Introduction
The actions outlined in this document have been developed following consultation and all fit within the Government's overall purpose to focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth.
There were 3 strands to the consultation: a written consultation; a series of consultation events; and consultation activity with children and young people. We commissioned reports on each of these and from the information gathered, identified 21 areas which people agreed should be prioritised.
We are launching this plan on 1 September 2009 along with a detailed annex (covering our response to all the UN Committee's recommendations) which will be made available on the Scottish Government website.
While this document outlines the action we are taking in specific areas, the Scottish Government has already taken decisive action that will further improve the rights of children and improve outcomes for children and young people in Scotland: we have announced our intention to raise the minimum age of prosecution from 8 to 12 through the Criminal Justice and Licensing (Scotland) Bill; we have introduced an NHS target to improve access to mental health services for young people; children and young people seeking asylum now have equal access to higher and further education in Scotland; and we have introduced legislation to end the remanding of under 16s in prison in Scotland. Actions to improve children's rights contribute positively to the Government's overall purpose. Beneath this purpose, the Concordat sets out shared objectives and shared responsibilities between local and central government for the delivery of better outcomes for the people of Scotland and provides a National Performance Framework with which to measure performance. There are 15 national outcomes that cover all aspects of devolved responsibility in Scotland. Successful delivery of each of these will impact positively on the lives of children and young people but six have particular relevance to the UNCRC. Below we have set out the relevant national outcomes and the UNCRC articles that relate to them. This Scottish Government response to the concluding observations is therefore aligned with the National Performance Framework:
- We are better educated, more skilled and more successful, renowned for our research and innovation
UNCRC articles 5, 13, 15, 17, 28, 29, 31, 32 - Our young people are successful learners, confident individuals, effective contributors and responsible citizens
UNCRC articles 5, 12-15, 17, 23, 28, 29, 31 - Our children have the best start in life and are ready to succeed
UNCRC articles 4-10, 18, 20, 21, 24, 26, 27, 31 - We live longer, healthier lives
UNCRC articles 3, 11, 17, 19, 24, 25, 32-39 - We have tackled the significant inequalities in Scottish society
UNCRC articles 2, 12-14, 22, 23, 27, 30 - We have improved the life chances for children, young people and families at risk
UNCRC articles 6, 9, 11, 18-21, 25, 26, 33-37, 39, 40
Within the wider context of the Scottish Government's purpose, we are working with partners in local government, the NHS, the voluntary and private sectors to implement a coherent and cohesive group of policies to alleviate poverty (Achieving our Potential), tackle health inequalities (Equally Well) and to shift the focus of services from crisis intervention to prevention, early identification and early intervention through a new Early Years Framework. We are also implementing a new Curriculum for Excellence in our schools which will ensure that all our children and young people develop the 4 capacities - to be successful learners, confident individuals, effective contributors and responsible citizens. The personalised, child-centred and multi-agency approach in Getting it Right for Every Child will be the key delivery mechanism at the core of these policy frameworks. The Getting it Right for Every Child programme has at its heart an ethos that respects the voice of the child and their best interests.
There is already a legislative basis for the underlying principles of the UNCRC in individual pieces of legislation, for example the Children (Scotland) Act 1995. In addition there is the Human Rights Act 1998 which gives further effect to the rights and freedoms guaranteed under the European Convention on Human Rights ( ECHR), many of which are directly relevant to the UNCRC and which, of course, apply just as much to children and young people as they do to adults. It is worth noting that whilst the UNCRC does not have the same status in domestic law as the ECHR, it is nonetheless referred to by the European Court of Human Rights as a common standard accepted by all subscribers to the ECHR and is increasingly used to guide its interpretation.
The following pages give more detail on what the UN Committee and consultation respondents have commented on in each of these areas and set out specific actions the Scottish Government will take. We will work on the various actions in these areas over the next 5 years as we move towards the UK's next report to the UN Committee due in January 2014. We will produce an interim progress report in 2011-12.
We hope you find the information in this publication of interest. If you have any comments or questions on Scottish Government activity related to UNCRC and children's rights, please contact childrensrights@scotland.gsi.gov.uk.