Routine protective measures in schools, early learning and childcare (ELC) settings and daycare of children's services: child rights and wellbeing impact assessment

Impact assessment of revised schools guidance and guidance for the Early Learning and Childcare (ELC) sector which seek to ensure routine protective measures are a proportionate and appropriate response to competing harms.


1. Which articles of the UNCRC does this policy/measure impact on?

Article 2 - Non-discrimination - Children should not be discriminated against in the enjoyment of their rights. No child should be discriminated against because of the situation or status of their parent/carer(s).

Article 3 - Best interests of the child - Every decision and action taken relating to a child must be in their best interests. Governments must take all appropriate legislative and administrative measures to ensure that children have the protection and care necessary for their wellbeing - and that the institutions, services and facilities responsible for their care and protection conform with established standards.

Article 6 - Life, survival and development - Every child has a right to life and to develop to their full potential.

Article 12 - Respect for the views of the child - Every child has a right to express their views and have them given due weight in accordance with their age and maturity. Children should be provided with the opportunity to be heard, either directly or through a representative or appropriate body.

Article 13 - Freedom of expression - Every child must be free to say what they think and to seek, receive and share information, as long as the information is not damaging to themselves or others.

Article 15 - Freedom of association - Every child has the right to freedom of assembly: to meet with other children, and to join groups and organisations, as long as it does not stop others from enjoying their rights.

Article 18(1,2,3) - Parental responsibilities and state assistance - Parents, or legal guardians, have the primary responsibility for the upbringing and development of the child, and should always consider what is best for the child. Governments must provide appropriate assistance to parents and carers to help them. Governments must take all appropriate measures to ensure the children of working parents have the right to benefit from childcare services and facilities.

Article 19 - Protection from all forms of violence - Children have a right to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Governments must do all that they can to ensure this.

Article 23 - Children with disabilities - A disabled child has the right to enjoy a full and decent life in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community. Governments must recognise the right of the disabled child to special care, and ensure the disabled child has effective access to education, training, health care, rehabilitation, preparation for employment, and recreational opportunities.

Article 24 - Health and health services - All children have a right to the highest attainable standard of health, and to health care services that help them to attain this. Governments must provide good quality health care, clean water, nutritious food and a clean environment so that children can stay healthy.

Article 28 - Right to education

Every child has a right to education on the basis of equal opportunity. Primary education must be free. Secondary education must be available to every child, with financial assistance available in case of need. Information and guidance on education should be available to all. Governments should take measures to encourage regular attendance and reduce drop-out rates. School discipline should be administered in a manner consistent with the child's human dignity.

Article 29 - Goals of education

Education must aim to develop every child's personality, talents and abilities to their fullest potential. It must encourage the child's respect for human rights, their origins and identity, for other cultures around the world, and for the natural environment.

Article 30 - Children of minorities/indigenous groups - Every child has the right to learn and use the language, customs and religion of their family, whether or not these are shared by the majority of people in the country where they live.

Article 31 - Leisure, play and culture - Every child has a right to rest and leisure, to engage in play and recreational activities, and to take part in a range of cultural and artistic activities.

Article 34 - Sexual exploitation - Governments must protect children from all forms of sexual exploitation and abuse.

Article 39 - Recovery and rehabilitation of child victims - Children who have been the victims of any form of exploitation or abuse; cruel, inhuman or degrading treatment or punishment; or who are victims of war should receive the help they need to recover their health, dignity and self-respect, and reintegrate into society

Contact

Email: CERG@gov.scot

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