UNCRC (Incorporation) (Scotland) Act 2024 - part 3: statutory guidance

2. Aim and scope of this guidance

This guidance is issued by Scottish Ministers on a statutory basis to promote understanding, implementation and operation of Part 3 of the Act. The guidance will be of assistance to anyone who wishes to use it for this purpose, and especially to authorities listed under section 19 of the Act.

The Scottish Government recognises the vital role that those providing public services play in delivering improved outcomes for children, young people and their communities. The full realisation of children’s rights requires proactivity on the part of all public services and not only those working with children and young people.

All decisions made in relation to the delivery of public services may impact on the rights of children and young people. It is important for all those undertaking public functions to consider children’s rights in their work. Consideration of children’s rights should be evident across all public service delivery. This guidance aims to provide meaningful support for this purpose to any organisation that is a ‘public authority’ as defined in sections 6(5), (6), (7) and (8) of the Act, and specifically those listed under section 19 of the Act.

How is the guidance to be used?

This guidance is intended to promote understanding of Part 3 of the Act, promote child rights respecting practice, and includes information to support listed authorities in working together in the implementation and operation of their duties. Listed authorities retain discretion on the implementation and operation of their duties under Part 3 of the Act, and may wish to consider this guidance in that regard.

How was the guidance developed?

This guidance was developed in consultation with representative public authorities, including those delivering public services, third sector organisations and children’s rights bodies. In addition, feedback from a 12-week public consultation including children and young people, the Scottish Human Rights Commission (SHRC) and the Children and Young People’s Commissioner Scotland (CYPCS), has informed the final version.