National Guidance for Child Protection in Scotland 2021 - updated 2023

Appendix E: United Nations Convention On the Rights Of The Child

Protecting rights, protecting children: signposts to Convention Articles

Best interests of child as a primary consideration in all actions concerning children

Article

3

Child’s right to life, survival and development

Article

6

Protection from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Duty to provide programmes of support for child and carer; and for prevention, identification, reporting, referral and treatment of child maltreatment

Article

19.1 19.2

Protection from all forms of sexual abuse and exploitation; including exploitation through work which may be hazardous to child’s development. Duties of States Parties to promote physical and psychological recovery from abuse and neglect.

Article

34, 36, 32, 39

Protection from all forms of torture, inhuman or degrading treatment or punishment. Protection from unlawful deprivation of liberty and right to prompt access to legal and other assistance if deprived of liberty.

Article

37, 37d

Prevention of abduction, sale and trafficking of children

Article

35

Right of child capable of forming views to express views freely in all matters affecting the child, the views being given due weight in accordance with age and maturity

Article

12

Respect for rights without discrimination

Article

2

A mentally or physically disabled child should enjoy a full life in conditions which facilitate self-reliance and active participation

Article

23

Right to: the highest attainable standard of health and to facilities for treatment of illness and rehabilitation; preventative health care and parental guidance; and protection from traditional practices harmful to health

Article

24, 24.3

Protection from illicit use of narcotic drugs and psychotropic substances

Article

33

Respect for rights and duties of parents and family

Article

5

Right to know and be cared for by parents (subject to best interests)

Article

7

Assistance to parents and legal guardians in child-rearing responsibilities

Article

18.2

A child shall not be separated from parents against his or her will except when competent authorities decide, subject to judicial review and in accordance with applicable law and procedures, that this is necessary for the best interests of the child

Article

9

Right to preserve personal relations when separated except if contrary to child’s interests

Article

9.3

A child temporarily or permanently deprived of his or her family environment shall be entitled to special protection and assistance provided by the state; and right to periodic review for children placed for reasons of care, protection or treatment

Article

20, 25

Right to a standard or living adequate for physical, mental, spiritual and moral development. Primary responsibilities of parents and duties of States Parties to support parents

Article

27.1,

27.2,

27.3

Right to education and to experience education encompassing core intentions; to enjoy rest and play; and to participate in cultural and artistic life

Article

28,

29a-e, 31

Right to preserve identity and to enjoy own culture, faith or language

Article

8, 30

Freedom of expression; of thought, conscience and religion; of association

Article

13, 14,

15

Protection from unlawful interference with his or her privacy, family home or correspondence; and from unlawful attacks on honour and reputation

Article

16

Rights of children who infringe the law; considering age, circumstances; and wellbeing

Article

40

Appropriate guidelines for protection from information and material injurious to wellbeing

Article

17e

Recognition of adoption subject to best interests as the paramount consideration

Article

21

Child seeking refugee status shall receive appropriate protection and humanitarian assistance

Article

22

Respect for international humanitarian law and protection of children affected by armed conflict

Article

38

Protection from illicit transfer and non-return of children abroad

Article

11

States Parties’ duty to take all reasonable measures to implement UNCRC rights

Article

4