Incorporating the CRC in Scotland

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

Children’s rights have long featured in Scottish politics and have been a particular focus of the Scottish National Party’s platform since it became the majority governing party in 2011. In April 2019 the leader of Scottish Government pledged that the government would incorporate the CRC into national law during this parliamentary term, which ends in March 2021. This chapter explores the way in which this pledge and previous Scottish implementation efforts have supported a commitment to children’s rights. It begins with a brief overview of the legal settlement between the Scottish and UK governments and the growing attention on children’s rights post devolution. This is followed by an overview of key legal and non-legal measures implementing various aspects of the CRC in Scotland, including points of tension. How these measures have impacted judicial protection of children’s rights will then reveal the gaps that persist in Scots law. The chapter then moves on to consider the potential for further entrenchment of the CRC in Scotland through direct, maximalist incorporation as reflected in the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill that was introduced in Scottish Parliament on 1 September 2020.

Original languageEnglish
Title of host publicationIncorporating the United Nations Convention on the Rights of the Child into National Law
EditorsUrsula Kilkelly, Laura Lundy, Bronagh Byrne
PublisherIntersentia
Pages303-332
Number of pages29
Edition1st
ISBN (Print)9781780689920
Publication statusAccepted/In press - Sep 2020

Keywords

  • children's rights
  • UNCRC
  • incorporation
  • Scotland
  • Human Rights
  • implementation

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