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SHORT SUMMARY
Priority issues for action
Child Poverty There was strong support for SG to prioritise tackling child poverty as one of the most significant barriers to realisation of children's rights in Scotland. Respondents endorsed SG policies in relation to child poverty and urged SG and UK governments to harmonise their efforts across the UK Government, SG and Scottish local authorities to ensure coordinated action to eradicate child poverty. The correlation between poverty and other adverse experiences affecting children is well documented such as poorer health and educational outcomes. It was felt that Scottish Government should target fuel poverty as a priority. The economic recession emphasises the need for urgent action whilst at same time tackling long term inequality. SG was asked to publish an implementation plan for tackling child poverty in Scotland, setting out resources that are committed to achieving this and proposing how severe poverty will be addressed.
Early support and prevention of difficulties at family and community level was regarded as crucial and the Early Years Framework was welcomed. Within early interventions, respondents specifically stated as priorities: access to parenting programmes, dealing with mental health issues, substance abuse, and an increase in universal health visitor provision. Other services considered a priority were access to trauma recovery services for children who have experienced abuse, age appropriate sexual health and relationships education for all children in Scotland from primary age, continued expansion of the CAMHS workforce, and development of culturally competent sexual health services.
Retention of the independent Office of Children and Young People's Commissioner. Strong support was expressed for the continuation of a stand alone Commissioner's office compliant with the Paris Principles and this was seen as an urgent priority in the light of the SPCB's current consideration of the future of the office.
Ending of corporal punishment. This issue attracted the largest number of comments in the entire consultation. Respondents were opposed to Government's position with one exception and the majority called for the law to be amended to ensure that children are afforded equal protection to adults from all forms of violence and viewed this action as a priority for the national action plan.
A large number of respondents welcomed the focus on parenting support and parenting skills to avoid the use of physical punishment, though some felt this needed to go further in terms of providing funding and a stronger policy commitment. Within the Freedom to be a Child theme, the use of the Mosquito also caused considerable concern and SG was urged to prohibit its use pending the outcome of the review.
Age of criminal responsibility- Respondents agreed that the age of criminal responsibility should be examined and there were numerous calls for the age to be raised to a minimum of 12, with one respondent proposing 18 yrs. SG is now planning to take forward legislation to raise the age to 12 yrs however it was pointed out that an anomalous situation continues to exist in relation to the Sexual Offences (Scotland) Bill.
Within the Youth Justice theme generally, respondents supported Youth Hearings for 16 - 17 yr olds with a wider range of options than presently available to the children's hearing system and urged the government to consider alternatives to detention for 16 - 17 yr olds including restorative justice approaches. The Prisons Commission recommendations were supported in respect of detaining 16 and 17 yr olds in secure youth facilities, separate from older offenders. One respondent viewed research to hear children's voices about their experiences in court as a priority.
Dissemination of UNCRC to children and young people, professionals and parents.
Respondents expressed the view that teaching about the UNCRC and children's rights is neither widespread nor comprehensive in Scottish schools and this should be a high priority for Scottish Government leadership. In view of the non statutory curriculum and flexible interpretation of the incoming Curriculum for Excellence, there is a need for teaching about children's rights to be integrated in a structured way. Respondents took the view that Scottish Government needs to give more emphasis and direction to professional training than the current response indicates with many proposing mandatory training and opportunities for CPD for all those who work with children. Parents should be included and regarded as 'co-educators'.
Incorporation of UNCRC into Scots Law The majority of respondents believed that incorporation would strengthen the rights of children and young people in Scotland and SG was asked to review existing legislation against the UNCRC looking at options to progress incorporation, including consideration of the UK Bill of Rights.
The rights of Children and young people with disabilities (including learning disabilities and complex health care needs) should be given priority in the Action Plan. The development of a national strategy for children and young people with disabilities should include: research into discrimination against children and young people with disabilities, extension of benefit and respite provision, financial and material support for families where the child is receiving health care at a distance from their home to enable parents to be present, support for children and young people with disabilities to access appropriate high quality play provision and after-school care and have flexible high quality short breaks, transition support and tackling inequalities in education and the high number of exclusions. Respondents commented that the additional 1000 respite care weeks per annum was a welcome move but questioned how much would actually be delivered in the light of the funding not being ring fenced, and whether the policy of targeting those in greatest need was the most effective way of delivering support.
Definition of a child - Respondents were unanimous that the differing age definitions of a child created considerable confusion for young people and professionals. The majority of respondents felt there was a need for the issue to be examined and rationalised.
A positive image of children and young people - Respondents agreed on the high priority of national, multi agency campaigning action to counter the negative stereotyping of children and young people.
Within the Participation and Equality theme as a whole, actions by SG to continue to support and consolidate a range of participation projects, and develop a national advocacy strategy generated the highest number of responses and were commended. SG was urged to have special regard to the needs of children with disabilities, particularly those with communication difficulties, looked after children, the experience of children involved in family actions, young carers and children from minority groups. SG should ensure that the participation principles set out in the Youth Framework are applied by local authorities and that there is adequate funding for delivering participation through youth work services. Participation in the Community Planning process was particularly highlighted.
SG was urged to retain a focus on issues which affect particularly vulnerable groups such as looked after children, LGBT young people, children and young people with disabilities and gypsy/traveller children so that they can achieve the same rights as other Scottish children.
Family Life and Children in Care
Two issues attracted most comment within the theme of family life and children in care. Firstly, respondents wanted to see a firm commitment made by SG to establish a mechanism to record and monitor the extent of all forms of violence and maltreatment of children and to record all crimes committed against children. Secondly in relation to child protection, respondents were supportive of GIRFEC though some concern was expressed about delays and lack of preparedness. The need for communities and neighbours to be encouraged to take responsibility for protecting children was highlighted.
Other key issues included providing fully funded advocacy services for every child in care as a priority group. Transitional support and/or continuing care for post 16's was seen as inadequate. SG was urged to continue to support
Corporate Parenting to help looked after children achieve their potential. In the adult criminal justice system sentencing should take account of the impact of parental imprisonment on children and it was proposed that use of Child Rights Impact Assessments be pursued. SG engagement in the development of CRIA's in general attracted considerable support from respondents.
Health and Wellbeing
The greatest number of responses within the Health and Wellbeing theme concerned the poor provision of mental health services for children and young people and SG was urged to prioritise expansion in all parts of Scotland. A wide range of causes of mental health difficulties were identified and it was felt to be a growing issue. A further priority expressed was the impact of parental mental health problems on children which it was suggested should be examined.
SG was called upon to give priority to ensuring quality provision of sexual health education in all schools particularly in the light of the non statutory curriculum. Sexual health services should be well publicised and accessible in school and in the community. Respondents highlighted cultural differences, learning disabilities and living in a rural area as barriers to accessing a service which should be addressed. One respondent called for the development of advocacy services across child health care sector to be a priority.
Right of the child to engage in Play - Within the theme of Education and Play the two most prominent issues raised were bullying and play. Respondents acknowledged SG's support for anti bullying but considered that there was a significant long term agenda to pursue on this issue. The second major theme was that play for children over 8 has so far been neglected and is a fundamentally important area. SG was asked to formulate a national strategy to enable this right to be realised. In relation to the school building programme SG should ensure that this creates attractive and accessible facilities for children and young people out of school hours, noting that play provision simultaneously contributes to the realisation of many other rights: the health agenda, intergenerational relations, combating perceived anti social behaviour, listening to children, and generally advancing a culture of children's rights.
General Measures of Implementation - It was suggested that prioritising actions relating to the 'General Measures of Implementation' would lay a foundation for all other work in promoting and safeguarding children's rights. Most of the General Measures are referred to in other sections, except for a specific call for the disaggregation of sectoral and total budgets across the State Party to show the proportion spent on children, and a commitment by SG to ensure the involvement of civil society including children in the implementation of the UNCRC and follow up to Concluding Observations.
Children Seeking Asylum
The thrust of responses on the theme of Children Seeking Asylum was to welcome SG opposition to detention of children and support for the alternative to detention pilot project. The level of support and services to unaccompanied children was a significant concern.
Child Trafficking and Exploitation
Within the theme of child trafficking and child exploitation, the majority of responses made a strong plea for SG to carry out a study on the scope and causes of child exploitation and child prostitution.
The SG Action Plan for Scotland was welcomed and prioritisation with clear targets was seen as essential. SG should carefully plan phased implementation over time. Priorities should be based on degree of urgency, opportunity and what will be most effective in having impact across a number of issues such as play provision.
Are Scottish Government actions proposed proportionate and realistic?
The detail of respondents' views on SG actions can be found in the main summary which follows, however it is fair to say that the majority of SG actions were supported and many were welcomed. However some were seen as insufficient to meet the need, for example the major transformational change sought by the Early Year Framework was thought unlikely to succeed without greater investment of energy, leadership and resources.
In terms of the effective implementation of government policy directives in general and the action plan on the UNCRC in particular, by far the biggest concern expressed by respondents was the effect of the Concordat. Respondents were doubtful that SG could drive, monitor and evaluate the impact of the wide range of policies and initiatives where ring fenced funding has been removed and local authorities and Community Planning Partnerships hold the lead responsibility for the intended actions.
Some SG actions were seen as 'too vague' for example respondents highlighted the poor level of awareness of the UNCRC amongst newly qualified and practicing teachers and other professionals which argues for a much stronger commitment by SG to facilitate the integration of children's rights in professional training and CPD.
Other areas of disagreement represented a difference of view in principle, for example in relation to physical punishment of children or the incorporation of the UNCRC in domestic law. One respondent called for a shift from duty-based to entitlement-based legislation based on the key principles of the UNCRC and with a clear process of recourse if/when children do not receive their entitlements.
Another area of debate relates to whether there is a need for more research on particular issues such as child sexual exploitation. Similarly should SG commit to developing new data gathering systems, for example on disabled children or violence, maltreatment and crimes against children? Respondents argued for the collation of the best possible evidence and understanding so that the impacts that SG actions actually have upon children's lives and life chances can be demonstrated.
With regard to reserved issues SG was called upon to do all it can to influence the UK government, for example in relation to the potential negative impact on children arising from the UK Welfare Reform Bill, or in raising concerns with the UKBA about the acceptability of timeframes for assessment around the New Asylum model.
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