Children and young people’s ‘right to be heard’ comes into force
/This article was featured in the SCDC Weekly - 17th July 2024.
The UN Convention on the Rights of Child has been officially incorporated into Scottish law.
The law means that all public authorities now have duties to protect children and young people’s rights. It means that as rights-holders, children and young people can hold duty-bearers such a local authorities, health boards, and the Scottish Government to account.
One of the key principles of the UNCRC is Article 12, the right to be heard in matters affecting them and to participate in the life of their family, community and society.
This embedding of a right to participate in issues affecting children's human rights is of particular interest across the community development field. It provides a legal framework for children and young people to have a say in policy, practice and related issues such as budget-making decisions – and make legal challenges where that doesn’t happen.
This comes at a time when, the Scottish Government has been consulting on a Human Rights Bill to be enacted before the end of this parliament in 2026. This will incorporate international treaties on economic, social and cultural rights, disabled people’s rights, rights of black and ethnic minority people, and women’s rights.
The Bill builds on Article 12 by proposing an extension of the right to participate in decisions with impact on human rights to everyone in Scotland. It also proposes to significantly extend the potential for access to justice and legal remedies where people are unable to realise their right to participate.
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