On 1st September 2020 the Scottish Government introduced the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill in the Scottish Parliament. 

We welcomed the Bill, which once in force should enable a proactive culture of day to day accountability for children’s rights.

We submitted our views to the Equalities and Human Rights Committee in October 2020, available here.

Our response to the original consultation on incorporation of the UNCRC in August 2019 is available here

Clan Childlaw Legal Policy Manager Janet Cormack explained the changes the Bill will make in a blog for The Baring Foundation here.

The Bill was passed unanimously by the Scottish Parliament in March 2021, but it was then referred by the UK Government to the Supreme Court on the basis that the UK Government thought certain parts of the Bill breached devolution rules. Janet Cormack wrote about this Supreme Court case here.

In October 2021 the Supreme Court issued its judgment which found 4 provisions of the Bill went beyond the Scottish Parliament's powers. The Bill must now be amended by the Scottish Parliament before it can receive Royal Assent and enter into force.