Children’s Hearings Scotland (CHS) welcomes the incorporation of the United National Convention on the Rights of the Child (UNCRC) into Scots law, today on 16 July 2024. Children and young people under the age of 18 now have their rights enshrined in law. This is something to be celebrated and will play a part in building a Scotland where children can grow up loved, safe and valued, with the opportunity to fulfil their full potential.

What is the UNCRC Act?

The UNCRC (Incorporation) (Scotland) Act 2024 provides a wide range of rights to all young people. These include access to healthcare, education, family life, play and recreation, and protection from abuse and harm.

Children and young people will be able to take legal action when public bodies, including CHS, breach those rights. The Scottish Government must now explain how all new laws follow the UNCRC. Courts may also remove old laws which do not do so.

The incorporation of the UNCRC into Scottish law is a big step in Scotland’s journey to keeping the promise to all infants, children and young people. Many organisations, including CHS, and children and young people have campaigned for this to happen over many years.

Incorporating UNCRC into what we do

The UNCRC does not introduce new obligations for Panel Members, and there is no need to change any of CHS’ policy. Volunteer Panel Members will continue to champion children’s rights every day throughout the Children’s Hearings System and children’s rights will remain at the heart of each hearing.

Scotland is the first nation of the UK to incorporate UNCRC into law, after MSPs voted in December 2023 to pass the UNCRC (Incorporation) (Scotland) Bill. The Bill was previously passed in March 2021, but was reconsidered by the Scottish Parliament after a Supreme Court ruling decided that the Bill went beyond Holyrood’s powers.