Incorporation now: Why the convention on the rights of the child is important in law

What is the United Nations Convention on the Rights of the Child?

The United Nations Convention on the Rights of the Child (UNCRC) is nothing new, Rebecca explains to us. “It was first drafted in 1989, and was ratified – the legal term for when a country agrees to follow the convention - by the UK parliament in Westminster in 1991. However, though we vaguely agree to abide by it, it isn’t actually part of domestic law yet. This means that in many cases we are still unable to hold people accountable for injustices happening to our young people.” 

In Scotland, a bill to bring the UNCRC into Scottish law, the UNCRC (Incorporation) (Scotland) Bill, was brought to parliament two years ago. A Supreme Court judgement meant that the Bill had to be brought back to Parliament – but despite the Scottish Government agreeing to do so, it still hasn’t been incorporated and there’s no timescale for when this might happen. For people like Rebecca, who work every day to protect children and young people from harm, not having the bill incorporated is a huge frustration. 

Why does incorporation need to happen now?

“Barnardo’s exists to support young people facing those challenges. Incorporating the UNCRC would mean no longer demanding that a child has a need for support, but a right. The naming of that right, means someone is accountable.” Rebecca explains. 

“Two years for a child is a long time. In two years a child crosses many milestones. Do you remember how long two years felt when you were eight-years old? In two years, a child could face many challenges that will have a life-long impact. The last two years of the lives of Scottish children, for example, has been impacted by Covid-19, a cost-of-living crisis and the impending climate crisis. More than ever they have needed the UNCRC.” 

Barnardo’s services across Scotland are providing care and support for those children, but two years is such a long time for a child whose rights are not being met.  

Two years in the life of a child without rights

Rebecca continues, “At 0-2 years old, a baby is progressing through many major milestones. Talking, walking, forming attachments. Parents struggling with the ‘cost of living crisis’ over the last year have been able to attend our Nurture Service in Inverclyde. Accessing toddler groups and dropping-in when things have gotten tough. If we get these foundations right for babies, all children will be able to flourish.”  

Those born March 2021 are now two years old. Many are still not able to access rights during the most vulnerable years of their lives. “Article 26 of the convention states that families have the right to be given the resources they need to bring up their babies and toddlers in environments that meet mental and physical needs but how accountable are local authorities in ensuring that need is met without UNCRC incorporation?”  

Babies aren’t the only ones who need their rights protecting. The difference between being 4 and being 6 is also huge. For most 4-6-year-olds their vocabulary is expanding rapidly, they can draw, and are starting school. In 2022, many 4–6-year-olds (and beyond) came here from Ukraine and other war-torn countries. “Our Welcome [Ukraine] Service supported the rebuilding of communities, have been advocating for education and housing for young people, whilst also supporting host families navigating UK systems. Under the UNCRC they would be afforded extra rights. Article 39 for example, state the right to be given support to get better following war. The delay in incorporation means children not accessing these extra protections when they are most needed now.”  

Older children too would be afforded extra protections if the UNCRC was brought into Scottish law. Between 10 and 12, young people are developing understanding of their own and other’s feelings, they are making decisions and transitioning to secondary school. Some of the children in this age group may have become involved in the care system when their parents have had trouble navigating the challenges of their lives.  

“Our Fostering services across Scotland support children to access a range of their rights, especially Article 12: hearing the voice of the young person. Our services also educate foster carers in what it means to provide rights based and trauma-informed care.” Children in foster care are in need, like all children across Scotland, to have their rights strengthened. “Incorporation would mean people have a responsibility to check whether children are safe and happy (Article 25), ensure siblings rights and the right to be looked after by people who respect young people’s religions, cultures, and languages (Article 20).”  

Now think about entering teenage years and how life can change rapidly for you. At 13-15, many changes are happening with puberty and developing a strong sense of self. Many children may struggle in school, feeling stigmatised, not being able to concentrate or cope, may be excluded, or may not feel supported enough to attend.   

“Our Edinburgh Together service helps autistic young people gain more confidence, often outside of school doing play-based activities or being outdoors. In two years, this service will have given young people not attending school strategies and coping mechanisms to be able to get back in a classroom and fulfil their right to education (just as it says in Article 28 of the UNCRC that all children should have the right to).”   

When we get to 16-18 year olds, it seems easy for society to forget that they have rights, to be valued and protected too. Too many times 16-18 year do not have their rights met, with many laws determining 16-year-old as adults and therefore, too old for children’s services interventions.  

“Our through-care services 16+ are helping to protect the rights of young people, finding them somewhere safe and suitable to live. These are the group of young people who will be soon timed out of the UNCRC protection. The delay in incorporation has meant that for many young people, it is now too late and they may have lived their whole childhoods missing out on the rights and protections they deserve." 

Barnardo’s services across the country try as much as possible to provide young people of all ages with their rights, but having the UNCRC incorporated into Scots law would at least ensure others have the obligation to protect and uphold these rights too. 

“So many of our young people in Scotland have been campaigning that long for incorporation, they are now no longer children. We can’t let this happen to another generation of young people, if we truly want Scotland to be the best place to grow up.”  

For a baby born in March 2021, how old will they get before they have the full range of UNCRC rights incorporated into Scottish Law? “We need incorporation now, to ensure that all children and young people enjoy their rights and live happy, healthy childhoods.”