Scotland became the first nation in the United Kingdom to incorporate the United Nations Convention on the Rights of the Child (UNCRC) into domestic law when provisions of the incorporation act went into effect on Tuesday.

The United Nations Convention on the Rights of the Child (Incorporation) Act 2024, incorporated the UNCRC into domestic law in Scotland. It was first passed by the Scottish Parliament unanimously on March 16, 2021. However, the UK Supreme Court subsequently ruled that some provisions were outside the Scottish Parliament’s legislative competence. Nevertheless, an amended bill was created at a reconsideration stage in February which passed.

The new law enforces a statutory duty on all public authorities in Scotland, including the Scottish government, to protect children’s rights. All children’s rights held within the UNCRC must be considered before making policy decisions; otherwise, the decision may be at risk of contravening UNCRC requirements. It also allows children and young people to use the courts to enforce their rights, such as the right to fair treatment, education, health, and protection from exploitation. The Scottish Government has released statutory guidance and non-statutory guidance designed to assist those responsible for duties under the act.

The new law follows a pattern of recent developments that have been improving children’s welfare and rights across Scotland. For example, the Children and Young People (Scotland) Act 2014 and, most recently, the Children (Scotland) Act 2020 provide a significant legal framework for child welfare and protection.

Ellie Craig, Chair of the Scottish Youth Parliament, commented:

I hope that the UNCRC (Incorporation) (Scotland) Act coming into force today sends a message to children and young people that they live in a country which aims to respect their human rights. Today is not an endpoint though, this is just the beginning of the next step of Scotland’s human rights journey. Scotland now moves from incorporation to implementation and this is a chance for decision makers to address the human rights issues impacting children and young people and create a culture where their rights and meaningful participation are put at the forefront of decision making.

The Scottish government has also initiated the creation of a Children’s Rights Knowledge Hub as well as further guidance to help public authorities incorporate children’s rights into public services effectively.