What is UNCRC incorporation?
Incorporation of the UNCRC means it gets written into a country’s law at a national level, a level known as domestic law.
The UNCRC (Incorporation) (Scotland) Bill was unanimously passed in Scottish Parliament on the 7th of December 2023.
On the 16th of January 2024, Royal assent was granted for the UNCRC Bill meaning it is now officially an Act. Most of its provisions came into force on the 16th July 2024.
The granting of royal assent marks the final step of making the Bill into an Act of the Scottish Parliament.
When a Convention is incorporated into Scots law, it has more power to bring about change. Often, this happens through cultural change. But this is underpinned by the fact the law can be used in Scottish courts.
Children and young people have been at the forefront of campaigning for incorporation for more than a decade.
They have said time and time again that putting their rights into law is an important demonstration of how Scotland values children and young people. They have told us:
“Incorporation of the UNCRC is so important because we need to show children and young people in Scotland today that their rights are serious, they are meaningful, and they are set out in law.”
“By putting the UNCRC into law, it shows children that the government and local authorities and other public bodies will take them seriously and do care about their rights.”
“Knowing that our rights are coming into law, knowing we are being listened to, and knowing we are being taken seriously by the people in charge, gives more power to young people.”
Story of incorporation
Incorporation of the UNCRC puts children’s rights into the heart of everything we do. It takes the international promises we’ve signed up to and gives them real force in Scotland.
It’s the most important thing Scotland has done to protect the rights of children and young people. However the road to the Bill becoming an Act of the Scottish Parliament wasn’t a smooth one.
In April 2021 The UK Government challenged specific areas of the UNCRC (Incorporation) (Scotland) Bill in the UK Supreme Court.
In response, former Commissioner Bruce Adamson released this statement, stating it was vital that the challenge by the UK Government should not create unnecessary delay to the much-needed rights protections it would provide.
On the 6 October 2021 the Supreme Court published their judgment and our office made this statement. The judges unanimously decided that four sections of the Bill went beyond the powers of the Scottish Parliament. Until changes were made to those sections, the Bill could not become law – which means children’s rights would not be fully protected.
On the 24th May 2022, the Deputy First Minister said the Scottish Government was looking at the changes that needed to be made to the Bill to address the Supreme Court judgment.
In response, our office called for the Scottish Government to take action to address the Supreme Court’s concerns urgently.
Together Scotland produced really helpful resources which go into more detail over the original legal challenge as well as explaining the complexities of the legal challenges.
In 2023, the Scottish Parliament took more evidence to see how incorporation will work in Scotland with those changes. Commissioner Nicola Killean blogged on why incorporation was still worth it.
The UNCRC (Incorporation) (Scotland) Bill was unanimously passed in Scottish Parliament on the 7th of December 2023. It was a historic day for children, young people and all those that advocated for UNCRC incorporation. For over 10 years, children, young people and adults have stepped up to lead this important campaign and their hard work finally paid off.
The granting of royal assent on 16th of January 2024 marks the final step of making the Bill into an Act of Parliament. Most of its provisions came into force on the 16th of July 2024.
Nicola Killean, Children and Young People’s Commissioner, filmed a short video for children, explaining the importance of incorporation and what it really means.
She says: The UNCRC (Incorporation) (Scotland) Act now has real legal force which means that children’s rights are now part of the law in Scotland.
“With these rights in law, decision-makers can be held accountable.
“Our office also gets new powers to take legal action when children’s rights aren’t being respected. That legal power will help us to address wider issues that are important to more children and young people.”
The UNCRC sets out the human rights of children and young people, including the right to an education, the right to the best possible health, to nutritious food, to a safe, warm house, to social security, and the right to protection from abuse and neglect. Having these rights in law is a legal change, but also a cultural one.
And it’s a change that children and young people – as well as this office – have been campaigning for over decades.
Nicola adds: “ let’s celebrate this historic moment and thank all the children and young people who made this possible. This is a huge step forwards to a Scotland where your rights are recognised, respected, and enforced.”
Our legal powers: Q&A with Nick Hobbs
We have new legal powers after UNCRC incorporation: our Q&A explains all
UNCRC incorporation brings changes to the office’s legal powers. Find out what it all means in a Q&A with our Head of Advice and Investigations, Nick Hobbs.