Scottish Attainment Challenge 2022 to 2023 - 2025 to 2026: child rights and wellbeing impact assessment

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

All UNCRC rights are underpinned by the four general principles: non-discrimination; the best interests of the child; the right to life, survival and development; and the child's right to have their views given due weight. This section of the CRWIA highlights the articles of the UNCRC and Optional Protocols which are relevant to the provisions included in the CRWIA.

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

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, or legal guardians, have the right to benefit from childcare services and facilities.

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 the right to education on an equal basis;

• making primary education compulsory and available free to all.
• encourage the development of different forms of secondary education, including general and vocational education making them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need.
• make higher education accessible to all on the basis of capacity by every appropriate means.
• make educational and vocational information and guidance available and accessible to all children.
• take measures to encourage regular attendance at schools and the reduction of drop-out rates.

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 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