United Nations Convention on the Rights of the Child - concluding observations 2023: SG initial response

1. General Measures of Implementation

1.1 Sustainable Development Goals

No: 6

UN Concluding Observation

• Ensure the realization of children’s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development.
• Ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children

Relevant section of Scottish Government’s November 2022 Position Statement

• Section iv - Children’s Rights in Scotland

Progress since November 2022

In 2015, in signalling its commitment to the UN Sustainable Development Goals (SDGs), the Scottish Government made a dual commitment to tackle poverty and inequality at home in Scotland and to help developing countries grow in a fair and sustainable manner. All of Scotland’s international development work now contributes to sustainable development and the fight against poverty, injustice, and inequality internationally, within the framework of the SDGs (see section 1.12 of this report).

Scotland’s National Performance Framework (NPF) integrates the SDGs alongside our National Outcomes and is an important part of Scotland’s localisation of the SDGs agenda. Children’s rights, within the broader context of human rights, are at the heart of the NPF which tracks progress towards delivery of the National Outcomes through the 81 National Indicators. Seven of the indicators focus specifically on outcomes for children and young people, including in relation to children’s social and physical development; wellbeing and happiness; and voices.^[1]

The Community Empowerment (Scotland) Act 2015 requires the National Outcomes to be reviewed every five years. The statutory review, which commenced in 2023, will consider changes to the NPF, including the Outcomes and Indicators. As part of the review process, engagement has been carried out with the Scottish Youth Parliament and the Children’s Parliament. This engagement covered all the National Outcomes, not only those most directly relevant to children and young people.

Next Steps

• The Statutory review of the NPF is expected to conclude in 2024.

1.2 UNCRC (Incorporation)(Scotland) Act

No: 8b

UN Concluding Observation

Expeditiously bring forward the amendments necessary to enact the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill in Scotland.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.4 – The UNCRC (Incorporation)(Scotland) Bill

Progress since November 2022

The United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act (UNCRC Act) was unanimously approved at Reconsideration Stage by Scottish Parliament on 7 December 2023 and received Royal Assent on 16 January 2024. This Act requires public authorities to not act incompatibly with the UNCRC requirements as defined in the Act, and its passage marks a significant advancement in the legal protection of children’s rights.

The Act incorporates the UNCRC and Optional Protocols 1 and 2 directly into Scots law subject to the limits of devolved competence. The UNCRC Bill was originally unanimously passed by the Scottish Parliament in March 2021. However, certain provisions in the Bill were referred to the Supreme Court by the UK Law Officers, before Royal Assent. In October 2021, the Supreme Court judged that section 6 (relating to the compatibility duty) and sections 19, 20 and 21 (relating to the interpretative obligation, strike down power and incompatibility declarator power) were outwith the legislative competence of the Scottish Parliament. This was an area of the devolution settlement that had not been previously tested in the courts.

The delay to bringing the UNCRC Bill back to Parliament for reconsideration had largely been due to the need to give careful consideration to whether the compatibility duty can apply when public authorities are delivering services under an Act of the UK Parliament in devolved areas. Legal issues around the Bill were complex, and consideration of these issues took longer than hoped.

In drafting amendments to the compatibility duty, we sought to balance three important considerations: protecting children’s rights to the maximum effective extent possible; minimising the risk of another Supreme Court referral; and making the law as accessible as possible for users. We reached the conclusion that the maximum effective coverage for children’s rights is for the compatibility duty to apply only when a public authority is delivering devolved functions conferred by or under Acts of the Scottish Parliament or common law powers. This means that functions conferred by Acts of the UK Parliament, even in devolved areas, will not be subject to the compatibility duty. The duty to read and give effect to legislation in a way that is compatible with the UNCRC requirements and the power to strike down incompatible legislation or to issue an incompatibility declarator will apply only in relation to legislation originating from the Scottish Parliament.

This is a disappointing loss of coverage, compared with what we originally hoped to achieve. However, even with these changes, the Bill remains an important step forward. It will provide legal protection for children’s rights that is not currently available in Scotland, or in any other part of the UK. Key stakeholders were content with our rationale for limiting the compatibility duty to services delivered under powers from the Scottish Parliament.

The Programme for Government (September 2023) committed to bringing back the UNCRC Bill for reconsideration. That commitment was fulfilled on 14 September 2023, when Parliament passed the motion to reconsider the Bill. The Equalities, Human Rights and Civil Justice Committee heard evidence on the amended Bill from stakeholders on 31 October 2023 and the Cabinet Secretary for Social Justice on 7 November 2023. The Committee published its recommendations and conclusions on 17 November 2023 in which it confirmed that it was satisfied that the Scottish Government had explored all realistic alternatives and was content with the approach taken to amending the Bill. The Scottish Government’s response to the recommendations was published on 28 November 2023. On 7 December 2023, the amendments to the Bill were debated, voted on, and accepted by Parliament, and the Bill approved. The Bill received Royal Assent on 16 January 2024 and the duties under the Act will commence on the 16 July 2024.

We will consider whether we can bring some provisions within Acts of the UK Parliament in devolved areas into the scope of the compatibility duty in the UNCRC Act by being legislated for in new Acts of the Scottish Parliament. We will do this by commissioning a review of legislation to identify any provisions in these Acts that impact on children's rights to the extent that it would be worth bringing them into scope in this way. Any review to identify such provisions would take time to complete and any legislative change would need to be paced in a way that manages pressure on Parliament’s legislative programme. We would also need to consider how such statutory functions could safely and appropriately be ‘lifted’ from existing statutory frameworks and provided for in separate legislation.

Next Steps

• The Bill duties under the Act will commence on the 16 July 2024.
• We will commission a review of provisions in UK Acts in devolved areas to identify any that impact on children’s rights to the extent that it may be worth recommending that they be legislated for in new Acts of the Scottish Parliament.

1.3 Scottish Government Human Rights Bill

No: 8c

Concluding Observation

Reconsider its decision to replace the Human Rights Act and ensure that any revision to the Act protects all the rights of the child in the Convention, provides effective judicial remedies, ensures a child rights-based approach, and follows transparent and participatory processes, including by ensuring the meaningful participation of civil society and children and publishing the impact assessment of the Bill of Rights.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.2 – UK Government review the Human Rights Act 1998.

Progress since November 2022

The Scottish Government highlighted its continuing support for the Human Rights Act 1998 in its Embedding Children’s Rights in Scotland: Position Statement, published November 2022. The UK Bill of Rights Bill encountered significant cross-party opposition and failed to make progress beyond First Reading in the House of Commons. It was subsequently withdrawn in June 2023 and no longer forms part of the UK Government’s legislative programme. Provisions which have a similar legal effect (in disapplying section 3 of the Human Rights Act 1998) have, however, appeared in other UK Government legislation: the Illegal Migration Act 2023. The Scottish Government has made clear its opposition to such measures.

Scottish Human Rights Bill

Following the recommendations of the National Taskforce for Human Rights Leadership for a new human rights framework for Scotland, the Scottish Government has committed to bring forward a new Human Rights Bill in the current parliamentary session (2021-26). The Bill will incorporate into Scots law the following human rights treaties within the limits of devolved competence:

• the International Covenant on Economic, Social and Cultural Rights (ICESCR);
• the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);
• the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); and
• the Convention on the Rights of Persons with Disabilities (CRPD).

Incorporation of the above international human rights standards will enhance the status of these human rights treaties within Scots law and help to ensure that everyone is treated with fairness and dignity. The Bill will also include and recognise the right to a healthy environment.

In developing proposals for the Bill, the Scottish Government has benefited from engagement and constructive input of rights holders through our Human Rights Lived Experience Board, which included children and young people. Their contribution marks a significant milestone on an important journey the Scottish Government is taking to ensure that we are listening better, and listening earlier, to the views of children and young people in our work to develop policies and legislation.

Next Steps

• A Scottish Government consultation on proposals for a new Human Rights Bill for Scotland ran for 16 weeks from 15 June to 5 October 2023. Almost 400 responses to the consultation were received. The Scottish Government engaged widely on the proposals with members of the public across Scotland, as well as civil society organisations and academics. An independent analysis of the consultation responses was published on 24 January 2024.
• Over 2023-24, the Lived Experience Board is continuing to inform the development of the Bill with the views of people with lived experience of facing human rights barriers and will continue to include input from children and young people. We have also continued to engage with a wide range of stakeholders including rights advocacy groups, civil society, public sector bodies, the legal sector, and academics with expertise in human rights, including the rights of children and young people.
• The Human Rights Bill will be introduced to the Scottish Parliament during the 2023-24 parliamentary year. This will be a significant landmark in Scotland’s human rights journey, building on past work to embed a human rights culture across Scotland.

1.4 UK Withdrawal from the European Union (EU)

No: 8(f)

UN Concluding Observation

Assess the impact of the State party’s withdrawal from the European Union on the enjoyment of children’s rights.

Relevant section of Scottish Government’s November 2022 Position Statement

• 2.1 – UK withdrawal from the EU

Scottish Government Position

In June 2023, the Scottish Government published the Brexit and Scotland: June 2023 Update, a revised assessment of how Scotland has been impacted by the UK’s withdrawal from the EU. The assessment highlights the diminished opportunities for Scotland’s young people as a consequence of Brexit.

The Scottish Government is committed to addressing one of the most damaging consequences of Brexit for our universities and colleges – the fact that UK students can no longer participate in Erasmus+, the EU’s programme to support education, training, youth and sport in Europe. This programme was highlighted by the Children and Young People’s Panel on Europe in their report, Listen to Us (2019).^[2]

The Scottish Government considers the UK Government replacement, the Turing Scheme, to be much less effective than Erasmus+, in that it assists fewer students, does not support staff, and does not enable overseas students to come to Scotland. We are working with the UK Government and stakeholders on the shortfalls of the Turing Scheme and ways to address these.

Next Steps

Erasmus+

• In 2023-24, the Scottish Government will fund a test and learn project to re‑establish some of the opportunities Erasmus+ provided, which the Turing Scheme does not, in particular, to encourage the development of partnerships between institutions that could enable staff and inward exchanges funded by the reciprocal countries.
• In 2024-25, we will build on our initial test and learn project to develop the Scottish Education Exchange Programme. This will further demonstrate our commitment to EU and global partnerships with schools, colleges, and universities. We will prioritise placements on the programme for disadvantaged groups.

1.5 Comprehensive Policy & Strategy and Coordination

No: 9a

UN Concluding Observation

Develop and adopt comprehensive policies and action plans on the implementation of the Convention, with the participation of children, in all jurisdictions of the State party that encompass all areas covered by the Convention and include specific time-bound and measurable goals.

No: 9b

UN Concluding Observation

Ensure the effective implementation of policies and action plans on children, and ensure that they are supported by sufficient human, technical and financial resources.

No: 9c

UN Concluding Observation

Ensure that the action plans include a special focus on children in disadvantaged situations, including asylum-seeking, refugee and migrant children, children belonging to minority groups, children with disabilities, children in care, lesbian, gay, bisexual, transgender and intersex children, socioeconomically disadvantaged children and so-called “young carers” or children with caregiver responsibilities.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.4 – UNCRC (Incorporation)(Scotland) Bill.
• Section 2.5 – Existing Reporting Duties under the Children & Young People (Scotland) Act 2014.
• Policy specific action plans and other relevant initiatives for taking forward children’s rights are cited throughout the Position Statement.

Scottish Government Position

Part 1 of the Children and Young People (Scotland) Act 2014 (2014 Act) currently requires Ministers to report to the Scottish Parliament every three years on relevant progress in taking forward children’s rights and their plans for the subsequent three year period. In line with these duties, the three year Report and Action Plan, Progressing the Human Rights of Children in Scotland, were laid before the Scottish Parliament in November 2021. Children and young people were consulted on the content of the Plan.

The Action Plan included a number of strategic priorities to support the implementation of the UNCRC across Scotland, including actions to: incorporate the UNCRC into Scots law; further encourage and guide the use of Child Rights and Wellbeing Impact Assessments in policy development; help empower children and young people to claim their rights; and further embed children’s rights in public services. The Scottish Government’s Programme for Government 2021 included a commitment to invest £4 million per year until March 2024, to support public services to consistently uphold children's rights.

Children’s Rights Scheme

As discussed at section 1.2 of this report, the revised UNCRC Bill was returned to the Scottish Parliament for reconsideration on 14 September 2023, approved by Parliament on 7 December and received Royal Assent on 16 January 2024. The Act, once provisions commence, requires Scottish Ministers to create a Children’s Rights Scheme setting out the arrangements they have, or will have, in place to comply with the duties contained in the Act and also to secure better or further effect of the rights of the child. The Scheme would need to include, for example, arrangements for the Scottish Ministers to:

• Ensure that children are able to participate in the making of decisions that affect them, with access to such support and representation (for example from children’s advocacy services) as they require to do so.
• Identify and address any situation where a child’s rights are (or are at a significant risk of) not being fulfilled.
• Raise awareness of and promote the rights of children.
• Promote complaints handling procedures that children can understand and use.
• Ensure that children have effective access to justice.
• Consider the rights of children in the Scottish Government’s budget process.

The Act requires Ministers to report on the Scheme regularly, including actions taken in the previous reporting period and plans for taking forward children’s rights in the reporting period ahead. The provisions in the Act also require Ministers to seek children’s views on actions to be taken forward under the Scheme.

Policy-specific action plans for taking forward children’s rights

Responsibility for taking forward children’s rights is mainstreamed across all areas of the Scottish Government. The principles of the Convention are, therefore, taken into account in the development of relevant Scottish Government policies, strategic frameworks, actions plans and other initiatives. These are cited throughout the Position Statement, Embedding Children's Rights in Scotland, which was published in November 2022. This includes initiatives to further support asylum-seeking, refugee and migrant children, children belonging to minority groups, children with disabilities, children in care, lesbian, gay, bisexual, transgender and intersex children, socioeconomically disadvantaged children, and young carers. Where relevant, the Position Statement also includes information on the resources supporting the implementation of policy specific initiatives and the consultation that has been undertaken with children and young people on these.

The Scottish Government also continues to promote the use of the CRWIA in the development of policy (see section 2.6 of the Position Statement). The views of children and young people are integral to the CRWIA process.

Next Steps

• Scottish Ministers will launch a public consultation on the draft Children’s Rights Scheme by the summer of 2024.
• An End of Plan Report on the Progressing the Human Rights of Children in Scotland Action Plan 2021-24 will be published in autumn 2024.
• Policy areas across the Scottish Government will continue to take forward policy specific initiatives relevant to children’s rights as required.

1.6 Coordination of Activity to Support Children’s Rights

No: 10

UN Concluding Observation

Establish structures, such as a ministerial lead at the national level with corresponding structures in the devolved administrations and territories, responsible for ensuring the effective monitoring and coordination of all activities related to the implementation of the Convention across all sectors and at all levels.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.7 – Coordination and Strategic Governance of Children’s Rights in Scotland.

Scottish Government Position

The Scottish Government’s policy prospectus, Equality, Opportunity, Community: New leadership - A Fresh Start (April 2023), sets out the First Minister’s vision for Scotland and the outcomes Scottish Ministers aim to achieve by 2026. The prospectus reaffirms Ministers’ commitment to embedding equality, inclusion, and human rights, including children’s rights, across everything the Government does, within Scotland’s devolved powers. This cross-government approach was also reflected in Ministers’ Programme for Government (September 2023), which included commitments to introduce to the Scottish Parliament a Scottish Human Rights Bill in the 2023-24 parliamentary year (see section 1.3); and invite the Scottish Parliament to bring back the UNCRC Bill for reconsideration (see section 1.2).

Since 2007, Scotland has had a minister with specific responsibilities for overseeing progress in relation to the rights of the child. Natalie Don, MSP, is the current Minister for Children, Young People and Keeping the Promise. The Scottish Government’s Children’s Rights Unit (CRU) continues to coordinate and report on progress made across all areas of the Scottish Government in relation to children’s rights. The CRU engages with UK Government officials on relevant UK-wide matters relating to the Convention.

Children’s Rights Scheme

Once the duties under the UNCRC Act commence, Scottish Ministers are required to create a Children’s Rights Scheme, setting out the arrangements they have, or which are to be put in place, to comply with the duties contained in the Act and to secure better or further effect of the rights of the child. The Children’s Rights Scheme, which is an important part of the framework for supporting and promoting children’s rights, is discussed at section 1.5 of this report.

Next Steps

• The Children’s Rights Unit will continue to coordinate and report on progress made across the Scottish Government in taking forward Scottish Ministers’ ambitions in relation to children’s rights.
• The Scottish Government will continue to liaise regularly with the UK Government and devolved administrations in taking forward the UN Committee’s Concluding Observations as required and in the sharing of best practice.

1.7 Allocation of Resources

No: 11

UN Concluding Observations

Incorporate a child rights-based approach into the State budgeting process in all jurisdictions of the State party.

No: 11a

UN Concluding Observations

Implement a tracking system for the allocation, use and monitoring of resources for children, with a view to eliminating disparities and ensuring equitability, and assess how investments in all sectors serve the best interests of children.

No: 11b

UN Concluding Observations

Introduce budgetary allocations for children in disadvantaged situations and ensure that children are not affected by austerity measures

No: 11c

UN Concluding Observations

Ensure that in situations of economic crisis, regressive measures are not taken without the requirements stated in paragraph 31 of general comment No. 19 on public budgeting for the realization of children´s rights, including that children participate in the decision-making process related to such measures.

No: 11e

UN Concluding Observations

Ensure transparent and participatory budgeting in which civil society, the public and children can participate effectively

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.12 - Consideration of Children and Young People in Budgetary Processes
• Section 2.13 - Participatory Budgeting

Scottish Government Position

The Scottish Government, with the Scottish Parliament, continue to have well established Budget setting and scrutiny arrangements that aim to ensure that decisions about revenue and capital expenditure and income are informed by both Ministers’ statutory responsibilities and key delivery priorities and outcomes. The Scottish Government publishes an Equality and Fairer Scotland Budget Statement each year alongside its draft Budget for the year ahead. This document examines the impact of budgetary decisions across protected characteristics. The annual report on child poverty also provides an assessment of progress against targets and tracks budgets targeted at families on a low income (see section 6.13).

Once the UNCRC Act duties commence on 16 July 2024, Scottish Ministers are required to create a Children’s Rights Scheme which would include the arrangements they have, or which are to be put in place, to consider the rights of children in the Scottish Government’s budget process. Section 17 of the UNCRC Act would also require the Scottish Government and Executive Agencies to use Child Rights and Wellbeing Impact Assessments to inform strategic decision-making, including budget decisions.

In May 2022, the Scottish Government established a new Centre of Expertise in Equality and Human Rights (the Centre) to embed equality and human rights within economic policy-making and implementation. The Centre is working with external experts to build capacity, skills, and knowledge among economic policy officials. It shares good practice across Scottish Government economy directorates through an internal policy network and has arranged delivery of training sessions to officials on equality, human rights, and the Fairer Scotland Duty, as well as a series of externally-provided training sessions on gender and the economy.

In 2022, the Centre coordinated the production of Equality Impact Assessments for the National Strategy for Economic Transformation (NSET) and for each of the Strategy’s six programmes individually. In November 2023, the Centre held a thematic session on gender equality with stakeholders to inform the ongoing implementation and future delivery of NSET, with relevant themes including childcare and child poverty. In 2024, the Centre plans to deliver training on children’s rights and Child Rights and Wellbeing Impact Assessments, tailored to economic policy officials.

Participatory Budgeting

Participatory Budgeting (PB) is a globally recognised democratic tool, which enables local people, including civil society, the public and children, to have a direct say on how public money is spent. The Scottish Government supports PB as a tool for community empowerment, which helps to build on the wider development of participatory democracy in Scotland.

The Scottish Government continues to provide support for PB through the National PB Support Programme, which is delivered in partnership with local authorities, communities and third sector organisations. The Programme supports PB across cross-cutting policy areas including health and wellbeing, climate change, and education. PB is discussed further at section 2.13 of the Embedding Children’s Rights in Scotland: Position Statement (2022).

Next Steps

• Work is ongoing to draft the first Children’s Rights Scheme (CRS) for public consultation in the summer of 2024. The CRS will include arrangements for considering children’s rights within the Scottish Government budget process.
• The National Participatory Budgeting Strategic Group is supporting the implementation of PB and building capacity across Scotland to ensure best possible practice. The Group has developed a PB Strategic Framework with a particular focus on health and wellbeing, education, housing, and climate justice guided by the Framework’s indicators for success.

1.8 Data Collection

No: 12a

UN Concluding Observation

Strengthen its data-collection system with regard to both qualitative and quantitative indicators that encompasses all areas of the Convention and ensure that the data are disaggregated by age, sex, disability, geographical location, ethnic origin, nationality and socioeconomic background.

No: 12b

UN Concluding Observation

Improve the collection and analysis of data on violence against children, mental health, food insecurity, malnutrition, education and the situation of children in disadvantaged situations, including children in alternative care, children with disabilities, asylum-seeking and migrant children, and children of incarcerated parents.

No: 12c

UN Concluding Observation

Regularly collect, analyse and publish disaggregated data on the use of stop-and-search checks, harmful devices, seclusion, restraint, solitary confinement and isolation on children;

No: No: 12e

UN Concluding Observation

Ensure that the data are shared among devolved administrations as well as among relevant ministries, professional groups and civil society and used for the evaluation of policies and projects on children’s rights.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.11

Progress since November 2022

The Scottish Government is committed to improving the evidence base, both qualitative and quantitative, on children and young people, to understand their life experiences and to develop, monitor and evaluate policy designed to improve their wellbeing and promote their rights. Since November 2022 and the publication of the Embedding Children’s Rights in Scotland: Position Statement, Scottish Government and key partners have made progress on this data improvement aim. Key areas of progress and data development, analysis, and dissemination, relevant to recommendations 12a, b, c, and e, are highlighted below. See also information on the ongoing and planned monitoring and evaluation of a range of pilots, policies, and other initiatives throughout this document. Future updates will highlight additional plans to respond to the data improvement recommendations and further progress on meeting them.

Equalities data

In April 2021, the Scottish Government launched its Equality Data Improvement Programme (EDIP) to take action to make intersectional equality data and evidence, including that relating to children and young people, more wide-ranging and robust, enabling policy makers to develop sound, inclusive policy. As part of this, the Scottish Government’s Equality Evidence Strategy 2023-2025 was published in March 2023. The Strategy sets out an approach to improving and strengthening Scotland’s intersectional equality evidence base over a three-year period to the end of 2025, including 45 actions identified by the Scottish Government and National Records of Scotland across a number of key themes. Included in this are actions to take forward improvements to the Looked After Children, Child Protection, Growing Up in Scotland (GUS) and School Leaver Attainment datasets – all key children and young people data sources. A network of Scottish Government analysts was established to take forward and provide regular reporting on all of these actions. This work is overseen by a Project Board, co-chaired by Scotland’s Chief Statistician and Chief Social Researcher, which meets quarterly to discuss progress.

Wellbeing data

Scotland’s Children, Young People and Families Outcomes Framework (CYPF OF) (see section 2.4) has been developed to provide an overarching understanding of children and young people’s wellbeing in Scotland. The CYPF Outcomes Framework has children’s rights at its core and is consistent with international definitions of child wellbeing. The Framework provides a structured approach through which Scottish Government and public and third sector partners are taking steps to enhance collective accountability for improving outcomes for children, young people, and families. The Framework includes a set of Core Wellbeing Indicators – 21 high-level measures provide a high-level overview of the current status of wellbeing of children, young people, and families in Scotland. Indicators are drawn from administrative and survey sources, which provide data at both national and local level, and include measures of the views and experiences of children and young people themselves. As highlighted above (section 2.4), in September 2023 a Core Wellbeing Indicators - Analysis report was published, which presents headline national findings, key socio-demographic breakdowns and time series data where available, based on the set of 21 indicators. The report draws together the previously published indicators in one place for the first time. It also contains a systematic analysis by all available socio-demographic variables, including age; sex; additional support needs; long term illness or disability; Scottish Index of Multiple Deprivation; urban-rural; ethnicity; and care experience (though not all indicators are available by all socio-demographic characteristics). The report establishes an initial baseline, against which progress can be measured in future years, and provides a benchmark national picture of the current status of wellbeing of children, young people, and families in Scotland.

A first Health and Wellbeing Census (2021-22) of school aged children and young people (primary 5 – secondary 6 in publicly funded schools) was published in February 2023. The Census covers a wide range of topics, including mental and emotional wellbeing; general health; confidence and resilience; attitudes to school and future aspirations; physical activity; eating behaviours; sleep patterns; social media use; relationships; bullying; substance use (S2 upwards); and sexual health (S4 upwards). These were analysed by sex, school stage, area deprivation (Scottish Index of Multiple Deprivation), local authority, urban rural classification, ethnic group, additional support needs, caring responsibilities, and long-term health conditions. Further analysis is possible by a range of equality socio-demographic characteristics collected in the Pupil Census, including disability, English as a second language, and free school meals. Further analysis is also possible by linking this data to data gathered in the looked after children data collection.

Since November 2022, the Growing Up in Scotland (GUS) Sweep 11 survey of young people aged 17-18 has been completed. This has included questions on a wide range of topics such as health, political attitudes, civic participation, post-school destinations, career choices, gender identity and sexual orientation. Growing Up in Scotland is a Scottish Government-funded longitudinal research study, tracking the lives of thousands of young people and their families from the early years through childhood and now as they move into adulthood. GUS provides a free data resource for anyone carrying out research into the lives of children and their families in Scotland. Data is used by academics and other researchers, politicians, policy makers, charities and lobbying organisations, Health Boards, and education organisations.

As of 2023, Growing up in Scotland (GUS) data is being ingested into the ADR-S (Administrative Data Research Scotland) infrastructure. ADR-S is a public sector partnership led by the Scottish Government and the Scottish Centre for Administrative Data Research (SCADR) and is part of the ADR-UK (Administrative Data Research UK) partnership, which includes all four countries of the UK. ADR-S will hold linkable datasets in a secure environment on a long-term basis, on behalf of data controllers. This will reduce the time and effort required by data controllers, data processors and researchers to provide and access data. It is anticipated that this initiative will help to promote the use of data linkage of different datasets, including survey data and administrative data. A key aim of including GUS is to promote this activity for data relating to children and young people, further adding to the evidence base on their lives and experiences in Scotland.

Care experience data

A range of statistical data improvement activity relating to care experienced children and young people is ongoing. Existing data on children in care or previously in care has already been utilised to introduce new analysis of care-experienced children in Official Statistics. This improves the previous approach whereby statistics focused largely on children currently in care, or in care in the last year (and therefore included in the most recent data collected). New statistics on the Education Outcomes for Looked After Children 2021-22 published in August 2023, for instance, introduced new categories of care experience, translating to children with some experience in care since beginning primary school, or since beginning secondary school. These experimental statistics will be further developed following user feedback in time for future statistical publications.

Next Steps

• We will continue to review existing data availability in relation to children’s rights, to further consider recommendations 12a, b, c, and e above, and develop our plans for meeting key data gaps.
• As part of the next stages of the Core Wellbeing Indicators work, we are mapping the wider data landscape around the core indicators, including indicator sets and datasets relating to specific groups of children and young people (e.g., those who are care experienced, those in contact with the child protection system) and specific policy areas (e.g., child poverty, mental health, early years). This will help to identify data gaps, as well as enable a more holistic understanding of the evidence base around outcomes for children and young people to inform decision-making on policy development and strategic planning and delivery of services and supports to improve outcomes for children, young people, and families.
• Headline findings from the latest sweep of Growing up in Scotland will be published in 2024. Findings will be disaggregated by a range of socio-demographical characteristics.
• Scottish Government will report on progress made towards achieving the equalities data actions set out above in an interim progress report in 2024 and again following the conclusion of the Equality Evidence Strategy 2023-2025.
• Further to the publication of the Promise Implementation Plan in March 2022, which sets out the Scottish Government’s actions and commitments to Keep the Promise for care experienced children, young people and their families (see section 5.4), we are working across government to connect the key policy and activities that will support our contribution to help to Keep the Promise. A key part of this will be to improve the data gathered for the care experienced population (both children and adults), to better understand needs and ensure that we are best informed to work to improve outcomes. Partnership working is key across the public and third sector. The Scottish Government is working closely with local government on how progress across Scotland can be best monitored and reported and with key partners including health and justice to jointly agree on a mixture of key qualitative and quantitative outcomes and indicators that will allow the story of change to be demonstrated.
• Developments in children’s social work data collection included in 2023-24 data currently being recorded will lead to future improvements in our key statistical data relating to children in care and those on the child protection register, including to enable more detailed geographic breakdowns. New data on sibling relationships, enabling analysis of the numbers of siblings placed together or separated at some stage in care or prior to entering care will also become available. Statistics based on this new data will be published in spring 2025. In addition, the introduction of an identifier for unaccompanied asylum-seeking children (UASC) the following year in the individual-level looked after children national data collection from 2024-25 will enable granular analysis (by age and sex and geography, for example) showing overall numbers of UASC, numbers entering or leaving care, types of accommodation, duration in care and destinations upon leaving care. This will enable statistics to be published in spring 2026.
• Improvements to data on care leavers to better understand provision of continuing care and aftercare support for those young people aged 16 and over are also in place to take effect from 2023-24, for statistics published in spring 2025. This includes detail on the levels of aftercare support provided, and durations of time in continuing care placements for young people who remained in their placement after ceasing to be looked after. As above, geographic/area deprivation analysis and other more granular disaggregation will be possible with this data.

1.9 Independent Monitoring of Children’s Rights in Scotland

No: 13a

UN Concluding Observation

Ensure that the national human rights institutions and/or Children’s Commissioners, as relevant, have the mandate and sufficient human, financial and technical resources to monitor children’s rights and to receive, investigate and address complaints by children in a child-friendly manner

No: 13b

UN Concluding Observation

Continue to ensure the full compliance of all such institutions with the Paris Principles, including regarding their funding and selection and appointment processes.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section v - Independent Monitoring of Children’s Rights in Scotland.
• Section 2.4 - UNCRC (Incorporation)(Scotland) Bill

Scottish Government Position

Scottish Human Rights Commission

The Scottish Human Rights Commission (SHRC) is an independent public body, accountable to the people of Scotland through the Scottish Parliament. The SHRC’s full duties and powers are set out in the Scottish Commission for Human Rights Act 2006 (2006 Act). The Commission receives its annual budget from the Scottish Parliamentary Corporate Body.

Since 2010, the SHRC has been rated at the top grade of international accreditation as a National Human Rights Institution (NHRI). This “A Status” from the Global Alliance of NHRIs and the United Nations Office of the High Commissioner for Human Rights recognises the Commission’s independence, authority, and broad statutory mandate to promote and protect human rights for all.

Section 12 of the UNCRC Act amends the 2006 Act to give the SHRC powers to intervene in proceedings in which a person claims that a public authority has acted or proposes to act in a way that is unlawful under the compatibility duty in the UNCRC Act. The Act also gives the SHRC the power to bring proceedings in its own right for breach of the UNCRC requirements.

Commissioner for Children and Young People in Scotland

The Commissioner for Children and Young People (Scotland) Act 2003 (2003 Act) established the role of Commissioner for Children and Young People in Scotland. The Scottish Parliament appoints the Commissioner, and the Parliamentary Corporate Body sets the terms of the Commissioner’s appointment, including the allocation of resources. The Commissioner operates independently of Scottish Ministers. The Commissioner’s work is guided by the UN Paris Principles.

The 2003 Act provides for the Commissioner to undertake investigations in respect of how service providers have regard to the rights, interests, and views of groups of children and young people in making decisions or taking actions that affect them. Provisions in the Children and Young People (Scotland) Act 2014 build on this by empowering the Commissioner to conduct such investigations on behalf of individual children.

Section 11 of the UNCRC Act amends the 2003 Act to give the Children’s Commissioner powers to intervene in proceedings in which a person claims that a public authority has acted or proposes to act in a way that is unlawful under the compatibility duty in the Act. The Act also gives the Children’s Commissioner the power to bring proceedings in their own right for breach of the UNCRC requirements. The Scottish Parliament unanimously approved a reconsidered UNCRC (Incorporation) (Scotland) Bill on 7 December 2023. The Bill received Royal Assent on 16 January 2024 and the provisions will commence on 16 July 2024.

Human Rights Bill

In light of proposals for a new Human Rights Bill, the Scottish Government wants to strengthen the role of the SHRC so that it can continue to play a key role in protecting and realising human rights in Scotland. We therefore sought views in the recent Human Rights Bill public consultation on strengthening the powers of the SHRC to include being able to bring or intervene in civil proceedings under the Bill; and in relation to an investigatory power to tackle systemic issues relating to the rights in the Bill (relating to civil matters). We are also considering new powers for the Children and Young People’s Commissioner Scotland so that they are able to fulfil their duty of protecting and promoting children’s rights in Scotland under the Human Rights Bill.

Next Steps

• See sections 1.2 and 1.3 in relation to the UNCRC Act and the Human Rights Bill respectively.

1.10 Raising Awareness of Children’s Rights

No: 14a

UN Concluding Observation

Adopt a national strategy for awareness-raising of children’s rights among the public, and promote the active involvement of children in public outreach activities.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.9 – Raising Awareness of Children’s Rights

Progress since November 2022

Section 1(3) of the Children and Young People (Scotland) Act 2014 currently places a duty on Scottish Ministers to promote public awareness and understanding of children’s rights, including amongst children. Provisions in the UNCRC Act, which was approved by Scottish Parliament on 7 December 2023 and received Royal assent on 16 January 2024, incorporate into Scots law Article 42 of the UNCRC once the duties commence. This Article provides for States parties to make the principles and provisions of the Convention widely known amongst adults and children.

The Scottish Government is continuing to co-create a national programme of awareness raising activities with and for children and young people as well as parents, carers, and families. The purpose is to ensure they are aware of and understand the UNCRC, and to support them to be rights defenders. The programme has, thus far, adopted universal messaging and taken a broad approach. In 2024, it will take a more targeted approach to ensure that children who are experiencing multiple challenges and their families are reached. The Scottish Government’s UNCRC Awareness Raising Network, made up of organisations working closely with children and young people and parents and families, are supporting the messaging, design, and implementation of the programme.

In November 2022, Your Guide to Children’s Rights, for Parents, Carers and Family Members, which was co-created with parents and families, was published on the Parent Club webpage, along with signposting to other relevant information and resources. As of February 2024, there had been 9,216 views of the webpage and 1549 downloads of the booklet. The Guide for Parents, Carers and Families will be updated to reflect the UNCRC being incorporated into Scots law and tested with parents and carers in three focus groups. These will ascertain the impact of the booklet and may lead to further changes. A new version of the Guide will be printed and distributed to parenting and family organisations across Scotland.

We have also continued to raise awareness of the UNCRC amongst children and young people. In May 2022, the Scottish Government announced three years of national funding for UNICEF UK to offer their Rights Respecting Schools Award (RRSA) programme to all 2,400 state primary and secondary schools in Scotland. Prior to this national funding, the costs of participation were met locally by schools and local authorities. UNICEF UK works with schools across the country to embed children’s rights in a school’s ethos, raise awareness of the UNCRC and increase understanding of children's rights. In May 2022, prior to the national funding, 57% of schools had signed up to the RRSA programme, that figure has increased to 77% in January 2024, with 421 new schools registering and a total of 748 achieving either a silver or gold award.

In November 2022, the Scottish Government worked with Scotland’s national youth agency, Young Scot, to co-create a children’s rights awareness raising social media campaign by and for young people. The campaign had over 300,000 viewings of videos made by young people over the eight days it ran.

The Scottish Government’s awareness raising programme will focus on the following four key areas identified by the Scottish Government’s UNCRC Awareness Raising Network:

• I know about my rights, and I know how they are relevant to my life.
• I know what to do if my rights are not upheld and respected.
• It’s not just up to me, it’s the responsibility of adults to make sure my rights are respected.
• I have the right to be listened to and my opinions taken into account by those adults. When they are making a decision about my life, they must make it in my best interests and explain it all to me.

Next Steps

• In 2024, the National Awareness Raising Programme will continue to be delivered, focusing on children and young people who are experiencing multiple challenges and their parents, carers, and families.
• The Rights Respecting Schools Programme will continue to be funded by the Scottish Government until March 2025.
• In 2024-25, the Scottish Government will continue to fund key children’s rights organisations (Together, Scottish Youth Parliament, Children’s Parliament, Young Scot, and Article 12) to lead awareness raising activities with children and young people.

1.11 Awareness Raising and Training Across the Public Sector

No: 14b

UN Concluding Observation

Ensure systematic training on children’s rights, the Convention and the Optional Protocols thereto for all professionals working for and with children, in particular those working in education, social work, law enforcement, immigration and justice.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.9 –Awareness Raising and Training Across the Public Sector

Progress since November 2022

The Scottish Government is continuing work to further embed children’s rights and the UNCRC across public services in Scotland, including within the Scottish Government itself. In February 2023, we launched a capacity building programme to raise awareness of children’s rights and the Child Rights and Wellbeing Impact Assessment for civil servants across the Scottish Government and its Executive Agencies. Since introduction, over 200 members of staff have attended the training sessions. An introduction to children’s rights e-learning course was also launched for Scottish Government and its Executive Agency staff in October 2023, to provide a hybrid approach to learning and support wider take up.

The Scottish Government published non-statutory guidance on taking a children’s human rights approach on 8 January 2024. This guidance was issued to provide those involved in public service delivery in Scotland with an introduction to the UNCRC and to support them to implement a children’s human rights approach and give effect to children’s rights in practice.

The UNCRC Act requires the Scottish Government to issue two sets of statutory guidance, which will seek to promote understanding within public authorities of the requirements of the Act, specifically: Part 2 (Duties on Public Authorities) and Part 3 (Children's Rights Scheme, Child Rights and Wellbeing Impact Assessment and Reporting Duties). The UNCRC Act requires that statutory guidance is subject to consultation with children, the Commissioner for Children and Young People in Scotland, the Scottish Commission for Human Rights, and other people the Scottish Ministers consider appropriate. Scottish Government officials are preparing to undertake consultation to meet these requirements.

Work is also underway to develop a Children’s Rights Skills and Knowledge Framework. The Framework will provide a single point from which to easily access new and existing resources and training in relation to children’s rights. It is intended to be a flexible and adaptable resource which can be used across a wide range of sectors, providing users with an enhanced understanding of how they can fulfil their duties in relation to the rights of children. This will ensure that strategic, sustainable, and structured support for the implementation of a child rights-based approach is available across the Scottish public authority workforce.

Working closely with stakeholders, including public authorities and children and families, is a key objective for the project. The organisations developing the Framework are working with two groups of co-production partners – a Children and Families Panel and a Professionals Panel.

We are also working with the Improvement Service (IS) to develop and deliver targeted support for local authorities. This partnership is building on existing work and relationships that the IS have with authorities, with a view to influencing and embedding a children’s human rights-based approach, particularly in relation to raising awareness, building capacity, and supporting cultural change. As part of this work, IS has developed training and resources for Elected Members and local authorities. The Scottish Government has also supported the IS to update a number of resources to make them applicable to all public authorities. These aim to assist authorities when considering how best to prepare for the commencement of the UNCRC Act and include: A Guide for Public Services in Scotland on Understanding Children’s Human Rights; and Getting Ready for UNCRC Framework; a practical resource for public authorities in Scotland to prepare for UNCRC incorporation.

The IS also host a UNCRC Implementation Knowledge Hub. This virtual space is focused on how public bodies are implementing the UNCRC in Scotland. The active membership is using this space to share resources, practice, and information, as well as to highlight events and discuss issues. The Hub also facilitates connections between professionals working on children’s rights across sectors.

A Peer Support Network constituted of officers from across all local authorities in Scotland has also been formed to promote the further implementation of a child rights-based approach in the design and delivery of services.

In May 2023, applications were invited for the Scottish Government’s Children’s Rights Innovation Fund (the Fund). Administered for the Scottish Government by the Corra Foundation, the Fund was developed to provide financial support for innovative approaches to embedding children’s rights in public authorities under a broader National Improvement Programme. As well as creating a way for local practice to improve and innovate, the Fund will also enable a community of children’s rights practitioners and champions to share good practice, and contribute to a national directory of resources, case studies and support.

In September 2023, eight projects were approved following an assessment process informed by a panel of young people who recommended the projects they felt would have the most impact. The successful projects include support to a range of groups of children and young people most at risk of not having their rights met.

The Scottish Government has also established a UNCRC Regulation and Improvement Action Group to support regulators to embed child rights considerations into their practice and the practice of the organisations they reach. The Group will assist the Scottish Government to identify and implement practical steps to further embed children’s rights within regulatory frameworks and inspection regimes.

Rights Training for Professionals

Section 2.9 of the Embedding Children’s Rights in Scotland: Position Statement (2022) included information about training on children’s rights provided for relevant professionals, including teachers, healthcare professionals, and the Scottish Prison Service. Training provided for teachers and those working in the Children’s Hearings System and justice system and training for social workers on age assessment are discussed at other sections of this report.

The Scottish Government has commissioned the Scottish Social Services Council (SSSC) to work with stakeholders on a review of the Common Core (2012), which sets out the key skills, knowledge and understanding, and values that everyone should have if they work with children, young people, and their families, whether they are paid or unpaid. There will be a focus in the review to shift the emphasis of the Common Core to values, knowledge and understanding of the children’s workforce in Scotland. This is in recognition of the fact that the skills required for all sections of the children’s workforce are articulated in detail by the bodies regulating those services.

Next Steps

• The Scottish Government will continue to deliver the UNCRC National Improvement Programme, including supporting public authorities to implement the Children’s Rights Skills and Knowledge Framework, sharing learning from the UNCRC Innovation Fund projects, and providing capacity building support for public authorities.
• The reviewed Common Core is due to be launched in 2024.

1.12 International Cooperation

No: 15

UN Concluding Observation

The Committee commends the State party for its commitment to meet the internationally agreed target of allocating 0.7 per cent of gross national income to official development assistance. Recalling target 17.2 of the Sustainable Development Goals, the Committee encourages the State party to regain the target as soon as possible and adopt a children’s rights-based approach in respect of its trade agreements and development aid policy and programmes.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.15 – International Development

Scottish Government Position

International Development

The State party (UK Government) is under the obligation to meet the internationally agreed target of allocating 0.7% of gross national income to official development assistance (ODA). The Scottish Government has consistently made clear its view that the cut from 0.7% to 0.5% ODA by the UK Government has continued to hit the world’s poorest and most marginal communities at a time of great need.

Like all other parts of the UK, Scotland has always contributed through its taxpayers to the UK Government’s international development work, which is delivered through the Foreign, Commonwealth & Development Office (FCDO) and other UK Government Departments, such as the Ministry of Defence. International relations are reserved to Westminster; however, with agreement of the UK Government, the Scottish Government established its international development footprint from 2005. Our additional International Development work is funded from within the Scottish Government’s own budget.^[3]

In 2020-21, the Scottish Government reviewed its approach to international development, to ensure we are focusing our work on areas where we can make the biggest contribution and difference in our partner countries against the backdrop of COVID-19. One of the key outcomes of the Review was the development of a

new set of Scottish Government International Development Principles (2021). Within those Principles, we committed to an overarching ethos for our work, that “International Solidarity in an interdependent world means embedding a human rights approach in all our work.” Our International Development Principles provide clear commitment to: partner country-led and inclusive development, equality, amplifying Global South voices, and inclusion and diversity. Those Principles have been adopted across the Scottish Government. We have also committed to taking a feminist approach to our international development work.

We are currently developing new international development programmes with our focus countries, partnering with them to: tackle non-communicable diseases; support inclusive education for those who have additional support needs; and advance the rights of women and girls. Our programming will align with our Scottish Government International Development Principles.

International Trade

Responsibility for the regulation of international trade is reserved to the UK Parliament. However, we scrutinise the UK Government’s proposals for each new Free Trade Agreement (FTA) and assess these against our principles, so that they best serve the interests of Scotland’s economy, people, and the planet. Scotland’s Vision for Trade (2021) recognises that human rights must be a central consideration in our trade policy. The Scottish Government developed a Human Rights Assessment process to evaluate the human rights record of the UK Government’s prospective FTA partners and produce concrete recommendations on how the UK Government could use trade negotiations to promote and improve human rights, including the rights of children. The process is supported within the Scottish Government by a cross-government Human Rights Reference Group.

Next Steps

• We are currently developing new international development programmes with our focus countries, partnering with them to: tackle non-communicable diseases; support inclusive education for those who have additional support needs; and advance the rights of women and girls.

1.13 Children’s Rights and Business

No: 16a

UN Concluding Observation

Ensure the legal accountability of business enterprises and their subsidiaries operating in or managed from the State party’s territory in relation to international and national human rights, labour, environmental and other standards.

No: 16b

UN Concluding Observation

Require companies to undertake assessments of, consultations on and full public disclosure of the environmental, health-related and children’s rights impacts of their business activities and their plans to address such impacts.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.14 – Human Rights in Business

Constitutional Framework

Company law is reserved to the UK Parliament, therefore it is not within the powers of the Scottish Government to legislate for the accountability described in the Committee’s recommendation.

Progress since November 2022

The Scottish Government adheres to the UN Guiding Principles on Business and Human Rights (UNGPs), which stipulate that companies must assess and address human rights risks and abuses arising in all aspects of their business. We are committed to supporting Scottish businesses to ensure they do not, consciously or inadvertently, become party to such human rights abuses and to remediate if breaches occur.

The Scottish Government recognises that the UNGPs should directly inform Scotland’s trade policy in a way that assists Scottish businesses to ensure that their own activities promote and uphold human rights. We are committed to implementing human rights obligations, such as through due diligence, procurement and in any actions taken by the Scottish Government to improve the trading environment for goods and services and investment, as well as exploring further options on the connections between human rights and trade.

Vision and Ambition

Building a Wellbeing Economy is the overarching vision of Scotland’s National Strategy for Economic Transformation (2022), which sets out the Scottish Government’s ambition to tackle structural economic inequalities. A fair, green and growing economy, which benefits all of Scotland’s communities and people, and where businesses thrive, is critical to the three Missions of equality, opportunity and community set out by the First Minister in the Policy Prospectus, published in April 2023. As committed to in the National Strategy for Economic Transformation (NSET), we have established a Centre of Expertise in Equality and Human Rights to work with external partners to embed equality and human rights in Scottish Government economic policy making (see section 1.7).

The Scottish Government supports Scotland’s enterprise agencies to carry out due diligence checks on their trade and investment activity, including applying the Scottish Government’s Guidance on Due Diligence: Human Rights (2018) and discretionary economic policy against trade and investment with Russia.

Public procurement

Companies awarded public contracts are required to comply with social, environmental, and labour laws and obligations when performing those contracts, and contracts can be terminated where breaches of these laws occur. The sustainable procurement duty set out in the Procurement Reform (Scotland) Act 2014 requires public bodies to consider and act on opportunities to improve economic, social and environmental wellbeing, and reduce inequality within their procurements. We use the duty as a means of driving positive outcomes in our contracts through a range of means, for example Fair Work, community benefits, and addressing the climate emergency. Our National sustainable procurement tools and associated guidance have been designed to help public bodies comply with policy and legislation and include a focus on human rights and equality as well as climate and circular economy obligations.

Fair work

Powers over employment law, the regulation of international trade, and trade and industry are reserved to the UK Parliament. Absent these powers, the Scottish Government has, within its devolved competence, set to build a Wellbeing Economy and is using its Fair Work policy to promote fairer work practices across the labour market in Scotland. Through our Fair Work First policy, we are leveraging employers’ commitment to fair work by applying Fair Work principles to public sector grants, other funding, and contracts where it is relevant and proportionate to do so. In Scotland, public sector grants awarded on or after 1 July 2023 are required to pay at least the real Living Wage to all employees, and to provide appropriate channels for effective workers’ voice. In October 2021, it became a requirement for companies bidding for Scottish Government contracts to pay workers delivering those contracts at least the real Living Wage, where relevant and proportionate. While public bodies are responsible for their own procurement decisions, Fair Work First is being encouraged across the whole of the public sector in Scotland to help drive up workplace standards.

Climate change/environment

The Scottish Government maintains a comprehensive set of environmental regulations to ensure that business and industrial premises in Scotland operate within high standards. The Scottish Environment Protection Agency regulates individual sites, setting limits on their impact on the environment through permits, and monitors their environmental performance to prevent any harm to the health and wellbeing of people, including consideration of the effect on children. Environmental monitoring data is publicly available for large industrial sites and for water and air quality across Scotland. Significant new developments will be subject to Environmental Impact Assessments, which provide transparent information on the potential impacts on the environment and communities, and how these will be mitigated, as part of the process of securing planning permission.

Next Steps

• An implementation plan for the New Deal for Business Group recommendations was published on 19 October 2023. It details how recommendations will be taken forward over the next 18 months and includes actions in relation to businesses’ role in building a Wellbeing Economy.
• The Scottish Government has consulted on the recognition of a human right to a healthy environment in a planned Human Rights Bill. Proposed substantive elements of the right include clean air; safe and sufficient water; and non-toxic environments in which to live, work, study and play. This takes account of the vulnerability of children to poor environmental quality. While Scotland currently has strong legal protections and policy initiatives for environmental protection, recognising the right to a healthy environment as a human right of everyone in Scotland will deliver a stronger framework from which to take further action and strengthen accountability.

1.14 Access to Justice & Remedies

No: 17a

UN Concluding Observation

Ensure all children have access to confidential, child-friendly and independent complaints mechanisms in schools, alternative care settings, foster care systems, mental health settings and detention for reporting all forms of violence, abuse, discrimination and other violations of their rights, and raise awareness among children of their right to file a complaint under existing mechanisms.

No: 17b

UN Concluding Observation

Ensure all children have access to legal support and representations and remedies, including by removing barriers faced by children in disadvantaged situations and expanding the types of support provided under the legal aid budget.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 3.3 – Receiving and Monitoring Complaints of Discrimination
• Section 3.4 – Child Friendly Complaints Process
• Section 3.13 – Hearing the views of Individual Children and Young People
• Section 3.14 – Legal Aid and Advice

Progress since November 2022

Systems are in place across a range of settings to support individuals, including children and young people, to complain about possible breaches of their rights.

Residential Care

The Care Inspectorate are the independent regulator for social care services in Scotland and are responsible for the regulation, oversight, and improvement of care homes. The Care Inspectorate operates a complaints procedure for anyone who wishes to raise a concern about a care service or a member of staff working in a care setting. If a child or young person is unhappy about the standard of care they are receiving, or want to talk to someone in confidence, they can do so by contacting the Care Inspectorate directly. Information on how to do so is contained on the Care Inspectorate website. This includes a helpful animation and information on how to contact them via text. Following receipt of a complaint, the Care Inspectorate will investigate and determine whether any remedial action is required by the provider in order to resolve the complaint.

Education

There are a number of mechanisms through which families of children and young people with additional support needs can resolve their concerns under the Education (Additional Support for Learning)(Scotland) Act 2004 (see section 2.3 of this report). In addition, complaints can be made through individual local authority’s complaints procedures. Where individuals remain dissatisfied with the authority’s response, they have the right to contact the Scottish Public Services Ombudsman (SPSO), who handle complaints about public services in Scotland. This is discussed at section 3.3 of the Embedding Children's Rights in Scotland: Position Statement (2022).

Mental Health Law

The Scottish Government is establishing a new Mental Health and Capacity Reform Programme. This will look at options to update mental health and capacity legislation to further enhance the protection of human rights. The programme will also drive action across the mental health system to improve how we put rights into practice. This includes work to strengthen access to independent advocacy. The programme will also aim to strengthen accountability and improve existing mechanisms for upholding human rights, including the rights of children. An initial delivery plan will be published in early 2024.

Scottish Prison Service

The Scottish Prison Service (SPS) has undertaken a review of the SPS’s complaints mechanism in relation to under 18s, to assess its effectiveness and the extent to which it aligns with international human rights standards and guidelines. This has resulted in a presentation being developed for children to simplify the complaints procedure and make them aware of their rights in custody. Children have the opportunity to access support from staff and services to complete the necessary paperwork when making a complaint.

A Communication Friendly Project is currently underway at HMP & YOI Polmont. As part of this collaborative work driven by Forth Valley Specialist Speech Language Therapists and the SPS, easy read resources were developed for children and young people in custody, including an easy read version of the complaints mechanism. Independent prison monitors also continue to visit HMP & YOI Polmont regularly and make themselves known to young people.

Children’s Commissioner

The Commissioner for Children and Young People can investigate possible breaches of rights on behalf of groups of children where there are wider implications for children’s rights and for individual children in specified circumstances. The Commissioner’s investigatory powers are discussed further at section 1.9.

Child Friendly Complaints Process

The Scottish Public Services Ombudsman (SPSO) has a statutory function in relation to complaints handling for most public bodies. In 2021, the Scottish Government announced funding to the SPSO for a three-year project to develop child-friendly complaints procedures as part of a model complaints handling process. These approaches aim to ensure that children and young people can access complaints procedures and that processes are centred around the needs of the child when a complaint is made on their behalf or concerning them. The SPSO has co-created the new resources with groups of children and young people. The procedures have been drafted in such a way that they can be adapted and adopted by other public bodies not within the jurisdiction of SPSO who are seeking to establish similar processes.

The SPSO is currently piloting these resources, which have been sent to a wide variety of complaint handlers from public bodies and the third sector.

During the pilot phase, stakeholders have been invited to view, trial, and submit feedback on the materials and process. Stakeholders were encouraged to reflect on the usefulness of the guidance, how children and young people felt when engaging with the draft complaints process, the strengths of the proposed approach and areas for development. The SPSO is continuing to work with pilot organisations to respond to feedback and prepare for a soft launch of the resource in April 2024.

Legal Support and Representation

The Scottish Government is providing funding to Clan Childlaw and the Scottish Child Law Centre so that children and young people and their representatives will have access to free legal advice and (from Clan Childlaw) representation when seeking to use the courts to enforce their rights.

Children and young people in Scotland have access to the full range of publicly funded legal assistance as provided through the Scottish Legal Aid Board (SLAB). Legal Aid is discussed at section 3.14 of the Embedding Children’s Rights in Scotland: Position Statement (2022)

In November 2022, a Scottish Statutory Instrument was laid before the Scottish Parliament to extend the provision of a type of legal aid known as Assistance By Way of Representation (“ABWOR”) so that it may be available to the siblings of a child who is subject to Children’s Hearing proceedings and who either have, or are seeking, rights to participate in those proceedings. The availability of ABWOR to siblings will be non-means tested and subject to an effective participation test, approved by SLAB.

In June 2023, a Scottish Statutory Instrument was laid to provide that payments made by the UK Government through the Social Security (Additional Payments) Act and the Social Fund Winter Fuel Payments (Temporary Increase) Regulations 2023 are to be disregarded when calculating financial eligibility for different types of legal aid, including children’s legal aid.

A Scottish Statutory Instrument was laid in February 2024 to provide that legal aid is to be automatically available to a child in relation to whom a children’s hearing or pre-hearing panel is considering imposing a compulsory supervision order that includes a movement restriction condition (in accordance with sections 83 and 84 of the Children's Hearings (Scotland) Act 2011)

Children also continue to have access to independent advocacy when attending a Children’s Hearing through the Scotland-wide Children’s Advocacy in Children’s Hearings scheme. Advocacy in the Hearings System is discussed further at section 3.13 of the Position Statement (2022).

Next Steps

Mental Health Law

• The Scottish Government will publish an initial delivery plan for the Mental Health and Capacity Reform Programme in early 2024. This will set out initial actions that will be taken forward between October 2023 to April 2025.

Child Friendly Complaints Process

• The SPSO will publish the full child friendly complaints approaches and procedures in April 2024. Public bodies under the jurisdiction of SPSO will be supported to achieve compliance through training and resources.

Legal Support and Representation

• In 2024-25, the Scottish Government will continue to provide funding so that children and young people and their representatives will have access to free legal advice and representation when seeking to use the courts to enforce their rights.
• SLAB will continue to monitor the provision of publicly funded legal assistance to children and young people and bring any issues around provision to the attention of the Scottish Government.
• The external evaluation of the Children’s Hearings Advocacy provision contract was awarded to Research Scotland and commenced on 29 January 2024. The final Report will be with Scottish Ministers by end of October 2024.

1.15 Age of the Child

No: 18a

UN Concluding Observation

Ensure that all children, including those who are 16 and 17 years of age, are defined as children in law and receive protection as children in practice, including by undertaking a review of age-based legislation throughout all jurisdictions of the State party.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.16 – Definition of a Child

Scottish Government Position

The United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act (UNCRC Act) provides that, for the purposes of the incorporated rights and obligations, a child is a person under 18 years.

Provided it does not prevent the realisation of their rights, Scottish policy and legislation related to children and young people may continue to operate with different age thresholds once the provisions in the UNCRC Act commence. The UNCRC recognises the evolving capacity of children and young people, and that children and young people will have increased choices and ability to influence decisions that affect them as they grow older. Therefore, in some contexts (such as the right to vote), treating young people in the same way as adults will strengthen their rights, and in other contexts (such as diversion from the criminal justice system), treating young people in a different way will strengthen their rights. The UNCRC Act requires that when Scottish Parliament legislation defines an age threshold for support, protection, or responsibilities, it does so in a way that is compatible with the UNCRC requirements.

Next Steps

• The Scottish Government has an existing continuous process of reviewing our statute book in light of evolving case law, policy development and societal change in relation to human rights.

1.16 Minimum Age of Marriage

No: 18b

UN Concluding Observation

Prohibit all marriages under 18 years of age, without exception in Scotland.

Relevant section of Scottish Government’s November 2022 Position Statement

• Section 2.16 – Definition of a Child

Progress Since November 2022

All marriages and civil partnerships in Scotland must be entered into with the full consent of both parties. There is also existing legislative provision in Scotland against forced marriage (see section 4.7). These protections fully extend to forced civil partnerships from 30 November 2023.

The Scottish Government has been gathering views and evidence from key stakeholders on raising the age of marriage in Scotland from 16 to 18 years. We have met with around 30 groups and organisations representing a range of interests. This includes groups focused on ending forced marriage and violence against women and girls, religious and belief organisations, family law academics and members of the Scottish Youth Parliament. We will continue to engage with interested groups and organisations.

Next Steps

• The Scottish Government intends to consult formally in 2024 on the minimum age of marriage and civil partnership as part of a consultation on a variety of family law issues. The Scottish Government aims to publish this consultation by summer 2024.
• The National Records of Scotland (NRS) publishes data on the numbers of marriages solemnised and civil partnerships registered each year in Scotland. This includes data on age at marriage, including on the numbers of 16 to 20 year olds who marry. We will discuss with NRS whether it would be appropriate for statistics to be published on registered marriages involving 16 and 17 year olds.