Effect of Incorporation of the UN Convention on the Rights of the Child into Scottish Law

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Dear Children's Commissioner for England,

The Scottish Government is implementing the above with with respect to all children in that nation within the United Kingdom and Northern Ireland. Has the Commissioner sought/given advice or made representations as to the implications re Article 14 of the European Convention on Human Rights as to any differential treatment/ outcomes this might produce for children in England as compared to their counterparts in Scotland?

If so, please provide copies of such advice and representations or url links to same.

Yours faithfully,

Jan Cosgrove

REQUEST, Info, Children's Commissioner for England

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REQUEST, Info, Children's Commissioner for England

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Dear Jan,

 

Thank you for your request for information dated 30^th December. We have dealt with your request under the Freedom of
Information Act 2000.

 

You asked whether the Children’s Commissioner has sought or given advice, or made representations as to the implications
re Article 14 of the European Convention on Human Rights as to any differential outcomes this might produce for children
in England as compared to their counterparts in Scotland.

 

The Children’s Commissioner is concerned about any differential outcomes for children in England and has called for full
incorporation of the UNCRC into UK domestic legislation, as set out in the following:

 

o The 2019 [1]UNCRC mid-term review, in which the UK Commissioner’s provided an assessment of the state of children’s
rights in the UK to mark the 30th anniversary of the United Nations Convention on the Rights of the Child, and

 

o The 2020 submission to the [2]UN Committee on the Rights of the Child. This List of Issues Prior to Reporting
comprises part of the evidence which will inform the Committee ahead of their assessment of the UK’s progress in
realising children’s UNCRC rights. In this submission, the Commissioner and her UK counterparts recommended that the
Committee question the Government on what steps have been taken to incorporate the UNCRC adopting a maximalist
approach in terms of application and justiciability into domestic legislation in England, Northern Ireland and Wales.

 

Additionally, representatives of the Children’s Commissioner’s Office regularly attend the UNCRC action group which is
co-chaired by the Department for Education and the Children’s Rights Alliance for England. This group brings Government
together with children’s rights organisations to oversee the implementation of the UNCRC, and is a forum in which the CCO
is able to raise issues including full incorporation.

 

You asked for relevant URL links.

 

o [3]https://www.childrenscommissioner.gov.uk...
o [4]https://www.childrenscommissioner.gov.uk...

 

 

Kind regards,

The Children’s Commissioner’s Office

 

[5]Childrens Commissioner

 

 

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