We all need rights. Rights help ensure we survive, develop and receive protection and that we have the opportunity to be involved and included on matters that affect us.
The Scottish Government promotes the rights of children and young people in a number of ways:
The UN Convention on the Rights of the Child (UNCRC)
The UK is bound, in international law, by the terms of the UN Convention on the Rights of the Child. The Convention has not been incorporated into Scots law so it does not have direct effect. However, the Scottish Government seeks to reflect the aims of the Convention in its policies and legislation wherever possible.
The Convention, developed in 1989, spells out the basic human rights of children everywhere. These include: the right to survival; to develop to the fullest extent; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.
States Parties to the Convention are required to report on compliance every 5 years. For reporting purposes, the UN considers the UK to be a single entity so there is a single UK report. The Scottish Government submitted a detailed contribution and was in continued dialogue with colleagues from across the UK to ensure the Scottish perspective was reflected in the UK report.
The Government has published a report on implementation of the UN Convention on the Rights of the Child in Scotland with the support of partner agencies, stakeholders and young people themselves.
We have also produced two other versions of the report. One for under 12s called 'Are we there yet?' and one for older children and young people 'The UNCRC explained'.
The Scottish report represents our contribution to the UK-wide report to the UN on UK implementation of the rights laid out in the Convention, which was published in July 2007:
back to topUN Convention on the Rights of the Child - A Guide for Children and Young People
The Scottish Government , with the Children's Commissioner, has produced a guide to the UNCRC for children and young people. This sets out the articles contained in the Convention in language appropriate for children and young people. We have sent out copies of the booklet and an accompanying poster to schools, local authorities, youth groups, police, health services etc. You can contact the team if you would like more copies sent out.
back to topChildren's Rights and Asylum
Scottish Ministers are proud that Scotland welcomes and supports refugees and asylum seekers during their time here. Asylum decisions and the handling of individual cases are reserved under the devolution settlement, and remain matters for the Home Office.
However, concerns have been raised with the Home Office about the enforced removal of asylum-seeking families with children. Improved procedures to safeguard the rights, dignity and interests of children in asylum-seeking families in Scotland were agreed in March 2006, and are being implemented as quickly as possible.
These measures should ensure that the rights, needs and interests of children in asylum-seeking families are given earlier and ongoing consideration.
back to top
Scotland's Commissioner for Children and Young People
Professor Kathleen Marshall took up her appointment as Scotland's first Commissioner for Children and Young People on 26 April 2004. Her remit is to:
- Promote and safeguard the rights of children and young people as set out in the UN Convention on the Rights of the Child
- Involve children and young people in her work
- Carry out investigations into how rights are taken into account by service providers
- Report annually to the Scottish Parliament
For more information on the work of the Children's Commissioner go to:
back to topChildren's Charter
Protecting Children and Young People: The Charter was launched on March 22, 2004.
The Charter sets out what children and young people need and expect to help protect them when they are in danger of being, or already have been, harmed by another person. It was developed by Save the Children, through talking to children and young people who have experienced the need to be protected and supported - in order to describe how any child facing difficulties could expect to be treated.
As part of the Child Protection Reform Programme, a Framework for Standards for child protection has been developed which aims to support the delivery of better, more joined-up, child focused services for vulnerable children and young people.
Employment of Children
The Children (Protection at Work) (Scotland) Regulations 2006 came into force on 18 April 2006.
The regulations limit the number of hours per week that any child below the minimum school leaving age (16) can work during term time to 12 hours.
Up until 18 April 2006, the governing legislation in Scotland, the Children and Young Persons (Scotland) Act 1937, allowed a young person under the age 15 to work a maximum of 17 hours a week during term time, and young people ages 15-16 could work up to 20 hours a week.
The regulations reinforce the Governments policy intention to safeguard the educational opportunities and the health and physical wellbeing of children in employment by limiting the hours they work, while allowing them to continue to enjoy the rewards and experience of work.
A copy of the regulations can be accessed via the Scottish Government's website at: copy of full regulations
Further information on this change was issued to Local Authority Chief Executives on 13 September 2006. It also contained information on model byelaws, and an employment of children factsheet. A copy can be found below.
Letter to LA Chief Executives