Children’s rights and independent advocacy

Date: 20th August 2024
Category: General measures of implementation, Special protection measures, Civil Rights and Freedoms

Children holding blank placard

This article is about children’s right to independent advocacy. Children with mental health issues have a legal right to this service in Scotland. However, CAPS notes that most children can’t access it. The incorporation of the UNCRC into Scots law is an important step forward for children’s rights – it is important that those rights can be realised.

CAPS, an organisation providing independent advocacy, currently works with children and young people in East Lothian and Midlothian, primarily focusing on those involved in the Children’s Hearings system. While CAPS helps these children express their needs and have their voices heard during critical life-changing decisions, the service is limited by funding and cannot extend support beyond the hearings.

CAPS highlights the need for broader access to independent advocacy, particularly for  children whose rights are at risk, such as with mental health issues or learning disabilities, who already have a legal right to this support. The incorporation of the UNCRC into Scots law is seen as a positive step - ensuring that these rights are effectively realised remains a pressing issue.