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The Act provides important protection for the human rights of children and young people in Scotland and its implementation will further a culture of everyday accountability for children’s rights.

There are a number of elements to the Act which will apply to all public functions within the legislative competence of the Scottish Parliament, including certain functions which are ‘contracted out’ to other providers. Elements include:

• Public authorities will not be allowed to act in a way that is incompatible with the UNCRC requirements.
• Children, young people, and their representatives will have the power to go to court to enforce their rights.
• Courts will have powers to decide if legislation is compatible with the UNCRC requirements.
• Existing legislation will have to be read in a way that is compatible with the UNCRC requirements wherever possible.
• The Scottish Government will be able to change laws to make sure they are compatible with the UNCRC requirements.
• The Children and Young People's Commissioner Scotland and Scottish Human Rights Commission will have powers to take legal action to protect children's rights.
• The Scottish Government will have to publish a Children's Rights Scheme to show how it is meeting the UNCRC requirements and explain its plans to progress children's rights.
• The Scottish Government will have to review how the Children's Rights Scheme is working each year.
• Other authorities listed in the Bill will have to report every three years on what they are doing to meet the UNCRC requirements.

You can read the full legislation here https://www.legislation.gov.uk/asp/2024/1/contents/enacted

Want to learn more?

Children and Young People's Commissioner Scotland: UNCRC articles

United Nations Convention on the Rights of the Child implementation: introductory guidance

State of Children's Rights in Scotland 2022