The United Nations Convention on the Rights of the Child (UNCRC)
Find out about how East Renfrewshire Council's response to UNCRC
What is the UNCRC?
The United Nations Convention on the Rights of the Child (UNCRC) sets out the fundamental rights for children. It's a complete statement of children's rights and outlines the civil, political, economic, social, and cultural rights that all children are entitled to.
These rights can be categorised as:
- survival rights
- protection rights
- developmental rights
- participation rights
The UNCRC is the most widely ratified treaty in the world and its 54 articles cover all aspects of a child's life and take into account the best interests of children.
All of the rights are:
- universal: everyone under the age of 18 has rights under the UNCRC
- unconditional: rights are automatic - they are not 'earned'
- inalienable: rights cannot be given or taken away
- inherent: rights are permanent
- indivisible: children's rights are dependent on each other for their effectiveness. You cannot pick and choose rights - you must uphold them all.
New legislation has been introduced to incorporate the UNCRC into Scots law. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 will come into force in July 2024.
The Act aims to ensure that:
- children's rights are respected and protected in the law in Scotland
- public authorities are legally required to respect and protect children's rights in the work they do
The ambition is to deliver a proactive culture of everyday accountability for children's rights across public services in Scotland.
- public bodies in Scotland must take proactive steps to ensure the protection of children's rights in their decision-making and service delivery. It is unlawful for public bodies to act incompatibly with the UNCRC requirements
- The act gives children and young people access to the courts if they feel their rights have been breached.
We need to make sure that everyone knows what children's rights are and that we recognise, respect, support and promote them.
We'll make sure we incorporate the following key features:
- make sure the voice and lived experience of children and young people informs our planning and delivery of public services and how our services help realise children's rights
- carry out Equality Fairness and Rights Impact assessments (CRWIA) when a new strategy, policy is being developed, or when there is a change in public services planned
- publish a Children's Rights Reports every 3 years to communicate how we are complying with the new act
- ensure that all children and young people know about their rights
- develop a child friendly complaints procedure
East Renfrewshire's UNCRC Champions are committed to promoting and upholding children's rights through all aspects of their department/organisations policy, strategy and service delivery.
Legal Services
Gerry Mahon
gerry.Mahon@eastrenfrewshire.gov.uk
Education
David Gordon
david.Gordon2@eastrenfrewshire.gov.uk
Health and Social Care Partnership (HSCP)
Andy McQuade
andrew.McQuade@eastrenfrewshire.gov.uk
Communities
Julie Breslin
breslinj@eastrenfrewshire.gov.uk
Community Learning and Development (CLD)
Emma Ball
emma.Ball@eastrenfrewshire.gov.uk
Environment
Erica Roche
erica.Roche@eastrenfrewshire.gov.uk
Listening to the voice of children is important and we aim to embed a culture of participation that gives all children a voice, and ensures that their views and opinions can influence decisions we make that affect them and their daily lives.
We'll continue to make sure that children have the chance to be actively involved. This means listening to their opinions, concerns and views, to ensure that we provide services that meet their needs and improve the way we work.
This is done by working with a range of groups such as:
- Pupil Parliaments
- Champions Board
- The Promise Board
- Rights Committee
An East Renfrewshire Children's Rights Board is in the process of being developed and more information will be shared once it is established.
Children have the right to express their views and to be listened to by the adult professionals making decisions that affect them and their life. If things go wrong they have the right to make a complaint, either on their own, or with the help of a relative, friend or an advocate.
The following principles underpin how we'll handle and investigate complaints from or involving children, in a way that respects their rights under the United Nations Convention on the Rights of the Child (the UNCRC):
Find out how to make a complaint and submit an online form.
For Everyone Under 18
- a child is defined as anyone under the age of 18.
- all concerns affecting any child will be handled in a way that meets all of their rights under the UNCRC.
- this includes concerns raised directly by a child, as well as concerns raised by an adult, either on a child's behalf, or about matters that affect a child.
Focused on Children's Best Interests
The best interests of any children affected will be at the heart of the complaints process. This means all decisions made or actions taken will treat the best interests of any children affected as a top priority.
Trusting and Inclusive
- trust will be placed in children to make decisions they can manage, recognising their increasing ability to make their own choices
- concerns will be handled in a way that respects the rights of their parent/s, guardian/s or other responsible adult/s to guide and direct them
- If a child does not wish their parent/s, guardian/s or other responsible adult/s to be made aware of their concerns, their involvement will be decided by carefully weighing the child's views, their best interests, and the rights of everyone involved
Centred on Children's Voices
- children will be given the chance to express their views, feelings and wishes in all matters that affect them
- children's voices and views will always be listened to, taken seriously, and have real impact
- children will be asked how they want to communicate and things will be done their way whenever possible
- informed consent will be sought from the child affected where a concern has been raised by parent/s, guardian/s or other responsible adult/s on behalf of their child.
Kind and Supportive
- children will be treated with kindness and understanding at all times, and they will never be treated differently for raising concerns
- every effort will be made to ensure children feel comfortable to freely and openly express their thoughts and opinions
- wherever possible, children will be supported to complain by people they know and trust.
Confidential
- nothing a child shares will be passed on without their permission, unless doing so is required to safeguard their wellbeing or investigate a concern.
- before speaking with any child about a complaint, explanations will be given about when things may need to be passed on without their permission. This will include explaining what happens if they say something that suggests they are at risk
- if a child's concerns have to be shared, or their parent/s, guardian/s or other responsible adult/s involved, they will be told this, and why this needs to happen
- if a child's concerns are shared this will be done as far as possible without identifying them
- where an investigation might mean other people could identify the child, this will be discussed with them for their views on whether they wish to continue.
Educational about Rights
information will be provided to children and any parent/s, guardian/s or other responsible adult/s about their rights under the UNCRC and they'll be helped to understand what this means for them.
An advocate is a person who can make sure that children's views, wishes and feelings are heard, this can be done by:
- supporting them at meetings
- meeting them and listening to them
- helping them to make a complaint if they are not happy about something or a compliment if they are really happy about something
- giving them information and advice about their rights
Find out more about advocacy and how to access and advocate.
Under the UNCRC we must ensure that the best interests of the child are a primary consideration in all actions concerning children. We do this through ensuring that a child-specific impact assessment and monitoring process is in place and in East Renfrewshire this is through an Equalities, Fairness and Rights Impact Assessment (EFRIA).
An EFRIA is completed as part of relevant policy development and is a process through which we identify, research, analyse and record the anticipated impact of any proposed law, policy or measure on children's rights.
Read the 2021 - 2024 Report
The following links provide more information and resources to support UNCRC
Children and Young People's Commissioner Scotland
2017 - 2020 Report
