UNCRC incorporation in Scotland: the how, the why and looking ahead

Bruce Adamson

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is a significant milestone in embedding children's rights within Scots law. Following decades of advocacy the Act adopts a "maximalist" approach fully incorporating the UNCRC and its first two Optional Protocols as far as possible within devolved competence.

The Act establishes comprehensive duties for public authorities and mechanisms for judicial remedies including provisions tailored to children's access to justice. Legislative safeguards ensure compatibility of all laws with the UNCRC with courts empowered to strike down non-compliant legislation. Beyond legal enforcement the Act promotes proactive implementation through a child rights scheme impact assessments and participatory measures.

The Act’s broad reforms—coupled with parallel advancements such as protections from physical punishment raising the age of criminal responsibility and removing children from the prison system—demonstrate Scotland's commitment to a child rights based approach. But the Act’s true success will hinge on whether it improves services for children and delivers the empowerment and systemic protection they need.

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