United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
Part 1The UNCRC requirements
Meaning of “the UNCRC requirements” and related expressions
1Meaning of “the UNCRC requirements” and related expressions
2Meaning of references to States Parties and related expressions in the UNCRC requirements
3Power to modify the schedule
Interpretation of the UNCRC requirements
4Interpretation of the UNCRC requirements
5Duty to modify section 4 on ratification of the third optional protocol to the Convention
Part 2Duties on public authorities
Acts of public authorities to be compatible with the UNCRC requirements
6Acts of public authorities to be compatible with the UNCRC requirements
Remedies for unlawful acts
7Proceedings for unlawful acts
8Judicial remedies
9Child’s view on effectiveness of reliefs etc.
10Restriction on proceedings in respect of judicial acts
Power for Commissioner to bring or intervene in proceedings
11Power for Commissioner to bring or intervene in proceedings
Power for Scottish Commission for Human Rights to bring or intervene in proceedings
12Power for Scottish Commission for Human Rights to bring or intervene in proceedings
Guidance on this Part
13Guidance on this Part
Part 3Children’s rights scheme, child rights and wellbeing impact assessments and reporting duties
Children’s Rights Scheme
14Children’s Rights Scheme
15Procedure for making, amending and remaking the Scheme
16Reviewing and reporting on the Scheme
Child rights and wellbeing impact assessments
17Child rights and wellbeing impact assessments
Reporting duty of listed authorities
18Reporting duty of listed authorities
19Listed authorities
20Guidance on section 18
Reporting duty of the Scottish Parliament
21Reporting duty of the Scottish Parliament
Consequential amendments
22Consequential amendments of Children and Young People (Scotland) Act 2014
Part 4Legislation and the UNCRC requirements
23Statements of compatibility in relation to legislation
24Interpretation of legislation
25Strike down declarators
26Incompatibility declarators
27Power to intervene in proceedings where strike down declarator or incompatibility declarator is being considered
28Ministerial action following strike down declarator or incompatibility declarator
29Primary legislation words to which this Part applies
30Subordinate legislation words to which this Part applies
Part 5Compatibility questions and UNCRC compatibility issues
31Meaning of “compatibility question”
32UNCRC compatibility issues in criminal proceedings
33Power to institute proceedings to determine compatibility question
34Power to intervene in proceedings where compatibility question arises
35Reference of compatibility question to higher court
36Direct references to Supreme Court: compatibility question arising in proceedings
37Direct references to Supreme Court: compatibility question not arising in proceedings
38Additional expenses
Part 6Remedial regulations
39Remedial regulations
40Remedial regulations: procedure
41Urgent remedial regulations
Part 7Final provisions
42Interpretation
43No modification of the Human Rights Act 1998
44Rules of court
45Regulations
46Ancillary provision
47Commencement
48Short title
ScheduleThe UNCRC requirements
Part 1Rights and obligations from the Convention
Article 1
Article 2
1States Parties shall respect and ensure the rights set forth...
2States Parties shall take all appropriate measures to ensure that...
Article 3
1In all actions concerning children, whether undertaken by public or...
2States Parties undertake to ensure the child such protection and...
3States Parties shall ensure that the institutions, services and facilities...
Article 4
Article 5
Article 6
1States Parties recognize that every child has the inherent right...
2States Parties shall ensure to the maximum extent possible the...
Article 7
1The child shall be registered immediately after birth and shall...
2States Parties shall ensure the implementation of these rights in...
Article 8
1States Parties undertake to respect the right of the child...
2Where a child is illegally deprived of some or all...
Article 9
1States Parties shall ensure that a child shall not be...
2In any proceedings pursuant to paragraph 1 of the present...
3States Parties shall respect the right of the child who...
4Where such separation results from any action initiated by a...
Article 10
2A child whose parents reside in different States shall have...
Article 11
1States Parties shall take measures to combat the illicit transfer...
Article 12
1States Parties shall assure to the child who is capable...
2For this purpose, the child shall in particular be provided...
Article 13
1The child shall have the right to freedom of expression;...
2The exercise of this right may be subject to certain...
Article 14
1States Parties shall respect the right of the child to...
2States Parties shall respect the rights and duties of the...
3Freedom to manifest one’s religion or beliefs may be subject...
Article 15
1States Parties recognize the rights of the child to freedom...
2No restrictions may be placed on the exercise of these...
Article 16
1No child shall be subjected to arbitrary or unlawful interference...
2The child has the right to the protection of the...
Article 17
Article 18
1States Parties shall use their best efforts to ensure recognition...
2For the purpose of guaranteeing and promoting the rights set...
3States Parties shall take all appropriate measures to ensure that...
Article 19
1States Parties shall take all appropriate legislative, administrative, social and...
2Such protective measures should, as appropriate, include effective procedures for...
Article 20
1A child temporarily or permanently deprived of his or her...
2States Parties shall in accordance with their national laws ensure...
3Such care could include, inter alia, foster placement, kafalah of...
Article 21
Article 22
1States Parties shall take appropriate measures to ensure that a...
2For this purpose, States Parties shall provide, as they consider...
Article 23
1States Parties recognize that a mentally or physically disabled child...
2States Parties recognize the right of the disabled child to...
3Recognizing the special needs of a disabled child, assistance extended...
4States Parties shall promote, in the spirit of international co-operation,...
Article 24
1States Parties recognize the right of the child to the...
2States Parties shall pursue full implementation of this right and,...
3States Parties shall take all effective and appropriate measures with...
4States Parties undertake to promote and encourage international co-operation with...
Article 25
Article 26
1States Parties shall recognize for every child the right to...
2The benefits should, where appropriate, be granted, taking into account...
Article 27
1States Parties recognize the right of every child to a...
2The parent(s) or others responsible for the child have the...
3States Parties, in accordance with national conditions and within their...
4States Parties shall take all appropriate measures to secure the...
Article 28
1States Parties recognize the right of the child to education,...
2States Parties shall take all appropriate measures to ensure that...
3States Parties shall promote and encourage international co-operation in matters...
Article 29
1States Parties agree that the education of the child shall...
2No part of the present article or article 28 shall...
Article 30
Article 31
1States Parties recognize the right of the child to rest...
2States Parties shall respect and promote the right of the...
Article 32
1States Parties recognize the right of the child to be...
2States Parties shall take legislative, administrative, social and educational measures...
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
1States Parties undertake to respect and to ensure respect for...
2States Parties shall take all feasible measures to ensure that...
4In accordance with their obligations under international humanitarian law to...
Article 39
Article 40
1States Parties recognize the right of every child alleged as,...
2To this end, and having regard to the relevant provisions...
3States Parties shall seek to promote the establishment of laws,...
4A variety of dispositions, such as care, guidance and supervision...
Article 41
Article 42
Part 2Rights and obligations from the first optional protocol
Article 4
1Armed groups that are distinct from the armed forces of...
2States Parties shall take all feasible measures to prevent such...
3The application of the present article under this Protocol shall...
Article 5
Article 6
1Each State Party shall take all necessary legal, administrative and...
2States Parties undertake to make the principles and provisions of...
3States Parties shall take all feasible measures to ensure that...
Article 7
1States Parties shall cooperate in the implementation of the present...
2States Parties in a position to do so shall provide...
Part 3Rights and obligations from the second optional protocol
Article 1
Article 2
Article 3
1Each State Party shall ensure that, as a minimum, the...
2Subject to the provisions of a State Party’s national law,...
3Each State Party shall make such offences punishable by appropriate...
4Subject to the provisions of its national law, each State...
5States Parties shall take all appropriate legal and administrative measures...
Article 4
1Each State Party shall take such measures as may be...
2Each State Party may take such measures as may be...
3Each State Party shall also take such measures as may...
4This Protocol does not exclude any criminal jurisdiction exercised in...
Article 6
1States Parties shall afford one another the greatest measure of...
2States Parties shall carry out their obligations under paragraph 1...
Article 7
Article 8
1States Parties shall adopt appropriate measures to protect the rights...
2States Parties shall ensure that uncertainty as to the actual...
3States Parties shall ensure that, in the treatment by the...
4States Parties shall take measures to ensure appropriate training, in...
5States Parties shall, in appropriate cases, adopt measures in order...
6Nothing in the present article shall be construed as prejudicial...
Article 9
1States Parties shall adopt or strengthen, implement and disseminate laws,...
2States Parties shall promote awareness in the public at large,...
3States Parties shall take all feasible measures with the aim...
4States Parties shall ensure that all child victims of the...
5States Parties shall take appropriate measures aimed at effectively prohibiting...
Article 10
4States Parties in a position to do so shall provide...
Article 11

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

2024 asp 1

An Act of the Scottish Parliament to incorporate in Scots law rights and obligations set out in the United Nations Convention on the Rights of the Child; to make related provision to ensure compliance with duties relating to the Convention; and for connected purposes.