rights in Early Childhood, 20 September 2006, CRC/C/GC/7/Rev.1. [online]

20 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, 27 November 2003, CRC/GC/2003/5

21 UN Committee on the Rights of the Child (CRC), General Comment No. 12 (2009) The right of the child to be heard. Save the Children’s Resource Centre

22 UN Children’s Fund (UNICEF) Implementation Handbook for the Convention on the Rights of the Child, September 2007

23 OHCHR (undated). Frequently Asked Questions on Economic, Social and Cultural Rights. Fact Sheet No 33

24 OHCHR (undated). Frequently Asked Questions on Economic, Social and Cultural Rights. Fact Sheet No 33

25 OHCHR (undated). Frequently Asked Questions on Economic, Social and Cultural Rights. Fact Sheet No 33

26 UN Children’s Fund (UNICEF) Implementation Handbook for the Convention on the Rights of the Child, September 2007

27 OHCHR (undated). Frequently Asked Questions on Economic, Social and Cultural Rights. Fact Sheet No 33

28 CRC, General comment No. 19 (2016) on public budgeting for the realisation of children’s rights (art. 4)

29 Committee on Economic, Social and Cultural Rights, General Comment No. 3, 1990

30 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 (paragraph 1) 6 December 2016, CRC/C/GC/20.

31 The Children and Young People’s Commissioner Scotland. What are evolving capacities?

32 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 (paragraph 1) 6 December 2016, CRC/C/GC/20.

33 The Children and Young People’s Commissioner Scotland. What are evolving capacities?

34 Lansdown, G. (2005). The Evolving Capacities of the Child

35 United Nations (1989). Convention on the Rights of the Child OHCHR.

36 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 (paragraph 18) 6 December 2016, CRC/C/GC/20.

37 United Nations (1989). Convention on the Rights of the Child OHCHR.

38 The Children and Young People’s Commissioner Scotland (2006). Article 12 - I have the right to be listened to and taken seriously.

39 The Children and Young People’s Commissioner Scotland. Interpreting the UNCRC

40 Scottish Government, 2019, United Nations Convention on the Rights of the Child: consultation analysis

41 Office of the High Commissioner of Human Rights, Days of general discussion

42 The format of the framework was based on Right First Time: A practical guide for public authorities in Scotland to decision-making and the law - third edition

43 Vienna Convention on the Law of Treaties, Article 31 “General rule of interpretation 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose”.

44 An example of this comes from the case of Ghaidan v Godin-Mendoza [2004] where the meaning of non- discrimination in section 3 of the HRA was extended to outlaw discrimination on the basis of sexual orientation although this was not explicitly stated on the face of the text.

45 UNCRC Article 7(1): The child shall be registered immediately after birth and shall have the right from birth to a name and, as far as possible, the right to know and be cared for by his or her parents.

46 Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 K.B. 223

47 Adapted from Scottish Government, 2023, Right First Time: A practical guide for public authorities in Scotland to decision-making and the law - third edition

48 Based on 1) Equality and Human Rights Commission, What are Human Rights and 2) Citizens Advice, When can a public authority interfere with your human rights?

49 Rules of procedure and working methods | OHCHR

50 United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 - section 2(3) first row of table