UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response

5. Children’s Rights

A) Overarching Children’s Rights Strategy

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 5(B) – Implementing the UN Convention on the Rights of the Child

Recent Progress and Next Steps

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill was reconsidered by the Scottish Parliament on 7 December 2023 and an amended version of the Bill was passed unanimously^[113]. Once commenced, the Bill will require the Scottish Ministers to create a Children’s Rights Scheme, setting out the arrangements to be put in place to secure compliance with the duties contained in the Bill and to secure better or further effect of the rights of the child. The Scheme will include arrangements for the Scottish Ministers to:

• Ensure children are able to participate in decision making with access to such support and representation (for example from children’s advocacy services as they require to do so);
• Use and promote the use of inclusive ways of communicating;
• Identify and address any situation where a child’s rights are (or are at risk of) not being fulfilled;
• Raise awareness and promote children’s rights;
• Promote child-friendly complaints processes that children can understand and use;
• Ensure children have effective access to justice;
• Protect children’s rights in relation to non-government bodies (e.g. public services delivered by third sector or private bodies);
• Consider the rights of children in the Scottish Government’s budget process;
• Prepare Child Rights and Wellbeing Impact Assessments

The Bill will require Scottish Ministers to report on the Scheme annually, including actions taken in the previous year and plans for taking forward children’s rights in the year ahead.

Work is ongoing to draft the first Children’s Rights Scheme and to prepare materials for a public consultation.

The Scheme is an important part of the framework established by the Bill to ensure there is regular consideration and scrutiny of the steps Ministers must take to ensure children’s rights are realised in practice and deliver improved processes and outcomes for children and young people throughout Scotland.

Section 13 of the UNCRC Bill provides that Scottish Ministers must review and publish a report on the Scheme as soon as practicable after the end of each reporting period.

Each report is required to include:

• a summary of the actions taken by Scottish Ministers during the reporting period for the purpose of: ensuring that they have complied with the duty under section 6(1) and securing better or further effect the rights of children;
• a statement as to whether or not they intend to amend the Scheme or make a new Scheme to replace it in light of the findings of their review, and;
• a summary of any actions that they intend to take in the next reporting period.

Before publishing a report, in deciding what actions for the coming year are to be included in the report, Ministers must undertake a consultation.

The annual report must be published in such a manner as the Scottish Ministers consider appropriate, laid before the Scottish Parliament as soon as practicable after it is published and be accompanied by a child-friendly version.

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.
• We live in communities that are inclusive, empowered, resilient and safe.
• We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.
• We are well educated, skilled and able to contribute to society.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 5 - Achieve gender equality and empower all women and girls.

B) Education

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 5(H) – Scottish Attainment Challenge
• 5(I) – Additional Support For Learning
• 5(J) – Bullying
• 5(N) Digital Inclusion in Schools

Recent Progress and Next Steps

Scottish Attainment Challenge

Data from 2021/22 for Achievement of Curriculum for Excellence (“ACEL”)^[114] showed the biggest single year decrease in the poverty-related attainment gap in relation to primary numeracy and literacy levels since records began (in 2016/17). This demonstrated positive progress in recovery from the impact of the Covid-19 pandemic.

Data published in June 2023 showed that the poverty-related gap amongst 2021/22 school leavers in positive destinations 9 months after the end of the school year was at a record low of 7%. This gap has narrowed from 18.7% in 2009-10.

Local authorities set stretch aims^[115] for progress in closing the poverty-related attainment gap in the 2022/23 which were published in December 2022. Progress based on national data will be evident into the next academic year.

We remain committed to the Scottish Attainment Challenge^[116] and to closing the poverty-related attainment gap. Having set local stretch aims for closing the poverty-related attainment gap in the 2022/23 academic year, local authorities are now required to set stretch aims for the next three academic years through to 2025/26.

The Scottish Government will also continue to evaluate the Scottish Attainment Challenge programme.^[117]

Additional Support for Learning

The latest Additional Support for Learning progress report^[118], published in November 2022, confirmed that, at that time, 24 of the 76 actions had been completed. In order to secure progress on delivery of the actions at pace, the Scottish Government and COSLA have established the ASL Project Board. The role of the Project Board is to oversee the delivery of the ASL Action Plan^[119] and associated workstreams.

Throughout the life of this plan there has been continued progress towards the achievement of these actions, and this has continued since the publication of the last report in November. We expect to see more progress before the next progress report in May 2024.

Bullying

In February 2023, Education Scotland published the findings of its thematic inspection of the use of the recording and monitoring of incidents of bullying in schools.^[120]

We are now undertaking a review of the national anti-bullying guidance, Respect for All.^[121] In March 2023, we established a working group, made up of key stakeholders, to update the guidance and better support schools to prevent and respond to bullying. We expect the updated guidance to be published in 2024.

Our work on the review is being informed by Education Scotland’s thematic inspection of the use of recording and monitoring of incidents of bullying in schools. Education Scotland are currently undertaking a second phase of the thematic inspection which will look at good practice in how schools are responding to bullying, to be published later this year. The findings will inform our future work.

The Scottish Government continues to fully fund respectme^[122], Scotland’s anti-bullying service. respectme works with all adults who have a role to play in the lives of children and young people to give them the practical skills and confidence to deal with bullying behaviour.

See further information at: Approaches to recording and monitoring incidents of bullying in schools (education.gov.scot)

Digital Inclusion in Schools

We are committed to improving digital access for pupils and are working with local government partners to maximise the value which digital technologies, and approaches, can add to teaching and learning experiences across the breadth of the curriculum.

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.
• We are well educated, skilled and able to contribute to society.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.

C) Physical Punishment of Children and Child Abuse

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 5(Q) – Physical Punishment of Children

Recent Progress and Next Steps

In relation to recommendations 222, 231, 232, 238 and 239 - The Children (Equal Protection from Assault) (Scotland) Act 2019 is now in force. The Implementation Group for this Act continues to meet on occasional basis.

In relation to recommendation 231 - The Age of Criminal Responsibility (Scotland) Act 2019 increased the age of criminal responsibility from 8 years to 12 years (the highest age within the UK). The Act fully commenced in December 2021. The Act places a duty on Ministers to review the operation of the Act with a view to considering a future age of criminal responsibility within 3 years of commencement.

The Scottish Government is planning to make updates to the web-based public-facing information on physical punishment of children.

The Scottish Government will also be running focus groups with key bodies and individuals affected by the legislation to examine the impact of the Act on various sectors and groups of people.

A review of the evidence on the physical punishment of children is available at: https://cypcs.org.uk/wpcypcs/wp-content/uploads/2020/03/Equally-Protected.pdf

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.
• We live in communities that are inclusive, empowered, resilient and safe.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

D) Families

Recommendation(s) and Responses

Relevant section(s) of the October 2022 UPR Position Statement

N/A

Recent Progress and Next Steps

The Scottish Government is committed to supporting the family in all its diverse forms. We support families in all forms including where parents are mixed sex; same sex; lone; shared parenting after separation and regardless of whether parents are married; in a civil partnership; co-habiting; or no longer together. The Scottish Government also supports other family members such as grandparents. In all cases, the welfare and wellbeing of children is paramount. The Scottish Government considers that parents are usually the best people to bring people up although the state may have to intervene in certain circumstances (e.g. child protection).

The Scottish Government supports parents and carers to be able to lay strong foundations for loving, nurturing relationships that we know are integral to children’s emotional, physical, socio-economic and educational well-being. We do this by investing in the third sector who play a critical role in our ambition to improve outcomes for our children, young people, and their families.

Through the Children, Young People and Families Early Intervention & Adult Learning and Empowering Communities (CYPFEI & ALEC) third sector fund we have committed £29 million in core funding to 115 third sector organisations until March 2025. This funding aims to Keep the Promise, tackle child poverty, provide family support, implement Children’s Rights, and promote positive mental and physical health and wellbeing to children and young people and their families.

Organisations such as One Parent Families Scotland, Shared Parenting Scotland, Relationships Scotland, The Spark, NSPCC, Home-Start all receive core funding through this fund to support children, young people and their families via direct support and a range of programmes designed to deliver whole family support from pregnancy, the early years and beyond. The Scottish Government also gives funding directly to Shared Parenting Scotland, to support separated parents and progress their New Ways for Families training programme, and to Relationships Scotland to provide child contact services for separated parents and their children.

The Scottish Government recognises that grandparents can be an important source of support for their grandchildren particularly in times of a family crisis, such as when parents separate or divorce. We have been promoting the Charter for Grandchildren^[124], which forms part of the Scottish Government’s Your Parenting Plan^[125], with key bodies in Scotland. The Charter highlights the role that grandparents, and the wider family, can play in a child’s life.

On the 7 December, the Scottish Parliament unanimously passed an amended UNCRC Bill. When commenced, its provisions will make it unlawful for public authorities, including the Scottish Government, to act incompatibly with the UNCRC requirements within the scope of the Bill.

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 5 - Achieve gender equality and empower all women and girls.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.