From 16th July 2024, children’s rights must become central to decision-making in Scotland as the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 comes into effect.

The new legislation states that public authorities need to protect the human rights of children. Moreover, young people and their representatives can now use legal processes to ensure their rights are being upheld and protected. A key aim is to increase the participation of children and young people in decision-making.

The United Nations Convention on the Rights of the Child (UNCRC) was adopted by the UN General Assembly in 1989. It came into force in 1990 and was ratified by the UK in 1991. The 54 articles of the Convention cover the civil, political, economic, social, health and cultural rights of all children. As well as highlighting the right to protection from abuse and neglect, it also covers the wider areas of care, education and adequate standards of living. It states that the best interests of the child must be a top priority in all decisions and actions that affect children.

The 2024 Act will not only make Scotland the first country in the UK to directly incorporate the UNCRC into domestic law, but will also be the first developed nation in the world to do so.

As a fostering organisation, and one that actively lobbies in order to drive positive change within the care system, TACT welcomes this landmark piece of legislation. Our hope is that other countries follow suit and solidify the rights of children and young people within common law.