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

6. Policy intention of children’s rights reports under section 18 of the Act

Submission of reports to Scottish Ministers will provide the Scottish Government an opportunity to capture learning and share good practice examples. This will support ongoing quality improvement and innovation in relation to child rights based practice and compliance with the UNCRC requirements as defined by the Act.

Scrutiny of, observation and comment on the reports is also intended to come from children and young people themselves as well as families, practitioners, the wider community, public bodies and civil society. Listed authorities may find it helpful to give consideration of how, or if, they intend to respond formally and publicly to feedback or scrutiny. For example, this could include an ongoing programme of dialogue through local youth forums or published questions and answers.

6.1 Scottish Government use of children’s rights reports

Section 18(5) requires listed authorities to send a copy of the published reports to Scottish Ministers following publication. The Scottish Government recognises the value of the reporting process to increase transparency and accountability around progress on children’s rights. In turn, these actions help drive cultural change across listed authorities and wider society, ensuring that children’s rights are given effect fully in practice.

Therefore, the Scottish Government will consider the content of the submitted reports to promote learning and good practice. This may include some of the following activities:

• development of good practice case studies for inclusion in training materials, communication, or events.
• development of intelligence or insight into emerging issues or trends.
• identification of areas where further guidance or training may be required.
• supporting learning and development in relation to good practice in the creation of accessible reports for children and young people.
• supporting the wider evidence base that demonstrates Scotland’s progress in upholding and progressing children’s rights.

This section of the guidance will be updated as the reporting process develops and lessons are learned from the first set of reports.

All States Parties are obliged to submit regular reports to the UN Committee on the Rights of the Child (UN Committee) on the steps they have taken to put the UNCRC into effect and on progress in protecting and promoting children’s rights in their countries. Scottish Ministers are required to contribute to the UK report (approximately every eight years) to the UN Committee on the Rights of the Child. As there is a very strict word limit on the contribution, Scotland may also publish a standalone Scottish Children’s rights position statement.

The Scottish Government may use material from reports (prepared by listed authorities under the section 18 duty) to help evidence its own contribution to the UK response to the UN Committee on the Rights of the Child. As part of this process of utilising evidence from different sources, the Scottish Government may cite and illustrate activity within the children’s rights reports prepared by listed authorities for this purpose.