Children's rights
The work of Children in Scotland
is underpinned by the United Nations Convention on the Rights of the
Child (UNCRC). We believe in safeguarding children’s rights and
ensuring that policies and services that affect children adhere to the
principles of the Convention. Children in Scotland want to make the rights
contained in the UNCRC a reality in Scotland.
For information for children and young people on their rights see Article 12, the Scottish Child Law Centre or Scotland's Commissioner for Children and Young People.
What is the UNCRC?
The UNCRC is a document which sets out international children’s
rights, distinct from human rights. It was drawn up United Nations member
states. The UNCRC was passed by the United Nations General Assembly in
November 1989. The convention is a set of good standards, which countries
have agreed to abide by (ratify). It is not enforceable in the courts.
The purpose of the UNCRC is to ensure that the universal rights of children
are upheld throughout the world.
The UK ratified the UNCRC in 1991 along with 190 other countries.
The UNCRC is made up of 54 Articles.
When a State Party ratifies the Convention they can enter reservations.
Reservations indicate where a particular provision or Article is not
acceptable to the State Party. The UK Government made 6 reservations.
These include reservations to article 37 on juvenile justice, continuing
young offenders to be detained in adult prisons, and article 22 on asylum
and immigration.
What does the UNCRC say?
‘Child’ is defined as every human being below the age of 18.
The key principles of the UNCRC are:
- That all the rights guaranteed by
the Convention must be available to all children without discrimination
of any kind (Article 2)
- That the best interests of the child must be a primary consideration
in all actions concerning children (Article 3)
- Children’s
views must be considered and taken into account in all matters
affecting them (Article 12)
All other articles can be defined within 3 categories:
Participation
These articles are based on the concept of the child as an active and
contributing participant in society and not merely as a passive
recipient of good or bad treatment.
Provision
These articles cover the basic rights of children to survive and
develop. These range through health care, food and clean water
to education
and an environment which allows children to develop. The Convention
is clear
that the best place for a child is with its parents, and that
the State has a duty to support and assist parents in this responsibility
where
necessary.
Protection
These articles deal with exploitation of children at work; physical,
sexual and psychological abuse; discrimination and other mistreatments
which many still suffer, including UK children. In other parts
of the work children are suffering the effects of war. The Convention
makes
it a duty for State Parties to protect children, where necessary,
to provide rehabilitation for them.
Monitoring the Convention
The Committee
on the Rights of the Child is a group of 10 experts on children’s
rights from around the world. This Committee monitors countries compliance
with the Articles set out in the UNCRC.
Countries must submit a report two years after ratification to state what
is being done to uphold the Convention, and then every five years after
that. The Committee will then make recommendations and suggestions to
the governments concerned.
The most recent UK Government report was submitted in 2008.
The UK Government also submitted a report in 1999.
The last report by the Commission on the UK Government’s progress was issued in 2002.
In addition to the reports made by governments, non-governmental
organisations (NGOs) also compile reports to show how they believe
the Convention
has been implemented in their country.
A group of children’s organisations in Scotland submitted a report
in 2002, The
NGO Alternative Report (Scotland) to the UN Committee on the Rights of
the Child.
Commissioner for Children and Young People
In April 2004 Scotland appointed its first
independent
Children’s
Commissioner, Kathleen Marshall.
The
Commissioner for Children and Young People (Scotland) Act was passed
in March 2003 after 10 years of campaigning by Children in Scotland and
other children’s organisations.
One of the main job’s of the Commissioner is to promote
and safeguard the rights of children and young people, having
regard for the UNCRC.
The Commissioner must also involve children and young people
in her work.
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