New blog: Children’s rights at the heart of law

Date: 24th July 2024
Category: General measures of implementation, Basic Health and Welfare
Author: Enquire

children's rights in text

In this blog by Enquire, Together’s Director Juliet Harris reflects on the transformative potential for disabled and neurodivergent children with the commencement of the UNCRC Act 2024.

The Act, effective from 16th July 2024, integrates the United Nations Convention on the Rights of the Child (UNCRC) into Scots law, making children’s rights legally binding on public authorities. After a decade-long campaign by children and young people, the Act aims to significantly enhance their rights, including those of disabled and neurodivergent children.

The UNCRC encompasses a comprehensive set of rights, with particular articles crucial for disabled and neurodivergent children, such as Article 2 on non-discrimination and Article 23 on the rights of disabled children. The UNCRC Act provides the need for the Scottish Government to address key issues, including providing adequate educational support, reducing waiting times for diagnostic and treatment services, and improving mental health services. The UNCRC Act prioritises these issues, embedding children’s rights across all levels of public services.

Whilst the culture change that children and young people have campaigned for may not be immediate, the UNCRC Act will help Scotland to get there. Countries that have already incorporated children’s rights into law, including Belgium, Norway, Iceland, Sweden and Spain, have shown a positive culture change where there is broader respect for children’s rights and children are increasingly recognised as rights-holders. In this way, we expect the UNCRC Act to drive significant improvements in the lives of disabled and neurodivergent children by making sure their worries, concerns and injustices are addressed from the outset and future breaches of their rights are prevented.