Publication - Advice and guidance
UNCRC (Incorporation) (Scotland) Act 2024 - part 2: statutory guidance - draft
This draft guidance was superseded by final guidance published in September 2024.
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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