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

1. Introductory Text

2. Part 1 The UNCRC requirements

   1. Meaning of “the UNCRC requirements” and related expressions

      1. 1. Meaning of “the UNCRC requirements” and related expressions

      2. 2. Meaning of references to States Parties and related expressions in the UNCRC requirements

      3. 3. Power to modify the schedule

   2. Interpretation of the UNCRC requirements

      1. 4. Interpretation of the UNCRC requirements

      2. 5. Duty to modify section 4 on ratification of the third optional protocol to the Convention

3. Part 2 Duties on public authorities

   1. Acts of public authorities to be compatible with the UNCRC requirements

      1. 6. Acts of public authorities to be compatible with the UNCRC requirements

   2. Remedies for unlawful acts

      1. 7. Proceedings for unlawful acts

      2. 8. Judicial remedies

      3. 9. Child’s view on effectiveness of reliefs etc.

      4. 10. Restriction on proceedings in respect of judicial acts

   3. Power for Commissioner to bring or intervene in proceedings

      1. 11. Power for Commissioner to bring or intervene in proceedings

   4. Power for Scottish Commission for Human Rights to bring or intervene in proceedings

      1. 12. Power for Scottish Commission for Human Rights to bring or intervene in proceedings

   5. Guidance on this Part

      1. 13. Guidance on this Part

4. Part 3 Children’s rights scheme, child rights and wellbeing impact assessments and reporting duties

   1. Children’s Rights Scheme

      1. 14. Children’s Rights Scheme

      2. 15. Procedure for making, amending and remaking the Scheme

      3. 16. Reviewing and reporting on the Scheme

   2. Child rights and wellbeing impact assessments

      1. 17. Child rights and wellbeing impact assessments

   3. Reporting duty of listed authorities

      1. 18. Reporting duty of listed authorities

      2. 19. Listed authorities

      3. 20. Guidance on section 18

   4. Reporting duty of the Scottish Parliament

      1. 21. Reporting duty of the Scottish Parliament

   5. Consequential amendments

      1. 22. Consequential amendments of Children and Young People (Scotland) Act 2014

5. Part 4 Legislation and the UNCRC requirements

   1. 23. Statements of compatibility in relation to legislation

   2. 24. Interpretation of legislation

   3. 25. Strike down declarators

   4. 26. Incompatibility declarators

   5. 27. Power to intervene in proceedings where strike down declarator or incompatibility declarator is being considered

   6. 28. Ministerial action following strike down declarator or incompatibility declarator

   7. 29. Primary legislation words to which this Part applies

   8. 30. Subordinate legislation words to which this Part applies

6. Part 5 Compatibility questions and UNCRC compatibility issues

   1. 31. Meaning of “compatibility question”

   2. 32. UNCRC compatibility issues in criminal proceedings

   3. 33. Power to institute proceedings to determine compatibility question

   4. 34. Power to intervene in proceedings where compatibility question arises

   5. 35. Reference of compatibility question to higher court

   6. 36. Direct references to Supreme Court: compatibility question arising in proceedings

   7. 37. Direct references to Supreme Court: compatibility question not arising in proceedings

   8. 38. Additional expenses

7. Part 6 Remedial regulations

   1. 39. Remedial regulations

   2. 40. Remedial regulations: procedure

   3. 41. Urgent remedial regulations

8. Part 7 Final provisions

   1. 42. Interpretation

   2. 43. No modification of the Human Rights Act 1998

   3. 44. Rules of court

   4. 45. Regulations

   5. 46. Ancillary provision

   6. 47. Commencement

   7. 48. Short title

9. 1. Schedule

      The UNCRC requirements

      1. Part 1 Rights and obligations from the Convention

         1. Article 1

         2. Article 2

            1. 1. States Parties shall respect and ensure the rights set forth...

            2. 2. States Parties shall take all appropriate measures to ensure that...

         3. Article 3

            1. 1. In all actions concerning children, whether undertaken by public or...

            2. 2. States Parties undertake to ensure the child such protection and...

            3. 3. States Parties shall ensure that the institutions, services and facilities...

         4. Article 4

         5. Article 5

         6. Article 6

            1. 1. States Parties recognize that every child has the inherent right...

            2. 2. States Parties shall ensure to the maximum extent possible the...

         7. Article 7

            1. 1. The child shall be registered immediately after birth and shall...

            2. 2. States Parties shall ensure the implementation of these rights in...

         8. Article 8

            1. 1. States Parties undertake to respect the right of the child...

            2. 2. Where a child is illegally deprived of some or all...

         9. Article 9

            1. 1. States Parties shall ensure that a child shall not be...

            2. 2. In any proceedings pursuant to paragraph 1 of the present...

            3. 3. States Parties shall respect the right of the child who...

            4. 4. Where such separation results from any action initiated by a...

         10. Article 10

             1. 2. A child whose parents reside in different States shall have...

         11. Article 11

             1. 1. States Parties shall take measures to combat the illicit transfer...

         12. Article 12

             1. 1. States Parties shall assure to the child who is capable...

             2. 2. For this purpose, the child shall in particular be provided...

         13. Article 13

             1. 1. The child shall have the right to freedom of expression;...

             2. 2. The exercise of this right may be subject to certain...

         14. Article 14

             1. 1. States Parties shall respect the right of the child to...

             2. 2. States Parties shall respect the rights and duties of the...

             3. 3. Freedom to manifest one’s religion or beliefs may be subject...

         15. Article 15

             1. 1. States Parties recognize the rights of the child to freedom...

             2. 2. No restrictions may be placed on the exercise of these...

         16. Article 16

             1. 1. No child shall be subjected to arbitrary or unlawful interference...

             2. 2. The child has the right to the protection of the...

         17. Article 17

         18. Article 18

             1. 1. States Parties shall use their best efforts to ensure recognition...

             2. 2. For the purpose of guaranteeing and promoting the rights set...

             3. 3. States Parties shall take all appropriate measures to ensure that...

         19. Article 19

             1. 1. States Parties shall take all appropriate legislative, administrative, social and...

             2. 2. Such protective measures should, as appropriate, include effective procedures for...

         20. Article 20

             1. 1. A child temporarily or permanently deprived of his or her...

             2. 2. States Parties shall in accordance with their national laws ensure...

             3. 3. Such care could include, inter alia, foster placement, kafalah of...

         21. Article 21

         22. Article 22

             1. 1. States Parties shall take appropriate measures to ensure that a...

             2. 2. For this purpose, States Parties shall provide, as they consider...

         23. Article 23

             1. 1. States Parties recognize that a mentally or physically disabled child...

             2. 2. States Parties recognize the right of the disabled child to...

             3. 3. Recognizing the special needs of a disabled child, assistance extended...

             4. 4. States Parties shall promote, in the spirit of international co-operation,...

         24. Article 24

             1. 1. States Parties recognize the right of the child to the...

             2. 2. States Parties shall pursue full implementation of this right and,...

             3. 3. States Parties shall take all effective and appropriate measures with...

             4. 4. States Parties undertake to promote and encourage international co-operation with...

         25. Article 25

         26. Article 26

             1. 1. States Parties shall recognize for every child the right to...

             2. 2. The benefits should, where appropriate, be granted, taking into account...

         27. Article 27

             1. 1. States Parties recognize the right of every child to a...

             2. 2. The parent(s) or others responsible for the child have the...

             3. 3. States Parties, in accordance with national conditions and within their...

             4. 4. States Parties shall take all appropriate measures to secure the...

         28. Article 28

             1. 1. States Parties recognize the right of the child to education,...

             2. 2. States Parties shall take all appropriate measures to ensure that...

             3. 3. States Parties shall promote and encourage international co-operation in matters...

         29. Article 29

             1. 1. States Parties agree that the education of the child shall...

             2. 2. No part of the present article or article 28 shall...

         30. Article 30

         31. Article 31

             1. 1. States Parties recognize the right of the child to rest...

             2. 2. States Parties shall respect and promote the right of the...

         32. Article 32

             1. 1. States Parties recognize the right of the child to be...

             2. 2. States Parties shall take legislative, administrative, social and educational measures...

         33. Article 33

         34. Article 34

         35. Article 35

         36. Article 36

         37. Article 37

         38. Article 38

             1. 1. States Parties undertake to respect and to ensure respect for...

             2. 2. States Parties shall take all feasible measures to ensure that...

             3. 4. In accordance with their obligations under international humanitarian law to...

         39. Article 39

         40. Article 40

             1. 1. States Parties recognize the right of every child alleged as,...

             2. 2. To this end, and having regard to the relevant provisions...

             3. 3. States Parties shall seek to promote the establishment of laws,...

             4. 4. A variety of dispositions, such as care, guidance and supervision...

         41. Article 41

         42. Article 42

      2. Part 2 Rights and obligations from the first optional protocol

         1. Article 4

            1. 1. Armed groups that are distinct from the armed forces of...

            2. 2. States Parties shall take all feasible measures to prevent such...

            3. 3. The application of the present article under this Protocol shall...

         2. Article 5

         3. Article 6

            1. 1. Each State Party shall take all necessary legal, administrative and...

            2. 2. States Parties undertake to make the principles and provisions of...

            3. 3. States Parties shall take all feasible measures to ensure that...

         4. Article 7

            1. 1. States Parties shall cooperate in the implementation of the present...

            2. 2. States Parties in a position to do so shall provide...

      3. Part 3 Rights and obligations from the second optional protocol

         1. Article 1

         2. Article 2

         3. Article 3

            1. 1. Each State Party shall ensure that, as a minimum, the...

            2. 2. Subject to the provisions of a State Party’s national law,...

            3. 3. Each State Party shall make such offences punishable by appropriate...

            4. 4. Subject to the provisions of its national law, each State...

            5. 5. States Parties shall take all appropriate legal and administrative measures...

         4. Article 4

            1. 1. Each State Party shall take such measures as may be...

            2. 2. Each State Party may take such measures as may be...

            3. 3. Each State Party shall also take such measures as may...

            4. 4. This Protocol does not exclude any criminal jurisdiction exercised in...

         5. Article 6

            1. 1. States Parties shall afford one another the greatest measure of...

            2. 2. States Parties shall carry out their obligations under paragraph 1...

         6. Article 7

         7. Article 8

            1. 1. States Parties shall adopt appropriate measures to protect the rights...

            2. 2. States Parties shall ensure that uncertainty as to the actual...

            3. 3. States Parties shall ensure that, in the treatment by the...

            4. 4. States Parties shall take measures to ensure appropriate training, in...

            5. 5. States Parties shall, in appropriate cases, adopt measures in order...

            6. 6. Nothing in the present article shall be construed as prejudicial...

         8. Article 9

            1. 1. States Parties shall adopt or strengthen, implement and disseminate laws,...

            2. 2. States Parties shall promote awareness in the public at large,...

            3. 3. States Parties shall take all feasible measures with the aim...

            4. 4. States Parties shall ensure that all child victims of the...

            5. 5. States Parties shall take appropriate measures aimed at effectively prohibiting...

         9. Article 10

            1. 4. States Parties in a position to do so shall provide...

         10. Article 11