First Children's Rights Scheme

3. Conclusion and reporting and reviewing timescales

This Children’s Rights Scheme has set out the Scottish Ministers’ approach to complying with the section 6 duty and securing better or further effect of the rights of children and young people.

The arrangements are intended to be wide ranging, in recognition of what will be required for the Scottish Government and other public authorities to deliver the new duties in the Act.

However, it is important to emphasise that responsibility for progressing children’s rights does not rest solely on Scottish Ministers. It will require leadership and support from a wide range of public authorities, third sector organisations, academic organisations, funders, and civic society. We encourage all organisations to consider how they can embed the drivers of change that are required and are set out in the Theory of Change for Making for Children’s Rights Real.

We have made important progress in our journey to making Scotland a country that respects, protects and fulfils children’s rights. Our work on giving further and better effect to children’s rights has to be sequenced and timetabled, not only to reflect the resources available but also so that we build on progress in a manageable and incremental way, taking time to understand what is working well and when we are ready to build on this with next steps.

Reporting on, reviewing and amending the Scheme

Section 14(4) of the Act states that this first Children’s Rights Scheme must specify the date by which the first report on its operation is to be published and laid before the Scottish Parliament. Section 16(7) states that thereafter, the reporting period is each subsequent period of a year.

We intend to lay the first report on the operation of this Scheme before Parliament in November 2026, to coincide as closely as possible with World Children’s Day and establish this timing for subsequent reports. This will be accompanied by a child friendly version.

Section 16(3) of the Act states that the report on the Scheme’s operation must include a summary of the actions taken for the purpose of ensuring compliance with the section 6 duty and securing better or further effect of the rights of children during the reporting period. It also states that it should include a summary of any actions that the Scottish Ministers intend to take in the next reporting period. As explained in the introduction, under section 16(5), if new actions are to be set out for the next reporting period, the Scottish Ministers must consult (in relation to those actions) with:

• children and young people;
• the Commissioner for Children and Young People in Scotland;
• the Scottish Human Rights Commission; and,
• such other persons as the Scottish Ministers consider appropriate.

To ensure that there is enough time between setting the first actions and considering the need for new actions and so that we avoid overburdening children and young people and the children’s rights sector with consultation demands, we have drafted this first Children’s Rights Scheme to include arrangements and commitments that are sufficiently broad and ambitious to stand until at least November 2028.

We recognise the requirement in Section 16(2) of the Act that at the end of each reporting period, the Scottish Ministers must take into account the following things when reviewing the Scheme:

• the UN Committee on the Rights of the Child (the Committee) making a suggestion or general recommendation based on a report submitted by the United Kingdom;
• an amendment to the UNCRC or to an optional protocol to the UNCRC entering into force;
• the Committee making a General Comment;
• the Committee adopting views and findings under the third optional protocol;
• the Committee making recommendations following days of general discussion;
• the United Kingdom ratifying a protocol to the UNCRC; and
• a court making a strike down declarator or an incompatibility declarator.

If an amendment to the Scheme or a new Scheme is proposed, the Scottish Ministers must again consult with:

• children and young people;
• the Commissioner for Children and Young People in Scotland;
• the Scottish Human Rights Commission; and,
• such other persons as the Scottish Ministers consider appropriate.

As required under section 16(3)(b) of the Act, a statement about whether or not the Scottish Ministers intend to amend the Scheme or make a new Scheme will be included in the first report on its operation.