Publication - Advice and guidance
UNCRC (Incorporation) (Scotland) Act 2024 - part 2: statutory guidance
Draft guidance providing accessible information which supports public authorities to understand and fulfil their duties under section 6 of the United Nations Convention on the Rights of the Child (UNCRC) Act, and to secure better or further effect of children’s rights.
Annex E. List of links
1. Preface
3.1 Children’s rights are human rights
- Universal Declaration of Human Rights
- Nine core international human rights instruments
- UN Convention on the Rights of the Child (UNCRC)
- Charter of the United Nations
3.2 Incorporation history in Scotland
3.3 Meaning of the ‘UNCRC requirements’
3.4 International human rights context
- Human Rights Act 1998
- European Convention on Human Rights (ECHR)
- Recommendations of the National Taskforce for Human Rights Leadership
- Public Consultation on a Human Rights Bill for Scotland
4.1 Introduction to Part 2 and overview of guidance
4.2 Remedies for unlawful acts (sections 7 to 10A)
4.3.1 Definition of functions of a public nature
4.4. Explanation of the duties on public authorities in Part 2, section 6
- Non statutory guidance on taking a children’s human rights approach
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
A.1. Four general principles of the Convention
- Article 2 of the United Nations Convention on the Rights of the Child
- What equality law means for you as an education provider: schools - Equality and
- Human Rights Commission
- Disability discrimination in school - Contact
- UN Committee on the Rights of the Child (CRC) - General Comment 14
- UNHCR - Best Interests Procedure Guidelines: Assessing and Determining the Best
- Interests of the Child
- UN Committee on the Rights of the Child (CRC) - General Comment No. 21 (2017): on children in street situations, 20 June 2017
- UN Committee on the Rights of the Child (CRC) - General comment No. 7 (2005): Implementing Child Rights in Early Childhood, 20 September 2006
- 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
- 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
- UN Children’s Fund (UNICEF) - Implementation Handbook for the Convention on the Rights of the Child, September 2007
A.2 Respecting, protecting and fulfilling children’s rights
A.3. Progressive realisation
- OHCHR - Frequently Asked Questions on Economic, Social and Cultural Rights
- UNICEF - Implementation Handbook For The Convention On The Rights Of The Child
- Non-statutory guidance on taking a children’s human rights approach
A.4 Maximum available resources
A.5 Evolving capacity
- UN Committee on the Rights of the Child (CRC) - General comment No. 19 (2016) on public budgeting for the realisation of children’s rights (art. 4)
- UN Committee on the Rights of the Child (CRC) - General comment No. 3: The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant)
- 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
The Children and Young People’s Commissioner Scotland - What are evolving capacities?
- UNICEF - The Evolving Capacities of the Child - G Lansdown
- United Nations - Convention on the Rights of the Child
- 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
- The Children and Young People’s Commissioner Scotland - Article 12 - I have the right to be listened to and taken seriously
B.1 Committee on the Rights of the Child
- Independent Experts on the Committee on the Rights of the Child
- Committee on the Rights of the Child - Reporting guidelines
- The Children and Young People’s Commissioner Scotland - Interpreting the UNCRC
- United Nations High Commissioner for Human Rights (OHCHR) website
B.2 General Comments
- UN Committee on the Rights of the Child (CRC) - General Comments
- UN Committee on the Rights of the Child (CRC) - General Comment 5
- UN Committee on the Rights of the Child (CRC) - General Comment 12
- UN Committee on the Rights of the Child (CRC) - General Comment 10
- UN Committee on the Rights of the Child (CRC) - General Comment 14
- UN Committee on the Rights of the Child (CRC) - General Comments - Database
- United Nations Convention on the Rights of the Child: consultation analysis
B.3 Days of General Discussion
- UN Committee on the Rights of the Child (CRC0 - Days of General Discussion
- UN Committee on the Rights of the Child (CRC0 - Days of General Discussion - Full list of topics and reports
C. Framework for reviewing compatibility with UNCRC requirements (section 6 duty)
- Right First Time: A practical guide for public authorities in Scotland to decision-making and the law - third edition
- Getting Ready for UNCRC Framework
C.1.3. Views of children and their parents, carers and families on the measure or function
C.2.3. Assessing impact on children and their rights
C.2.4. Assurance & accountability: reasonableness, proportionality, and seeking legal advice
- Judge Over Your Shoulder (JOYS) - A guide to the legal environment in which decisions in public bodies are made
- Right First Time: A practical guide for public authorities in Scotland to decision-making and the law - second edition
- Understanding human rights - Equality and Human Rights Commission
- When can a public authority interfere with your human rights? - Citizens Advice
C.3.1. Mitigation & action plans: what to do if review identifies concerns
Contact
Email: uncrcincorporation@gov.scot
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