What Remains Following the UNCRC (Incorporation) (Scotland) Bill Reference Judgment?

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC Bill) passed through Scottish Parliament by a unanimous vote on 16 March 2021. The highly anticipated legislation represented the culmination of a long-running campaign by children’s rights advocates to legalize the full schedule of children’s rights outlined in the UN Convention on the Rights of the Child (UNCRC). A major hurdle was how to draft a bill that offered maximum protection while not impinging on reserved matters under the existing devolution arrangements. Shortly after the Bill celebrations began, the UK Government referred the Bill to the Supreme Court to determine whether certain of its provisions exceeded the Scottish Parliament’s competence under the Scotland Act 1998. The Reference judgment [2021] UKSC 42, delivered on 6 October 2021, received almost immediate responses from key civil organisations and the Scottish Children’s Commissioner leaving many to wonder what had been lost.