Incorporation of UN treaty marks ‘historic day’, says Children’s Commissioner

The incorporation of a key UN treaty into Scots law has been hailed as a “historic day” by the country’s Children and Young People’s Commissioner.

Legislation passed by Holyrood to incorporate the United Nations Convention on the Rights of the Child (UNCRC) came into force on Tuesday.

The initial Bill was blocked by the UK Supreme Court in 2021 over fears it could have an impact on Westminster legislation, but was passed unanimously following a reconsideration stage – the first of its kind – at Holyrood last year.

The changes will enshrine the treaty – which includes the right to healthcare, education and to live a life free from abuse – into law, but will also provide for legal remedies should any breaches take place.

Nicola Killean, the Children and Young People’s Commissioner for Scotland, stressed the importance of the law taking effect.

“It is a historic day in Scotland for children,” she told BBC Radio Scotland.

“I just wanted to start by recognising the huge efforts that children and young people across Scotland have made themselves in campaigning to have their rights put into domestic law for so many years, and the adults who have supported them too.”

She added: “It’s an absolutely huge step forward for Scotland because incorporation really matters.

“It gives the legal power to challenge where rights are violated, it makes children’s rights enforceable and it will continue to change the way that children are valued in our society.”

Asked why it is important for the law to come into effect when children are already protected from abuse by the law, guaranteed a school place and provided with free healthcare through the NHS, Ms Killean said young people “don’t have economic or political power”.

She added: “Having their rights enshrined in our law, it builds a culture which helps to correct that.

“It places proactive obligations on Government and public authorities – they have to proactively consider children’s rights at the beginning of the creation of any new law now, of policies, of services and practice that are designed.

“So although we have all these systems, historically they have been designed without that in place, so this will ensure that children are put first whenever we’re looking at any law, any policy, any practice and considering what that means for children’s rights.”

Children’s minister Natalie Don said the legislation is a “milestone”.

She added: “We want all young people to grow up loved, safe and respected and the UNCRC Act aims to do just that.

“We all have a responsibility to ensure that children and young people are at the heart of decisions that affect them and that they have the confidence and skills to get involved.

“The Scottish Government is proud that we are the first devolved UK nation to incorporate the UNCRC into law, helping to make Scotland the best place in the world to grow up.”

Joanna Barrett, the NSPCC’s associate head of policy for the nations, described Tuesday as a “momentous day for babies, children and young people in Scotland”.

She added: “This is a significant milestone in making sure that all children’s rights are recognised, respected and upheld.”