Children, Detention & Solitary Confinement in Scotland

In March 2021, the Scottish Parliament unanimously adopted the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill. Once the Bill receives Royal Assent, the articles of the UN Convention on the Rights of the Child (UNCRC) will be enforceable in Scots law. Among the many provisions outlined in the UNCRC is the prohibition against torture, which is also replicated in Article 3 of the European Convention on Human Rights (ECHR) as incorporated into UK law through the Human Rights Act 1998. A host of other Scottish, UK and international laws also prohibit torture. Specifically, the UK is party to the UN Convention against Torture and other Forms of Cruel, Inhuman or Degrading Treatment (UNCAT) and, under the Scotland Act 1998, Scotland is responsible for implementing its provisions prohibiting torture or cruel, inhuman or degrading treatment (CIDT). Nonetheless, certain detention practices in Scotland may breach the minimum threshold for a finding of torture or CIDT due to the heightened protections due children. This brief addresses the detention of children in Scottish youth offender institutes (YOIs) and how it may amount torture or CIDT in breach of a range of legal obligations owed to children.