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SECTION 7: BEING SAFE AND PROTECTED
THERE ARE IMPORTANT PROMISES IN THE UNCRC ABOUT BEING SAFE AND PROTECTED. THE UNCRC SAYS:
- You should be protected from getting involved in making, taking or selling harmful drugs.
- You should be protected from sexual abuse.
- If you have been harmed or abused you should get the help you need to recover.
- Children must not be kidnapped or sold.
- No-one should treat you cruelly. If you break a law you should be able to keep in contact with your family. You must not be put in a prison with adults. If you are accused of breaking the law you must get the help you need to understand what is happening.
- You should not do work that is bad for your health or education.
- If you are a refugee or asylum seeker you should be cared for properly.
This section of the report is especially interested in young people who are vulnerable or in special circumstances which mean their rights need to be protected.
The Government in Scotland does not have the power to make decisions about immigration and asylum; but ASYLUM SEEKING AND REFUGEE CHILDREN AND YOUNG PEOPLE do come to Scotland, particularly to Glasgow. The Government has the same responsibilities to these children and young people as they do for all others in Scotland. The Government asked the Scottish Refugee Integration Forum to think especially about their needs.
If a child arrives in Scotland alone, without their family, they become looked after and are cared for in the same way as other children in care.
There has been lots of concern in Scotland about how the UK Government REMOVES FAMILIES WITH CHILDREN who have failed in their applications for asylum. Some removals were happening in the early morning (called 'dawn raids') and are very stressful for families. The Scottish Government talked to the UK Government to try to change this way of working. Glasgow City Council now helps by providing important information about the best interests of children and families. But final decisions are still made by the UK Government not by the Government in Scotland.
The Scottish Government was concerned about the numbers of YOUNG PEOPLE WHO ARE COMMITTING CRIMES. Some young people commit a lot of the crimes recorded, they are called PERSISTENT OFFENDERS. The Government made a plan to reduce the number of young people who are in this group. Organisations who work with young people on their offending now get more money. The Government encouraged services to think about EARLY INTERVENTION in the life of families where children might be at risk of getting involved in offending.
In Scotland you are considered to be old enough to be RESPONSIBLE FOR A CRIMINAL ACT at the age of 8. This is low compared to other countries. Previously the UN Committee has asked for this to be raised. However, the Government said that because Scotland has the Children's Hearing System (there's more about it back in section 2) children and young people are treated fairly and their needs as well as their crimes are considered. In special circumstances (if a very serious crime had been committed) someone under 16 can go to a normal court.
The Government introduced Anti-Social Behaviour Orders (ASBOs) for children aged 12 or over. The Government said that ASBOs should be used ALONGSIDE THE HEARING SYSTEM. Only a small number of ASBOs have been used for under 16s in Scotland. ELECTRONIC MONITORING (known as tagging) can also be used for under 16s but it cannot be used alone; young people must have a package of care and support to make sure they are doing something about their behaviour.
Between the age of 16 AND 18 a decision is made about the best place to take someone who has been charged with an offence; if someone has been looked after they might stay in the Hearing System. As part of its work on YOUTH OFFENDING the Government encouraged social workers and other helping professionals to do their best to keep 16 and 17 year olds out of the criminal courts.
When someone under 21 is guilty of an offence the court must ask for information on the young person's background and consider alternatives to sending the young person to a Young Offenders Institution (YOI). One example of an alternative COMMUNITY BASED RESPONSE is that young people who are 16+ can be given a COMMUNITY REPARATION ORDER which means doing unpaid work in the community.
Many of the VICTIMS OF CRIME committed by young people are OTHER YOUNG PEOPLE. But there are no accurate figures for this. The Government recognised the need to know more. Young people can get support and information if they have been the victim of a crime from the Victim Information Service based at the Children's Hearings or from Victim Support. You can use these services yourself if you are over 14, or through your family if you are under 14. More at www.victimsupportsco.org.uk
Government research showed that about 40% of school pupils have a part-time job. YOUR RIGHTS AT WORK are now protected by the Children (Protection at Work) (Scotland) Regulations 2006. During term time under 16s can only work up to 12 hours per week.
The Government has introduced new laws to help PROTECT YOUNG PEOPLE FROM SEXUAL EXPLOITATION. It is a crime for adults to groom a child with the intention of having sex or getting an under 18 involved in pornography or prostitution. There is also a UK wide plan to stop adult and child trafficking.
The Government has been very concerned about YOUNG PEOPLE WHO RUNAWAY and who might sleep rough. In Glasgow there is a refuge for young runaways where people can get help and support. Other work to help runaways is planned.
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