As someone who has spent almost their entire life dedicated to children, their learning and their development, the 7th of December 2023 was an extremely important day for me. Not only my birthday, but I was also genuinely blessed that, alongside my MSP colleagues, we were to debate the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (the UNCRC), and vote on it being incorporated into Scots Law. On the day, the Scottish Parliament voted unanimously in favour of the UNCRC, which made Scotland the first country in the UK to directly incorporate it into domestic law, and today, 16th July 2024, it is now legally inscribed in Scots law.
But what does this mean?
The general principles of the UNCRC are non-discriminative; the best interests of the child; the right not only to survival but to development; and the right to be heard. The UNCRC is the global ‘gold standard’ for children’s rights, which apply to every child and young person whatever their ethnicity, sex, religion, language, abilities or any other status, whatever they think or say, and whatever their family background.
As we look to the future, the old expression that children should be seen not heard must finally be considered in the dustbin, as educator and author Jess Lair put:
“Children are not things to be moulded but are people to be unfolded.”
The UNCRC Act requires public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.
For many of us, including myself, the process to enshrining this in law has taken longer than we would have liked or anticipated, however, I’m pleased this has now happened.
I’m proud to be a member of the first devolved UK national to incorporate the UNCRC into law, helping to make Scotland the best place in the world to grow up.
We owe children so much, but, most of all, we owe them a childhood, and that is what the Act helps to enshrine into Scots law.”.