Embedding children's rights: position statement

The report sets out the progress made in relation to children's rights in Scotland since 2016.


1. The UNCRC cluster groups provide an internationally recognised approach to the monitoring and reporting of children's rights.

2. Progressing the Human Rights of Children in Scotland: A Report 2018 - 2021 (November 2021) sets out policies and legislation being taken forward in support of children's rights in Scotland.

3. The Sustainable Development Goals are 'global goals' and targets that are part of an internationally agreed performance framework.

4. The Scottish Ministers' duties under section 1 of the Children and Young People (Scotland) Act 2014 apply in devolved areas only.

5. Further information on the Collective Leadership Group's action plan is available on these links:

6. Coronavirus (COVID-19) Children and Families Collective Leadership Group: Action Plan

7. Coronavirus (COVID-19) Children and Families Collective Leadership Group: Action Plan - Outcomes

8. "the first optional protocol" means the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, "the second optional protocol" means the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. There are some words or parts of these protocols which the Bill does not incorporate because they relate to reserved matters.

9. Some parts of the UNCRC, for example the provision on military recruitment, relate to matters reserved to the UK Parliament and are beyond the legislative competence of the Scottish Parliament.

10. The UNCRC Bill would not place a statutory duty on public authorities to undertake CRWIAs in policy development. This is in line with the comments made by UNICEF UK during the public consultation on the draft Bill that this might place too much of a burden on public authorities.

11. Part 3, paragraph 8 of schedule 6 of the Coronavirus (Scotland) Act 2020, extended further by the Coronavirus (Extension and Expiry) (Scotland) Act 2021 and the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022.

12. The Fund supports the third sector to use early intervention and prevention to improve outcomes for children, young people, families and communities.

13. Scottish Youth Parliament, Children in Scotland, Carers Trust Scotland, Who Cares? Scotland, Aberlour and Scottish Commission for People with Learning Disabilities (SCLD)

14. Health and Education Chamber of the First Tier Tribunal for Scotland – Guidance to Tribunal Members - The Views of the Child

15. Children's Services Planning: Guidance.

16. As provided for in section 1 of the Equality Act 2010.

17. Section 28 of the 2010 Act.

18. As part of the Bute House Agreement, the Fair Work First policy will be strengthened. Specifically, by summer 2022, the Scottish Government will introduce a requirement for recipients of public sector grants to pay at least the real Living Wage to all employees and provide appropriate effective voice, such as trade union recognition, within the limits on devolved competence.

19. Petition PE1817: End Conversion Therapy

20. Annex E of the Improving Outcomes for Children, Young People and Families: Review of Children's Services Plans and Strategic Engagement Activity (July 2022) provides a summary of the Children, Young People and Families Outcomes Framework.

21. Chief Officer Groups comprise of Chief Executives of Local Authorities and NHS Health Boards, and Police Scotland Divisional Commanders

22. How good is our school?, How good is OUR school? Part 1; How good is OUR school? Part 2

23. Section 16 (4) of the Standards in Scotland's Schools etc. Act 2000.

24. Relevant local authority functions are those covering social work and social care for adults and children, including local authorities' role in mental health care, adult and child protection, and justice social work.

25. Scotland's Carers: Update Release.

26. These include: Education (Additional Support for Learning) (Scotland) Act 2004; Social Care (Self-directed Support) (Scotland) Act 2013; GIRFEC policy; Young Person's Guarantee; A Fairer Scotland for Disabled People: Employment Action Plan

27. The Transition Fund aims to support young disabled people to be active, engaged and contributing citizens.

28. The stretch aim is defined as reducing the drop off in breastfeeding rates at 6-8 weeks by 10% by 2025

29. For example, Diet and Healthy Weight Delivery Plan, Physical Activity Delivery Plan, Alcohol Framework and Tobacco Control Action Plan

30. D Fallon and K Broadhurst. (2015) Preventing unplanned pregnancy and improving preparation for parenthood for Care-Experienced young people (Coram).

31. Phase 1: main report - primary research with health visitors and parents and case note review and Phase 1: report - routine data analysis - workforce.

32. Free NHS Dental Care for Young People

33. Scotland's Economic and Fiscal Forecasts – May 2022 | Scottish Fiscal Commission

34. Scottish Health Survey 2019 - Volume 1: Main Report. The 2019 survey results are used due to 2020 and 2021 survey results being conducted by telephone as a result of the pandemic. They also did not include those under 16

35. The most recent statistics can be found here: Homelessness in Scotland: 2021/22

36. HESA Student Data

37. Report on Widening Access 2020-21

38. Global competence is defined as "A multidimensional capacity that encompasses the ability to examine global and intercultural issues, understand and appreciate different perspectives and viewpoints, interact successfully and respectfully with others, and take action for collective wellbeing and sustainable development."

39. Out to Play - creating outdoor play experiences for children: practical guidance

40. Article 3 (c), United Nations Palermo Protocol, November 2000.

41. Raising the Age of Referral: Consultation Analysis (2020)

42. Children's Care and Justice Bill - Policy Proposals: Consultation Analysis (2022)

43. The effect of this is that an offender under the age of 21 cannot be placed in an 'adult' prison.

44. SPS, Prison Service Population Data – 14 October 2022.


Email: UNCRCIncorporation@gov.scot

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