Ukraine - A Warm Scots Future: child rights and wellbeing impact assessment

Analysis of the evidence

Using evidence detailed above, please answer the following questions on how this relevant proposal will impact children.

4. How have the findings outlined in questions 1-3 influenced the development of the relevant proposal? (Guidance Section 2.2)

The evidence shows that the Scottish Government’s next phase of the response to assisting displaced people from Ukraine in Scotland must continue to implement a robust approach to supporting children and young people during their time in Scotland. Our strategy will be important in ensuring that displaced children and young people from Ukraine have access to sufficient accommodation, education and healthcare.

5. Assessing for compatibility against the UNCRC requirements (Guidance Section 2.2)

Complete the below matrix, placing a tick against each article which is relevant to your existing legislation or decision or relevant proposal. Further on in the form you will be able to explain these answers in more detail.

UNCRC Articles

Please click on the triangle to expand and collapse the text for a full definition of each article.

What impact does/will your relevant proposal have on children’s rights (Please tick positive, negative or neutral)

• Article 1 Definition of the child - Neutral
• Article 2 Non-discrimination - Neutral
• Article 3 Best interests of the child - Positive
• Article 4 Implementation of the Convention - Positive
• Article 5 Parental guidance and a child’s evolving capacities - Neutral
• Article 6 Life, survival and development - Positive
• Article 7 Birth registration, name, nationality, care - Neutral
• Article 8 Protection and preservation of identity - Neutral
• Article 9 Separation from parents - Neutral
• Article 10 Family reunification - Positive
• Article 11 Abduction and non-return of children - Neutral
• Article 12 Respect for the views of the child - Neutral
• Article 13 Freedom of expression - Neutral
• Article 14 Freedom of thought, belief and religion - Neutral
• Article 15 Freedom of association - Neutral
• Article 16 Right to privacy - Neutral
• Article 17 Access to information from the media - Neutral
• Article 18 Parental responsibilities and state assistance - Positive
• Article 19 Protection from violence, abuse and neglect - Neutral
• Article 20 Children unable to live with their family - Positive
• Article 21 Adoption - Neutral
• Article 22 Refugee children - Positive
• Article 23 Children with a disability - Neutral
• Article 24 Health and health services - Positive
• Article 25 Review of treatment in care - Neutral
• Article 26 Social security - Positive
• Article 27 Adequate standard of living - Positive
• Article 28 Right to education - Positive
• Article 29 Goals of education - Positive
• Article 30 Children from minority or indigenous groups - Positive
• Article 31 Leisure, play and culture - Neutral
• Article 32 Child labour - Neutral
• Article 33 Drug abuse - Neutral
• Article 34 Sexual exploitation - Neutral
• Article 35 Abduction, sale and trafficking - Neutral
• Article 36 Other forms of exploitation - Neutral
• Article 37 Inhumane treatment and detention - Neutral
• Article 38 War and armed conflicts - Neutral
• Article 39 Recovery from trauma and reintegration - Positive
• Article 40 Juvenile justice - Neutral
• Article 41 Respect for higher national standards - Neutral
• Article 42 Knowledge of rights - Positive

First optional protocol

• Article 4 - Neutral
• Article 5 - Neutral
• Article 6 - Neutral
• Article 7 - Positive

Second Optional Protocol

• Article 1 - Neutral
• Article 2 - Neutral
• Article 3 - Neutral
• Article 4 - Neutral
• Article 6 - Neutral
• Article 7 - Neutral
• Article 8 - Neutral
• Article 9 - Neutral
• Article 10 - Neutral
• Article 11 - Neutral

6. Impact on children and young people (Guidance Section 2.2)

In relation to the UNCRC articles that you have ticked above, please explain how your relevant proposal will impact or currently impacts on individual or groups of children. Please give consideration to groups who may be considered at greatest risk of not having their right fulfilled.

The strategy seeks to support displaced people from Ukraine to integrate into Scottish communities. The strategy focuses on assisting families to transition from temporary and welcome accommodation into settled accommodation that meets the medium to long-term needs of displaced people from Ukraine in Scotland. The result of this should provide children with more settled accommodation, consistent access to education and improved access to healthcare.

Additionally, the strategy seeks to improve employability prospects for adults, including those with children, which may assist in providing further stability and integration for displaced children and young people from Ukraine. Particularly, improving employability prospects for those whose employment opportunities are limited due to childcare responsibilities.

As an action, the Scottish Government has committed to ensuring that the specific needs of children and young people are recognised and supported, taking into account the additional vulnerabilities of those who have travelled to Scotland unaccompanied. This is part of taking a trauma-informed approach and highlights the need for removing barriers to accessing specialist support if required. Additionally, strategic priority four emphasises the need to support ongoing family reunification where children and families have been separated. The Scottish Government has committed to promoting the need for routes to reunite families in their engagement with the UK Government.

7. Negative Impact/Incompatibility (Guidance Section 2.2)

If negative impact is identified in Question 5 above, can you elaborate on this and explain why impact is or will be negative?

N/A

Are there any potential concerns about compatibility with the UNCRC requirements? Please explain these here.

This is a high level policy position paper that does not contain any direct actions. The spirit of the paper does not present any negative impacts or concerns around compatibility with the UNCRC. The aim of the paper is to promote integration within Scottish communities for displaced people from Ukraine, and provide settled accommodation for the duration of their time in Scotland. The paper specifically calls for routes to family reunification – a key provision of UNCRC requirements.

Any future policy actions may require to be considered under the CRWIA to assess any potential negative impacts or incompatibility with the UNCRC.

8. Options for modification or mitigation of negative impact or incompatibility (Guidance Section 2.2)

What options have been considered to modify the existing legislation or decision or relevant proposal in order to mitigate negative impact or potential incompatibility issues?

Please summarise mitigation actions taken below:

Mitigation:

Issue or risk Identified per article/ Optional Protocol: N/A

Action Taken/ To Be Taken: N/A

Date action to be taken or was taken: N/A

9. Positive impact: Giving better or further effect to children’s rights in Scotland (Guidance Section 2.2)

If positive impact is identified in Question 5, please reflect on and explain how your relevant proposal currently protects, respects and fulfils children’s rights in Scotland or will do so in future.

The paper aims to positively impact displaced people from Ukraine in Scotland, including children and young people, by providing settled accommodation and support with integration into Scottish communities.

The strategic aims seek to provide children and young people with settled accommodation by continuing to reduce reliance on temporary and welcome accommodation. This should improve access to services such as education and healthcare, and employability for parents and caretakers of children and young people.

The paper aims to promote the integration of displaced people from Ukraine into wider Scottish communities by taking a trauma-informed approach which considers the needs of children and young people. The paper also specifically calls for routes to family reunification – a key provision of UNCRC requirements.

10. Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.2)

Please tick all of the wellbeing indicators that are relevant to your proposal.

Wellbeing Indicator

Will there be an improvement in wellbeing in relation to this indicator: yes/no

Safe - Growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential. This includes freedom from abuse or neglect. Yes

Healthy - Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices. Yes

Achieving - Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community. Yes

Nurtured - Growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity. Yes

Active - Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community. Yes

Respected - Being involved in and having their voices heard in decisions that affect their life, with support where appropriate. Yes

Responsible - Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision. Yes

Included - Having help to overcome inequalities and being accepted as part of their family, school and community. Yes