United Nations Convention on the Rights of the Child: consultation analysis

3. Theme 2

The focus of the questions under theme 2 of the consultation was embedding children’s rights in public services.

3.1 Question 13

Do you think that a requirement for the Scottish Government to produce a Children’s Rights Scheme, similar to the Welsh example, should be included in this legislation? Please explain your views.

Option	Total	Percentage
Yes	116	72%
No	14	9%
Don’t know	0	0%
Not answered	18	11%
Not specified	14	9%
		n=162

 

Option	Total	Percentage
Yes	116	89%
No	14	11%
Don’t know	0	0%
		n=130

A total of 126 respondents provided written comments to explain their views. These are the key views which arise, in order of frequency, in responses from those who agreed that a requirement for the Scottish Government to produce a Children’s Rights Scheme should be included in this legislation. 

The most popular view expressed by respondents was that producing a Children’s Rights Scheme would contribute to greater accountability and establish a system by which the Scottish Government and Scottish Ministers can demonstrate they are acting in compliance with their duties under the UNCRC. This view was expressed by just over a third of those who provided comments (47 respondents). These respondents noted that a model similar to that currently used in Wales would help hold Ministers, the government and other public bodies to account for their actions. This view was expressed by just under half of third sector organisations (36 respondents) and just over a quarter of public bodies (7 respondents). It was also raised by 2 out of 21 individuals and 1 out of 5 academics.  

“We believe this is important in order to establish a system by which the Scottish Government and Scottish Ministers can demonstrate they are acting in accordance and in compliance with their duties under the UNCRC. It also helps foster an environment where children’s rights are considered at the beginning of any decision-making process. Such a scheme would also help to improve transparency about the processes Ministers are following.”  (Charity / non-profit organisation)

“We need a shift in our thinking and understanding about the impact our children and young people can have on policy and practice development. Too often adults are not prepared to pass over responsibility and allow change to happen. The Welsh example makes services accountable and asks them to demonstrate that they have changed their practice to include the voices of CYP in policy and practice decisions.”  (Charity / non-profit organisation)

Just over a quarter of those who provided comments (33 respondents) welcomed the Children’s Rights Scheme as a way of helping to create opportunities for children, young people and wider stakeholders to inform how the UNCRC is implemented. These respondents felt that children and young people should be consulted and meaningfully involved in the development and review of the Children’s Rights Scheme. Several respondents referred to the wording of the draft Children’s Rights (Scotland) Bill, as prepared by the Incorporation Advisory Group, and agreed with requiring the Scottish Government to undertake a broad consultation with children, young people and with the Children and Young People’s Commissioner Scotland in order to develop the Children’s Rights Scheme. Respondents went on to recommend additional opportunities for children and young people and others to scrutinise progress and to engage with decision making. This point was raised by just under two-fifths of third sector organisations (28 respondents) and just over a tenth of public bodies (3 respondents). It was also raised by 2 out of 5 academics. 

“In particular, we welcome the opportunities that could be provided for children, young people and other relevant stakeholders to engage with and contribute to the development, implementation and review of the scheme. Providing opportunities for people to take part in and scrutinise decisions which affect them is a key element of a human-rights based approach to decision-making.”  (Charity / non-profit organisation)

“It has introduced a new and important dynamic in the relationship between children, children’s representatives and government in Wales. This begins with the development of a scheme. The Measure provides for children and their representatives, including the Children’s Commissioner to participate in the development of a scheme. This was highly significant in Wales where Ministers (via their officials) engaged in dialogue with stakeholders over the content of the scheme. In this way stakeholders were able to influence the mechanisms and structures to give effect to children’s rights in Wales.” (Academic organisation)

Linked to the remarks about children and young people’s participation in decision-making, a quarter of respondents who provided comments (31 respondents) pointed to the key role played by CRWIA’s and that a Children’s Rights Scheme should be supported by CRWIA’s. Respondents noted that CRWIA’s are already introduced in Scottish Government policy and is being rolled out to other organisations, but that this should be strengthened and made mandatory for drafting new policy and legislation. This issue was raised by just over a third of third sector organisations (25 respondents) and just under a fifth of public bodies (4 respondents). It was also raised by 1 out of 21 individuals and 1 out of 5 academics.

“Child-proofing legislation and policy through child impact assessments is also an important instrument. There are good examples of child impact assessments being introduced in the legislative review process. For example, Sweden, has had a system of child impact assessment for some years as part of its wider National Children’s Rights Strategy. More recently, the Flanders Region in Belgium has introduced an evaluation process, which must be conducted for every draft decree that directly impacts the interests of young people.” (Children’s Right/ Children’s organisation)

“Furthermore, there should be a statutory duty for Child Rights and Wellbeing Impact Assessments to be undertaken as standard in the development of future policy and there should be regular reporting and accountability to Parliament on this.” (Charity/Non-profit)  

Over a fifth of those who provided comments (26 respondents) noted that a Children’s Rights Scheme would strengthen or embed children’s rights. A Children’s Rights Scheme was seen as a way to enact the practical implementation of legislative duties and respondents welcomed an approach that encourages and enables the embedding of children’s rights. This view expressed by over a quarter of third sector organisations (19 respondents) and a fifth of public bodies (5 respondents). It was also raised by 1 out of 21 individuals and 1 out of 5 academics. 

“Legal change will be insufficient to make rights real for children and so a range of integrated measures are needed.” (Charity/Non-profit)  

“We believe that a key part of making UNCRC rights ‘real’ in a Scottish context is about embedding children’s rights in public service, discourse and understanding. This is a key part of ‘upstream’ interventions which will support policy makers, legislators, and key stakeholders to protect children’s rights from the outset, and minimise incidences of children’s rights being breached.” (Charity/Non-profit)  

Over a tenth of those who provided comments (19 respondents) expressed the view that a Children’s Rights Scheme would help to ensure transparency in the realisation of children’s rights and noted that it could prove useful in ensuring that robust processes are in place and in demonstrating those processes. This Children’s Rights Scheme could bring together the various plans and exercises across legislation and different agencies in a way that is more transparent and accessible. Respondents further noted that the Children’s Rights Scheme should incorporate clear and transparent complaints procedures and clear steps setting out what children, young people or their representatives can do if they think Ministers have not had due regard for the UNCRC. This view was expressed by a little under a fifth of third sector organisations (12 respondents) and just over a tenth of public bodies (3 respondents). It was also raised by 1 out of 21 individuals and 2 out of 5 academics. 

“The Children’s Rights Scheme ensures transparency as to how the Scottish Government are implementing a Children’s Rights Act. It also gives opportunity for children and young people and civil society to engage with the Government and hold them to account regarding their progress under the Act.” (Children’s Right/ Children’s organisation)

“A Children's Rights Scheme, such as the one set out in the draft Bill, would mean that everyone would know (or could find out) what specific steps the Scottish Government were proposing to take.” (Individual)

Fewer than ten per cent of respondents thought that a Children’s Rights Scheme should not be included in the legislation with respondents tending to express that explaining that it was either not needed in legislation or that there was a risk of causing confusion or diluting rights. 

3.2 Question 14

Do you think there should be a ”sunrise clause” within legislation? Please explain your views.

Option	Total	Percentage
Yes	50	31%
No	53	33%
Don’t know	20	12%
Not answered	22	14%
Not specified	17	10%
		n=162

 

Option	Total	Percentage
Yes	50	41%
No	53	43%
Don’t know	20	16%
		n=123

A total of 118 respondents provided written comments to explain their views. These are the key views which arise, in order of frequency, in responses from those who agreed that there should be a ”sunrise clause” within legislation.

The most popular view conveyed by respondents was that duty bearers will need to assess and make changes to current policies and procedures where required to ensure that they are compliant with the new Act. This includes duty bearers participating in the development and implementation of the rights. This view was raised by just over a third of all respondents who provided comments in response to this question (42 respondents). Respondents commented that creating a two-stage process with a first transitional period would allow time for public authorities and duty bearers to ensure their policies and practices are aligned with the rights in the new Act. At the end of the transitional period, duty bearers would be under a duty to comply, with clear timelines and clarity given to the process. This view was also most prominent in responses by public bodies with two thirds of respondents raising the view (19 respondents). It was raised by under a quarter of third sector organisations (16 respondents) and under a fifth of individuals (3 respondents). It was also raised by 2 out of 2 of legal professions/organisations and 1 out of 5 academics.

“This bill will have a profound and far-reaching effect on the lives of children and young people and their families, and particularly on some of the most vulnerable. It is important therefore for public authorities are given the time to get it right: to be able to develop, trial and refine their structure and to accommodate any unforeseen consequences.” (Religious / Faith Group)

Over a quarter of all respondents who provided comments in response to this question (31 respondents) noted that duty bearers should be required to provide necessary training, awareness raising and workforce development activities to ensure knowledge and understanding of a new Act. Respondents mentioned that increasing knowledge and awareness about the UNCRC among children, young people, county council and government agencies through knowledge-enhancing measures would be needed. This would include assessing the impact of new legislation, identifying gaps in provision and services, developing and implementing new processes and developing and delivering awareness-raising activities among staff. This would ensure continued and systematic transformation work with duty bearers fully prepared for a new Act. Over two-fifths of public bodies (12 respondents) and under a quarter of third sector organisations expressed this view (15 respondents). This point was also raised by 2 out of 2 legal professions/organisations and 1 out of 5 academics. 1 individual out of 18 also expressed this view. 

Over a fifth of respondents who provided comments in response to this question (26 respondents) felt that duty bearers require a clear timeframe in order to prepare and ensure that services and policies are compliant. These respondents commented that having a clear, definitive timeline for preparation and compliance would be preferred than to delay the date the legislation is enacted. This will ensure that duty bearers are aware of what’s expected of them and ensuring that their policies and procedures are compliant within the given timeframe. This view was expressed by around half of public bodies (12 respondents). Under a fifth of third sector organisations raised this point (10 respondents). It was also raised by 2 out of 5 academics, and 1 out of 2 respondents from a legal profession/organisation. 1 individual out of 18 also expressed this view.

“These changes are vast, systemic, cultural and attitudinal, and may take a generation to be fully realised. We should not try to do this overnight and we should be strategic and systematic in our approach to the work. Agreed definite milestones should be identified in a series of ‘sunrise’ clauses, and that the purpose of any such clause would be to eliminate drift and ensure progress towards clearly stated legislative objectives.” (Public body)

Just under a tenth of all respondents who provided comments in response to this question (8 respondents) noted that allowing a”sunrise clause” would enable duty bearers to fully embed policies and procedures which would result in more sustainable long-term changes within organisations and public authorities. These respondents felt that this would result in proper care given in the developmental stage in order to ensure long-term protection and fully embedded legislation across all policies, procedures and systems within organisations and public authorities. This issue was raised by around a tenth of third sector organisations (5 respondents). It was also raised by 1 out of 2 academics, 1 out of 18 individual responses and 1 out of 29 public bodies.  

A small proportion of respondents (6 respondents) noted that care should be given to ensure that all duty bearers are aware of a new Act, as it takes time to generate public knowledge and understanding. Legislation which is imposed too quickly may have a negative effect and may undermine the benefits of a new Act, respondents suggested. This view was raised by a tenth of public bodies (3 respondents), and 3 out of 63 third sector organisations. 

“Will this be rushed in because it’s the right thing to do, or because it’s right for the government’s profile? Rushed legislation will make this messy and full of loopholes.” (Parent supported by third sector organisation)

The key views arising by respondents who did not agree with the “sunrise clause” within legislation are set out below, in order of frequency. 

Just under two fifths of all respondents who provided comments in response to this question (43 respondents) referred to the ongoing work on the implementation of the UNCRC. Aspects of the UNCRC are already embedded into legislation, policy and practice in Scotland. These respondents commented that there is already a government-led programme on children’s human rights and the duties in the Children and Young People (Scotland) Act 2014 with incorporation of the UNCRC campaigned for a considerable time already.^[4] Respondents commented that public authorities should be well underway with preparations to ensure alignment with the new Act as a result of this. Respondents also mentioned that the ”UNCRC has already been embedded into legislation, policy and practice in Scotland over many years”. This point was raised by under half of respondents from third sector organisations (30 respondents), under a third of Public bodies (8 respondents) and under a fifth of individuals (3 respondents). 1 out of 5 academics mentioned this view. 

Just over a fifth of all respondents who provided comments on this question noted that aspects of the UNCRC should already be embedded into legislation (24 respondents). Over a quarter of third sector organisations raised this view (17 respondents), with around a fifth of charities / non-profit organisations, academics and individuals raising this view. Under two-fifths of individuals raised this view (3 respondents), a tenth of public bodies also raised this view (3 respondents). 1 out of 5 academics also raised this view. 

Just under a tenth of all respondents who provided comments in response to this question noted that they agreed with the response to the consultation presented by Together (10 respondents). Just over a tenth of third sector organisations responded in this way (7 respondents). 1 out of 29 public bodies, and 2 out of 5 academics also noted that they agreed with Together. 

Over a third of all respondents who provided comments in response to this question (42 respondents) expressed the view that the UNCRC should be incorporated into Scottish domestic law as soon as possible. Respondents commented that a ”sunrise clause” would cause undue delay and urged the Government to incorporate the UNCRC as a matter of urgency. Other respondents commented that incorporation must begin as soon as possible if it is to be achieved in the current parliamentary session. Two-thirds of third sector organisations expressed this view (25 respondents). It was also noted by a third of individuals (6 respondents), and just under a third of public bodies (9 respondents). 1 out of 5 academics also expressed this view. 

Under a tenth of all respondents who provided comments in response to this question (8 respondents) expressed the view that the UNCRC should be incorporated within the current Parliamentary term. This was suggested by over a tenth of public bodies mentioned that the UNCRC (4 respondents) and by a small proportion of third sector organisations also expressed this view (4 respondents out of 63).

“Incorporation as urgently as possible is essential in ensuring children’s rights are respected, protected and fulfilled. The ”sunrise clause” gives a definitive timeline to duty bearers.” (Public body)

A small number of respondents who provided comments in response to this question (7 respondents) felt there has been sufficient consultation, therefore duty bearers should be familiar with the expectations upon them as a result of a new Act. These respondents explained that there has been consultation over a number of years regarding the UNCRC, and as a result of this public authorities should be familiar enough with the expectations to quickly ensure that policies and practices are aligned with the new legislation. Respondents noted that the Children and Young People (Scotland) Act 2014 places duties on Scottish Ministers and public bodies to report on the steps they have taken to give further effect to the UNCRC requirements and will be reporting on this for the first time in 2020. 4 third sector organisations raised this issue, along with 1 out of 5 academics, 1 out of 29 public bodies and 1 out of 18 individuals also raised this view. 

Over a quarter of respondents (33 respondents) expressed the view that duty bearers should be familiar with the expectations upon them as described by a new Act. Just over a third of third sector organisations also raised this point (23 respondents). It was also noted by around a fifth of public bodies (6 respondents) and under a fifth of individuals (3 respondents). It was also raised by 1 out of 5 academics.

“It has been thirty years since the UNCRC was agreed upon. In this time, Scotland has had several consultations on the incorporation of children's rights. Children learn about human rights in school, but have no ability to utilise them when it matters - we cannot allow this to continue. We must empower our young people and show that when we say they have rights, we mean it.” (Academic)

3.3 Question 15

If your answer to the question above is yes, how long do you think public bodies should be given to make preparations before the new legislation comes into full effect? Please explain your views.

A total of 54 respondents provided written comments in response to this question. 

In answering this question, around two thirds of respondents (39 respondents) suggested a specific length of time that public bodies should be given to make preparations before the new legislation comes into full effect. These timescales and the number of respondents suggesting each timescale are presented in the table below.

Timescales suggested	Number of respondents
4 months	1
Less than 1 year	1
1 year	10
1-2 years	1
18 months	4
18-24 months	3
2 years	13
2-3 years	1
3 years	2
4 years	1
By 2021	2
Total	39

The timeframe suggested most commonly in responses was two years. This suggested timeframe was noted by one third of those who suggested a timeframe (13 respondents). It was raised by over one quarter of public bodies (5 respondents), just under one third of individuals (4 respondents) and just under one third of third sector organisations (4 respondents).

The second most commonly suggested timeframe was 1 year. This suggested timeframe was raised by just under one quarter of those who suggested a timeframe (10 respondents). It was raised by over one quarter of public bodies (5 respondents), one fifth of individuals (2 respondents) and just under one third of third sector organisations (3 respondents).

Just under two fifths of respondents (20 respondents) offered additional comments in relation to the length of time public bodies should be given to make preparations before the new legislation comes into full effect. The views emerging from these comments are summarised below:

• It was suggested that the new legislation should come into full effect as a matter of urgency.
• The decision on timescales should be made by those who understand the processes involved in preparing for implementation.
• Different elements of the legislation would require different lengths of time to prepare for implementation.
• Suggestion that a full consultation on timings is required.
• 1 year was suggested to be suitable because it reflects the planning cycle of most public bodies.
• Consideration should be taken to the length of time required to adjust budgets when considering this timescale.
• Public bodies should already be prepared and thus a”sunrise clause” would not be required.
• Some public bodies would require more time than others.
• The length of time should be as long as it would take to ensure all staff within public bodies are sufficiently trained.

3.4 Question 16

Do you think additional non-legislative activities, not included in the Scottish Government's Action Plan, are required to further implement children’s rights in Scotland?

Option	Total	Percentage
Yes	118	73%
No	6	4%
Don’t know	12	7%
Not answered	18	11%
Not specified	8	5%
		n=162

 

Option	Total	Percentage
Yes	118	87%
No	6	4%
Don’t know	12	9%
		n=135

A total of 128 respondents provided written comments in response to this question. The key views arising in these comments are set out below, in order of frequency.

In answering this question, respondents took the opportunity to suggest types of non-legislative activities that they were of the view would be required to further implement children’s rights in Scotland. These are outlined in the following paragraphs.

Under two-thirds of those who provided comments (81 respondents) suggested that further children’s rights awareness raising activities are required to support the implementation of children’s rights in Scotland. These respondents outlined a wide range of awareness raising activities such as media and social media campaigns; the development of a wide range of information and guidance resources aimed at raising public awareness, which could be made available in libraries, health centres, schools and citizen’s advice centres; peer education programmes; the embedding of rights based approach in schools and including children’s rights within the Curriculum for Excellence. Awareness raising activities should be aimed at individual groups, including all children (including vulnerable and marginalised groups), parents/carers and individuals working with children. These awareness raising activities should aim to increase individuals understanding of children’s rights. This issue was raised by almost three-quarters of third sector organisations (57 respondents), just over a third of public bodies (9 respondents) and just over half of individuals (9 respondents). It was also raised by 5 out of 7 academics and 1 out of 2 legal professions/organisations. 

“…a new law is not enough to create a culture change; any new legislation needs to be accompanied by a wide-spread, comprehensive awareness-raising programme.” (Children’s rights organisation)

“Legislation is only part of the action required to make UNCRC incorporation meaningful for all children in Scotland. In order to have real impact for children, their families and wider society, everyone has to be included in understanding the importance of children’s rights and their role in upholding them. Awareness raising across all of Scottish life is necessary so individuals (including children as well as organisations) understand what their role and responsibility is in relation to upholding, implementing and supporting children to access and use their rights.” (Children’s rights organisation)

Just under a third of those who provided comments (41 respondents) noted the importance of UNCRC rights training for all duty bearers, including professionals working with children and young people, policy makers at both a local and national level and parents. It was suggested that an online training module should be developed which goes above and beyond the Scottish Government’s existing ‘Introduction to the UNCRC’ ten-minute training tool. It was suggested that children’s input in the design of this online tool should be sought. One respondent outlined the modules that they suggested should be included in this online training tools. These modules are listed below:

• Underline the status of children as holders of human rights
• Increase knowledge and understanding of the UNCRC
• Explain how the UNCRC fits within the Scottish legislative context
• Emphasise the importance of listening to children’s voices and supporting participatory approaches

This point was raised by just under two-fifths of third sector organisations (30 respondents), just under a fifth of public bodies (4 respondents) and just under a fifth of individuals (3 respondents). It was also raised by 4 out of 7 academics.

“Under the CRC there is a duty to develop training and capacity-building for all those involved in the process of implementing convention rights and for all those working with and for children.  There is an expectation that this should be systematic, ongoing, and integrated into all professional training codes and educational curricula.” (Charity / non-profit organisation)

Just over a quarter of those who provided comments (34 respondents) suggested the need to improve approaches to collecting monitoring data and measuring impact following the implementation of the UNCRC. The importance of the CRWIAs in the process was recognised by these respondents. It was suggested that the CRWIAs can be a useful tool for organisations when developing policies and providing an evidence record of the process. Furthermore, it was suggested that the use of the CRWIA process would only be effective if widely adopted across services. For this to happen, the development of guidance and training on the use of CRWIA would be required. These views were expressed by just over a quarter of third sector organisations (22 respondents) and just over two-fifths of public bodies (10 respondents). This issue was also raised by 1 out of 16 individuals and 1 out of 7 academics. 

“We support the proposal in the draft Children’s Rights (Scotland) Bill to the effect that Child Rights Impact Assessments are mandatory. We refer to the Together Briefing.” (Children’s rights organisation)

“Monitoring and accountability are central to a human rights approach, as ensuring a vital circle between rights holders and duty bearers (Collins 2019). For example, Scotland currently has extensive statistics and other data on children and children’s services: to what extent do they cover the requirements of the UNCRC and what are the gaps? With the incorporation of the UNCRC, a review of existing monitoring and accountability systems would be required, to ensure they are firmly based on a children’s rights approach.” (Academic)

A fifth of those who provided comments (26 respondents) recognised the importance of advocacy services for children. These respondents noted that advocacy services are crucial to ensuring children’s voices are heard. However, it was acknowledged that there are a number of areas in Scotland where children do not have access to advocacy services. Therefore, respondents recommended that to support the incorporation of the UNCRC, advocacy access should be assessed and resourced accordingly. Moreover, respondents suggested ways of improving existing advocacy services, including ensuring appropriate levels of funding and better support is provided to these services, particularly third sector organisations that provide support to children to express their views. This issue was raised by just over a quarter of third sector organisations (21 respondents) and just over a tenth of public bodies (3 respondents). It was also raised by 1 out of 16 individuals and 1 out of 7 academics. 

“…the right to independent advocacy for children and young people would support their Article 12 rights and provide an accessible mechanism for children and young people to seek redress where their UNCRC rights have not been upheld. There is patchwork provision of independent advocacy services across Scotland, meaning that every child is not able to access this vital service; in order to ensure that children’s rights are being implemented and made real for every child, suitably resourced independent advocacy should be embedded in the government’s Action Plan.” (Charity / non-profit organisation)

A little under a fifth of those who provided comments (22 respondents) were of the view that the active involvement of young people should be encouraged as this is pivotal to developing and engaging in the process of non-legislative activity. Particular efforts should be made to ensure the involvement of children from marginalised groups to prevent the exclusion of these groups. Respondents suggested examples of including children in the development of resources to raise awareness of children’s rights and delivering engagement events for children and young people. This issue was raised by just under a fifth of third sector organisations (15 respondents) and just over a tenth of public bodies (3 respondents). It was also raised by 2 out of 16 individuals and 2 out of 7 academics.  

“Participation Article 12 provides both for the right of children and young people to express their views on all matters concerning them and to have those views given due weight in accordance with their age and maturity. This right applies to all children without discrimination. CHS would like the involvement of and consultation with children to avoid being tokenistic and aim to ascertain representative views to ensure tangible outcomes for children.” (Charity / non-profit organisation)

“We would also like to see more engagement events such as the #RightsRoadtrips to create discussion with young people about the UNCRC.” (Charity / non-profit organisation)

A tenth of those who provided comments (13 respondents) emphasised the importance of children’s rights-based budgeting. These respondents suggested that government and duty bearers should be required to evidence that budgetary planning and decision-making takes into account the best interests of children as a primary consideration. Monitoring of resources in budgets is important to ensuring children’s rights are protected. This issue was raised by a little under a fifth of third sector organisations (12 respondents). It was also raised by 1 out of 24 public bodies.

“UNCRC Article 4 requires States to fulfil children’s economic, social and cultural rights to the ”maximum extent of their available resources.” There is a requirement to identify and monitor available resources and to allocate to children in national and other budgets. Furthermore, effective monitoring of resources in budgets is crucial to protecting children from changes in economic policies or financial downturns. As such, child budgeting can act as a powerful tool to monitor the Scottish Government’s commitment to children, increasing transparency and accountability.” (Charity / non-profit organisation)

“The Scottish Government should work to ensure that all levels of government adopt children’s rights approaches to budgeting to ensure children and young people’s rights are protected at all times, particularly during periods of economic instability.” (Children’s rights organisation)