Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill 2025: CRWIA

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Positive

8. 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.

Religious Observance and Religious and Moral Education in Schools

In relation to article 12, the RO/RME changes will create a legal requirement to consider pupils’ views in the withdrawal process (where they are judged to be capable of forming a view), as well as providing clarity by aligning legislation with existing non-statutory guidance to ensure a more consistent experience for all pupils to have their views listened to.

In relation to article 14, the changes will prevent a pupil who is capable of forming a view from being withdrawn from RO against their wishes. This will allow them to continue to experience the opportunities for spiritual development offered by RO in school where they wish to do so. In relation to article 29, the changes will prevent a pupil from being withdrawn from RME against their wishes (where they are judged to have the capacity to form a view), supporting them to develop their talents and abilities to their fullest potential in RME if they wish.

Additionally, by amending the current legislation in the 1980 Act, the Scottish Government is supporting alignment of legislation with the UNCRC in its international form and effectively aligning legislation with long standing guidance on RO which has the potential to positively impact article 4 (implementing the UNCRC).

Amendment to the UNCRC Act

These provisions will help to protect, respect, and fulfil children’s rights in Scotland by supporting the effective implementation of the UNCRC in practice. In particular, this aligns with article 4, which requires appropriate legislative and administrative measures to realise the rights set out in the UNCRC. By clarifying how the compatibility duty in the UNCRC Act interacts with existing legal obligations on public authorities, the provision reduces legal uncertainty and supports the continued delivery of essential services to children.

In doing so, it helps to avoid scenarios where public authorities might feel unable to act due to conflicting duties, which could have a knock-on effect on a wide range of rights under the UNCRC Act. This legal clarity strengthens the broader framework needed to uphold children’s rights and ensures that public authorities can continue their functions with confidence. Overall, it contributes to a more coherent approach that protects against unintended negative consequences and supports long-term rights realisation.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

Religious Observance and Religious and Moral Education in Schools

A pupil may experience stress related to explaining their disagreement with their parent’s view, should the pupil choose to object to their withdrawal. The Scottish Government does not believe this amounts to an incompatibility, but have detailed the planned mitigations to address this risk below.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Please summarise mitigation actions taken below

Issue or risk identified and relevant UNCRC requirement

At present the decision on withdrawal from RO/RME is taken by the parent, without the views of the child legally needing to be considered (although this is advised in guidance). This may pose a risk to the child’s rights and wellbeing, if they are not being heard or represented in matters that affect them. However, there is the potential due to this change that children and young people may feel stress at the prospect of disagreeing with their parent if they choose to object to their withdrawal.

While they may choose not to express their views due to these concerns, the Scottish Government does see a greater harm if children and young people don’t have an opportunity to express their views at all. Therefore, when weighed against the potential harm of not amending the 1980 Act, the Scottish Government assess that there will be an overall benefit to children and young people from the changes made by the Bill.

Action Taken/ To Be Taken

To mitigate this risk the Scottish Government plans to ensure children and young people, parents, and teachers are consulted to inform the development of guidance. This guidance will aim to address concerns raised above, as well as any further concerns which may be raised during the development of the guidance. The Scottish Government will aim to ensure that the guidance supports schools to conduct the withdrawal process in a manner and setting which is as stress-free as possible.

Date action to be taken or was taken

Engagement with children and young people on the development of statutory guidance is planned to commence in spring 2025 and will continue into 2026. This engagement will also inform what professional learning and awareness raising might be required with schools, teachers and parents to support implementation.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Not Applicable

Achieving: Yes

Nurtured: Not Applicable

Active: Not Applicable

Respected: Yes

Responsible: Not Applicable

Included: Yes

If yes, please provide an explanation below:

The indicators listed below relate to the RO/RME provisions of the Bill. The provisions which amend the UNCRC Act do not directly contribute to any specific indicators, due to their technical and legal nature.

Safe – because within this definition it covers a child or young person growing up in an environment where they feel […] listened to. Giving pupils’ views due consideration in the withdrawal process in line with their age and maturity demonstrates a contribution to this area.

Achieving – the changes will give pupils capable of forming a view the choice to remain in RO/RME, giving them a greater say in their school education, and, particularly in the case of RME, being supported to learn and develop their skills in this area should they wish to remain in RME.

Respected – this definition states ‘being involved in and having their voices heard in decisions that affect their life, with support where appropriate’. The Bill proposes to do this within the context of the circumstances outlined in question 1.

Included – the ability for children to have a say and potentially stay in RO/RME provides the basis for them to continue to be involved in this part of their schooling.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The CRWIA will be published on gov.scot when the Bill is introduced so those wishing to access it can do so. Additionally, the CRWIA has in so far as possible been written in an accessible way for those wishing to read it to understand its content and the potential impact assessed. All stakeholders engaged in the development of the Bill, including organisations who have assisted in gaining the views of children and young people will be sent the CRWIA once it is published to demonstrate how their views have been involved in the development of the Bill. As set out above, the Scottish Government is also working with Together (Scottish Alliance for Children’s Rights) and children and young people to develop a child-friendly explainer of the amendment to the UNCRC Act which will be published.