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| Scotland's child protection plans found wanting | Scotland's child protection plans found wanting |
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| Proposals by the Scottish government to protect children fail to offer effective redress for human rights violations, according to Scotland's commissioner for children and young people. | Proposals by the Scottish government to protect children fail to offer effective redress for human rights violations, according to Scotland's commissioner for children and young people. |
| In a response to a consultation that ends on Tuesday, Tam Baillie said the children and young people (Scotland) bill contained no requirement for ministers to have "due regard" to the United Nations convention of the rights of the child (UNCRC), which was previously touted as the centrepiece of the new plans for Scotland. | In a response to a consultation that ends on Tuesday, Tam Baillie said the children and young people (Scotland) bill contained no requirement for ministers to have "due regard" to the United Nations convention of the rights of the child (UNCRC), which was previously touted as the centrepiece of the new plans for Scotland. |
| Launching its consultation in July 2012, the Scottish government said its proposals would promote the UNCRC and "embed the rights of children and young people across the public sector", in line with the convention. | Launching its consultation in July 2012, the Scottish government said its proposals would promote the UNCRC and "embed the rights of children and young people across the public sector", in line with the convention. |
| But Baillie said the UNCRC had yet to be given direct legal effect in Scots law, which means it cannot effectively be invoked in the courts. He said the Scottish and UK governments should work towards full incorporation of the UNCRC, so that public authorities would be required to comply with the convention's 54 articles. | But Baillie said the UNCRC had yet to be given direct legal effect in Scots law, which means it cannot effectively be invoked in the courts. He said the Scottish and UK governments should work towards full incorporation of the UNCRC, so that public authorities would be required to comply with the convention's 54 articles. |
| The UNCRC is an international agreement that protects the human rights of those under the age of 18. It was ratified by the UN general assembly in 1989 and adopted by the UK in 1991. | The UNCRC is an international agreement that protects the human rights of those under the age of 18. It was ratified by the UN general assembly in 1989 and adopted by the UK in 1991. |
| Baillie said that, while he was generally encouraged by the direction of the bill, Scottish ministers should further the rights set out in the UNCRC. He said: "Such a duty would set out for the first time explicitly in legislation ministerial commitment to, and responsibility for, the rights and duties set out in the UNCRC, and require ministers to identify specific measures to further the rights set out in the UNCRC. | Baillie said that, while he was generally encouraged by the direction of the bill, Scottish ministers should further the rights set out in the UNCRC. He said: "Such a duty would set out for the first time explicitly in legislation ministerial commitment to, and responsibility for, the rights and duties set out in the UNCRC, and require ministers to identify specific measures to further the rights set out in the UNCRC. |
| "There are few explicit linkages between the proposed measures on children's rights and the remainder of the proposals for legislation." | "There are few explicit linkages between the proposed measures on children's rights and the remainder of the proposals for legislation." |
| Baillie also called for more resources to extend his investigatory powers on behalf of children. He said: "The document provides little detail regarding the model the Scottish government has in mind … [An] investigatory function for the commissioner relating to individual children and young people which is properly conceived, established and resourced would be a useful and important mechanism for children and young people to resolve alleged violations of their rights under the UNCRC." | Baillie also called for more resources to extend his investigatory powers on behalf of children. He said: "The document provides little detail regarding the model the Scottish government has in mind … [An] investigatory function for the commissioner relating to individual children and young people which is properly conceived, established and resourced would be a useful and important mechanism for children and young people to resolve alleged violations of their rights under the UNCRC." |
| Baillie also expressed concern that parents of disabled children often struggle to find affordable childcare, and said "flexible, inclusive early learning and childcare provision for disabled children should be a priority". | Baillie also expressed concern that parents of disabled children often struggle to find affordable childcare, and said "flexible, inclusive early learning and childcare provision for disabled children should be a priority". |
| In response, a Scottish government spokesman said: "We are committed to progressing the rights of children as set out in the UNCRC, and the duties we are proposing will advance this. | In response, a Scottish government spokesman said: "We are committed to progressing the rights of children as set out in the UNCRC, and the duties we are proposing will advance this. |
| "We have also outlined proposals to extend the powers of the children's commissioner to undertake investigations on behalf of individual children, and are seeking views on these proposals. We have an excellent relationship with the commissioner and are working closely with his office to develop how this proposal would work in practice." | "We have also outlined proposals to extend the powers of the children's commissioner to undertake investigations on behalf of individual children, and are seeking views on these proposals. We have an excellent relationship with the commissioner and are working closely with his office to develop how this proposal would work in practice." |
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