Child Rights and Wellbeing Impact Assessment (CRWIA) for the National Care Service Charter of Rights

7. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The analysis below outlines how the decision to publish the Charter protects, respects and fulfils key articles of the United Nations Convention on the Rights of the Child (UNCRC):

Article 2 – Non-discrimination: All children have these rights regardless of their circumstances or characteristics. The Charter supports this right by providing information about rights in a way that is accessible to all children, including through formats that meet different needs and are consistent with the principles of equality reflected in the Equality Act 2010. Information on how to access support to realise rights should help ensure that all children can enjoy their rights on an equal basis. Publishing the Charter in a range of accessible formats should help ensure that all children can access information about their rights.

Article 4 – Implementation of the Convention: Publishing the Charter fulfils the duty for governments to carry out administrative measures in order to implement children’s rights. Work to implement the Charter can further ensure that children and those who provide support to children can access and use the Charter, which will increase the likelihood that rights are protected and respected by public authorities.

Article 6 – Life, survival and development: The Charter highlights children’s right to safety and to be free from harm, and provides contact details to use if a child feels they are in danger or at risk of harm. It also promotes and upholds the needs of children’s development ensuring that their circumstances or responsibilities do not impact on their ability to reach their full potential.

Article 12 – Respect for the views of the child: The Charter includes information about rights to be given information, to be listened to and to be as involved as possible in planning and decisions about support. There is a section about self-directed support which explains what should happen for children receiving social care support.

Children and young people have been listened to in the development of the Charter and the changes made as a result are included in Section 6.

Article 13 – Freedom of expression: The Charter helps to fulfil this right by providing accessible information about rights and what to expect from social care, social work and health support. It outlines the importance of children and young people being involved in decisions about their care, helping them to express, without discrimination, their needs and what matters to them. The Charter also signposts people to wider resources that provide further information, and to services that can help people to express their views and to access and understand information.

Article 16 – Right to privacy: The Charter describes people’s rights to privacy in the context of social care, social work and health support.

Article 19 – Protection from violence, abuse and neglect: The Charter highlights children’s right to safety and to be free from harm, and provides contact details to use if a child feels they are in danger or at risk of harm.

Article 23 – Children with a disability: The Charter will have a particularly positive impact on the rights of children with a disability, who are more likely to access social care, social work and health support. The Charter includes information about rights to live independently and to participate in the community.

Article 24 – Health and health services: By providing information about people’s rights in the context of social care, social work and health, the Charter helps to fulfil children's right to health and health services.

Article 42 – Knowledge of rights: By publishing the Charter, the Scottish Government are fulfilling their obligation to actively promote the rights included in the UNCRC. Work to implement and promote the Charter can further ensure that children and those who provide support to children are aware of their rights.