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Bail and Release from Custody (Scotland) Bill: children's rights and wellbeing impact assessment

Children's rights and wellbeing impact assessment (CRWIA) examining the potential impact on children's human rights of the Bail and Release from Custody (Scotland) Bill.


Annex 1 – UNCRC Article Clusters

CRC Clusters (unicef-irc.org)

I General measures of implementation

Article 4 implementation obligations Article 41 respect for existing standards Article 42 making Convention widely known Article 44(6) making reports widely available

II Definition of a child

Article 1

III General principles

Article 2 non-discrimination Article 3(1) best interest to be a primary consideration Article 3(2) State's obligations to ensure necessary care and protection Article 3(3) standards for institutions services and facilities Article 6 the right to life, survival and development (see also: VI Basic health and welfare ) Article 12 respect for the views of the child

IV Civil rights and freedoms

Article 7 right to name, nationality and to know and be cared for by parents Article 8 preservation of child's identity Article 13 freedom of expression Article 14 freedom of thought, conscience and religion Article 15 freedom of association and peaceful assembly Article 16 protection of privacy Article 17 child's access to information, and role of mass media Article 37(a) right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment

V Family environment and alternative care

Article 5 parental guidance and child's evolving capacities Article 18(1) and (2) parental responsibilities and State's assistance Article 9 separation from parents Article 10 family reunification Article 11 illicit transfer and non-return Article 27(4) recovery of maintenance for the child Article 20 children deprived of their family environment Article 21 adoption Article 25 periodic review of placement and treatment Article19 protection from all forms of violence Article 39 rehabilitation and reintegration of victims of violence (see also: VIII - Special protection measures )

VI Basic health and welfare

Article 6 right to life, survival and development (see also: III - General principles ) Article 18(3) support for working parents Article 23 rights of disabled children Article 24 right to health and health services Article 26 right to social security Article 27(1)-(3) right to adequate standard of living

VII Education, leisure and cultural activities

Article 28 right to education Article 29 aims of education Article 31 right to leisure, play and participation in cultural and artistic activities

VIII Special protection measures

A - Children in situations of emergency Article 22 refugee children Article 38 children and armed conflict Article 39 rehabilitation of child victims (see also: V Family environment and alternative care ) B - Children involved with the system of administration of juvenile justice Article 40 administration of juvenile justice Article 37(a) prohibition of capital punishment and life imprisonment Article 37(b)-(d) restriction of liberty Article 39 rehabilitation and reintegration of child victims (see also: V Family environment and alternative care) C - Children in situations of exploitation Article 32 child labour Article 33 drug abuse Article 34 sexual exploitation Article 35 sale, trafficking and abduction Article 36 other forms of exploitation D - Children belonging to a minority or an indigenous group Article 30

Optional Protocol to the UNCRC on the Involvement of Children in Armed Conflict Governments should ensure that children under 18 who are members of the armed forces do not take a part in combat. Any recruitment of children under 18 must be voluntary and carried out with the full consent of the child’s parents/carers. The UK Government has entered interpretive Declarations to this Optional Protocol. The UK would not exclude the deployment of under 18s who are members of the armed forces in direct combat if there is a genuine military need; it is not practicable to withdraw them before deployment; or doing so would undermine the operational effectiveness of their unit. The minimum age at which children may join the UK armed forces is 16 years, with parental consent required.

Optional Protocol to the UNCRC on the Sale of Children, Child Prostitution and Child Pornography Governments must prohibit the sale of children, child prostitution and child pornography, and recognise the vulnerability of child victims, protect their privacy, provide appropriate support services and ensure their safety.

Contact

Email: futureofcustody@gov.scot

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