Publication - FOI/EIR release

Article 7 of the United Nations Convention on the Rights of Child (UNCRC) questions: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
11 Nov 2020
Article 7 of the United Nations Convention on the Rights of Child (UNCRC) questions: FOI release
FOI reference: FOI/202000092641
Date received: 30 Sep 2020
Date responded: 26 Oct 2020
Information requested

1. What is the timeline for Article 7 of the United Nations Convention on the Rights of Child (UNCRC) to be fully enshrined in Scots Law?

2. Which minister has responsibility for drafting the legislation that complies with UNCRC?

3. What is the currently recorded Scottish Government definition of “as far as possible” within the draft legislation/amendments to legislation for Article 7 of the UNCRC?

4. What is the currently recorded Scottish Government definition of “to know” within the draft legislation/amendments for Article 7 of the UNCRC?

Response

Some of the information you have requested is available from the UNCRC (Incorporation) (Scotland) Bill page of the Scottish Parliament website which can be accessed here: https://beta.parliament.scot/bills/united-nations-convention-on-the-rights-of-the-child-incorporation-scotland-bill#target1

and the UNRC (Incorporation) (Scotland) Bill policy memorandum which can be accessed here: https://beta.parliament.scot/-/media/files/legislation/bills/current-bills/united-nations-convention-on-the-rights-of-the-child-incorporation-scotland-bill/introduced/policy-memorandum-united-nations-convention-on-the-rights-of-the-child-scotland-bill.pdf

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

You may also find the information below helpful.

The United Nations Convention on the Rights of the Child UNCRC (Incorporation)(Scotland) Bill was introduced to Parliament on 1 September and is currently going through the parliamentary stages. You can follow the passage of the Bill from the Scottish Parliament’s website noted above.

The lead Minister for the UNCRC (Incorporation)(Scotland) Bill is the Deputy First Minister and Cabinet Secretary for Education and Skills John Swinney.

Under the Bill, interpretation of the incorporated rights and obligations will ultimately be a matter for the courts as discussed in paragraph 51 of the policy memorandum.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
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Edinburgh
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