United Nations Convention On The Rights Of The Child – Enshrined Into Scots Law

Tuesday 16th July is an important day in Scotland for babies, children, and young people across Scotland. This is that date that the United Nations Convention on the Rights of the Child (UNCRC) (Incorporation) Act 2024 comes into force. Through this act becoming enshrined into Scot’s law, it will help to ensure that children enjoy their rights from the outset of proceedings they may become involved in.

Essentially, the enforcement of this convention into Scot’s Law will mean that Children’s rights will now be central to decision making on a national scale. Public authorities are now obligated to take an active approach to respecting children’s rights when decisions and actions are taken about their lives. It will now be unlawful for public authorities to act incompatibly with this convention. This convention will promote the participation of children and young people when it comes to making decisions and will help ensure that their rights are supported and valued.

Scotland is proud to be the first devolved nation within the UK to enforce this convention into the legal system. Children, young people, and their representatives can use the court to enforce their rights. Some examples of rights referred to in this Act are, the right to education, the right to freedom from violence, abuse and neglect, the right to a proper house, food and clothing and the right to relax and play.

Article 12 of the UNCRC gives children and young people the right to express their views, feelings and wishes in all matters affecting them, and to have these views considered and taken seriously. Our Litigation team are contactable on 01334 654081 to advise on how this Act can be used in Family actions regarding children and young people.

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