The UNCRC is the UN Convention on the Rights of the Child. It was written in 1989 to set an expectation all around the world of the rights a child should expect to have.
From Tuesday 16th July 2024, the 2024 UNCRC (Incorporation) (Scotland) Act came into effect. This means that from Tuesday, Scots law requires public authorities to uphold children’s rights. This will help to ensure that babies, children and young people’s rights are legally recognised and protected.
The Act applies to everyone up to the age of 18, regardless of their gender, race, parental status, sexual orientation, religion and beliefs or care experience. Your rights are all equally important and cannot ever be taken away by anyone.
They include things like the right to education, to keep some things private, to live with your family if it is safe, to get special assistance if you cannot live with your family, to see your parents if they live in a different country, to be as healthy as possible, and to have your say in decisions affecting you. You can find a full list of your rights at here.
The UNCRC Act means that from Tuesday, the law in Scotland that your rights are upheld will be stronger. The Act will only apply to areas of Scots law. For example, some rights relate to war and immigration. Only the UK Parliament can make laws on these areas, so this law can’t influence them It also cannot instruct UK public bodies that operate in Scotland, such as the DWP or British Transport Police.
However it is important to note that the UK Government has signed up to follow the UNCRC since 1991 and so should still be upholding your rights. You also have other rights under the UK Human Rights Act and other Scots Laws, such as the Children (Scotland) Act 2020, which says that you should be able to live with your brothers and sisters wherever possible, and the Children and Young People (Scotland) Act 2014, which says that you can stay in care until you are 21 and get support until you are 26, if you want to.
If you think one of your rights has been denied you can discuss it with the service, contact Who Cares? Scotland for an independent advocacy worker to help you, or use the service’s complaints process which needs to become child-friendly, after the 16th. If the process is not child-friendly you can report this to the Scottish Public Services Ombudsman.
You can also contact the Children’s Rights Commissioner or the Scottish Human Right’s Commissioner who can investigate or take your case to court on your behalf. If the breach of your right happened after Tuesday 16th July 2024 then you can also contact a lawyer to raise your issue with a court within one year if you wish to do that. You may be eligible for Scottish Legal Aid to cover the cost of this.
To ask for an independent advocacy worker, click the blue “Get advocacy” button at the top right hand side of this page.
Or call our Helpline for more information about your rights. The Helpline is open 12- 4pm every weekday – 0330 107 7540.
