Our members in Scotland may be aware that this summer, the United Nations Convention on the Rights of the Child (UNCRC) was written into law. For those who might not be familiar, the UNCRC is a human rights treaty adopted by the UN in 1990. It outlines children’s civil, political, economic, social, and cultural rights, ensuring children are protected and given opportunities to live happy, healthy and safe lives. Many young people face significant challenges and yet easily fall through the cracks. The UNCRC is a significant route of trying to level what can be a very unfair start in life for some children and young people.
The incorporation of the UNCRC into Scottish law is a positive step towards ensuring that every child has the opportunity to thrive. While it might seem daunting initially, it offers a robust framework to protect and promote children's rights, aligning with the Christian values of care and respect for all individuals.
The amendments in the law mean changes in the way that charities, churches and organisations work with, or support, children. So, what are these changes? What do they mean? And what next steps should you take?
To help us unpack it all, we spoke to Sandra Blair at Youth for Christ, in Scotland, who has worked hard with her team to understand the legislation and how to integrate it into practice.
Understanding the UNCRC
The UNCRC comprises 54 rules (‘articles’), 42 of which detail the rights of children under the age of 18. These rights include the right to life and health, to education, to play, to be protected from violence, to have their views respected, and many more. The convention was agreed to (‘ratified’) by the UK in 1991, signalling recognition of these rights. However, the new step for Scotland is incorporating these rights into domestic law, making them enforceable.
Sandra says, “I think what the Scottish Government are trying to do is ensure that Scotland's young people have the best opportunity to grow up and thrive. These articles becoming law means that we’re giving our young people opportunities where sometimes there's been disparity. We’re offering every child an equal opportunity to thrive. We’re saying to children there are basic needs and rights that you should experience by living here in Scotland.”
Sandra continues, “The move from recognition to enforcement is significant. Now, organisations legally have to ensure their practices and policies align with the UNCRC. We might feel ‘oh no, more red tape’! But the benefits of the UNCRC make our efforts worth it. And there is help and support out there, we’re all working together to figure this out.”
Key Considerations of the UNCRC
All 54 articles have been simply explained by the Young People and Children’s Commissioner of Scotland. It’s worth highlighting two key Articles here that underpin the whole legislation.
Article 42 – All adults, children and young people should know about the convention
Article 42 says that we have to make sure that children know what their rights are under the UNCRC. Children’s rights fail if children don’t know what they are or how to advocate for them. It also says adults need to be aware of those rights in order to support them.
‘Rights’ are fundamental principles or entitlements that belong to individuals simply because they are human. In the case of the UNCRC children's rights are legally protected and can be enforced in Scottish courts.
Organisations must ensure they are equipping children to know what their rights are in the context of their schools, clubs, groups or activities.
Sandra says, “Children in Scotland are aware of this legislation, they are being taught about their rights in school and are encouraged to speak up. But where there are rights, there must also be responsibility. Organisations need to understand that while the UNCRC provides a framework of rights, it also encourages young people to understand and exercise their rights responsibly. This dual approach ensures that children are not only protected but also become active participants in their communities and contexts.”
Article 12 - Children have the right to be listened to and taken seriously
Article 12 specifically outlines that children have a right to be ‘active participants’ in any activity, practice or policy that is about them. Being an active participant means having an on-going process of being informed and having a voice in the following ways:
Right to Express Views
Children who are capable of forming their own views have the right to express those views freely in all matters affecting them. This means that children's opinions should be sought and considered seriously in decisions that impact their lives.
Due Weight Given
The views of the child should be given due weight in accordance with the child's age and maturity. This recognises that as children grow and develop, their ability to contribute to decision-making increases and their opinions should be given appropriate consideration.
Sandra adds, “active participation means engaging children in discussions about their rights. This could be through regular, dedicated sessions in Sunday school or youth groups, where a church or charity listens and takes feedback from its children, takes positive action, and clearly explains how it intends to support these rights - for example, formatting policies or impact assessments in a child-friendly format.”
Practical Next Steps
To effectively implement the UNCRC within your organisation, Sandra suggests the following steps:
“Educate yourself and your team: It’s really important to familiarise yourself with the UNCRC and its articles. Resources from organisations like Together Scotland and YouthLink Scotland explain what the articles mean and offer practical advice for implementing them.
Review and adapt policies: All policies related to safeguarding and inclusion must be updated to reflect the UNCRC. You might need to conduct rights impact assessments to evaluate how your policies affect children’s rights and to identify and address any gaps.
Engage with children: Create spaces or sessions where children can learn about their rights and voice their opinions. Remember, children are to be active participants, this engagement should be ongoing and integrated into your regular activities.
Collaborate with Other Organisations: Don’t feel you have to do this alone. Everyone is trying to figure this out, and larger organisations are willing to support smaller ones. Work alongside other charities, churches, and youth organisations to share best practices and resources.
Prayer and Action: It starts with prayer, but it also starts with action. This is for your whole community to embrace, not just policymakers or children’s workers. Ensure your community is not only aware of these changes but also actively involved in advocating and supporting children’s rights.”
Embracing the Change
By proactively engaging with these changes, churches and charities can not only comply with the new legal requirements but also strengthen their support for the young people they serve, helping them grow in a nurturing and respectful culture. Let’s embrace this change as an opportunity to enhance our vision of creating a world where every child and adult can feel, and be, safe.
For more information visit Young People and Children’s Commissioner of Scotland
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