About the Bill
The main purpose of the Bill is to “incorporate” the UNCRC, which would make it part of Scottish law. Children’s rights would then be legally protected.
To make sure that incorporation works, public authorities must not act in a way that’s incompatible with the UNCRC requirements. Courts will have powers to decide if legislation is compatible with the UNCRC requirements and the Scottish Government can change laws to make sure they are compatible with the UNCRC requirements.
The Children and Young People’s Commissioner in Scotland would have power to take legal action if children’s rights under the UNCRC are breached. Children, young people and their representatives could also use the courts in Scotland to enforce their rights.
The Scottish Government must publish a Children’s Rights Scheme to show how they are meeting UNCRC requirements and explain their future plans for children’s rights.
Current status of the Bill
This Scottish Government Bill was introduced by the Deputy First Minister and Cabinet Secretary for Education and Skills, John Swinney MSP, on 1 September 2020.
The Equalities and Human Rights Committee is expected to be designated lead Committee for Stage 1 scrutiny of the Bill.
The Committee opened its call for views on Monday 7 September 2020 with a closing date for responses of Friday 16 October 2020.
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