Equality and Human Rights Committee: UNCRC (Incorporation) (Scotland) Bill Written Evidence

Abstract

1.1. This Bill is a watershed moment for human rights in Scotland. It will reform the existing framework for the benefit of children living here by creating a statutory framework designed to enhance access to rights under the provisions of the UNCRC in so far as it is possible to do so within devolved competence. It is innovative in nature and ground breaking in terms of devolved legislation in the UK in seeking a maximalist approach to human rights protection in accordance with international obligations. I welcome the Bill and the aims it seeks to achieve. The following evidence helps to clarify areas for further consideration and makes recommendations in terms of potential improvements to the framework from a legal and human rights perspective. Any Bill that seeks to ensure a maximalist approach should ensure that the duties contained in the Bill are genuinely transformative in nature. Likewise, access to justice for non-compliance must be available if failure to comply with duties results in a violation of the UNCRC. This is the threshold against which this written evidence measures the Bill.