UN Convention on the Rights of the Child: Scottish Governments detailed response to the UN Committees 2008 Concluding Observations

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IMPLEMENTATION OF THE UNCRC

No	UNCRC Article	2008 Concluding Observations and Domestic Concerns	Scottish Government response
1	Implementing 2002 Concluding Observations [A4]	Concluding Observations 7. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the previous reports that have not yet - or not sufficiently - been implemented as well as those contained in the present concluding observations. In this context, the Committee draws the attention of the State party to its general comment No.5 (2003) on general measures of implementation of the Convention on the Rights of the Child.	Some of the issues raised in the 2002 Concluding Observations have now been addressed and were not raised in 2008. There was some concern expressed in the consultation that some issues raised in 2002 remain outstanding (and indeed some from 1995). Many of these issues were also raised by the UN Committee in 2008 and are addressed in this response to the 2008 Concluding Observations. Scottish Government ( SG) will: Through the Do the right thing publication and this annex set out the action we will take to address the concerns raised by the UN. This response also sets out how SG intends to address General Comment 5.
2	Economic exploitation, including child labour [A32] Child employment	Concluding Observations 9. The Committee encourages the State party to withdraw its reservation to article 32 with respect to the Overseas Territories and Crown Dependencies.	The reservation is a reserved matter and not relevant to Scotland, but this recommendation offers the opportunity to address concerns about the regulation/monitoring of child employment in Scotland. Existing regulation of child employment in Scotland is not well used or effective. The regulation of child employment in Scotland is currently underpinned by the Children and Young Persons Act 1937, last updated with regulations on maximum working times in 2006. Concern was expressed in the consultation that the current law is confusing and a public awareness campaign is required to help people understand child employment legislation. More fundamentally it was suggested that the law should be consolidated and modernised to ensure the better protection of children at work and to ensure the law better reflects current working practice. The Scottish Government acknowledges these comments and concerns and has decided to take forward work in this area in the longer term rather than as an immediate priority. SG will: Continue to monitor the regulation of child employment in Scotland. Any action taken will be in partnership with COSLA, local authorities and other stakeholders, including children and young people, to consider what changes may be needed to improve regulation/monitoring. Any proposed changes will need to be proportionate and effective.
3	Definition of a child [A1]	Domestic concerns Different legislation defines a child in different ways in Scotland and this does not fit with that in UNCRC in all cases - it is often 16. Having different ages in different legislation can be confusing.	It would be a significant challenge to either bring the definition of a child into line with UNCRC or to introduce a single legal definition. As set out in the consultation paper, the Scottish Government has no immediate plans to change the definition of a child in Scots Law. We are however concerned about the different levels of support that are available in certain circumstances for those aged under 16 and those aged 16-17. There was unanimity among consultation respondents that the current situation is confusing and that a single age definition would be preferable although 16 and 18 were both proposed. There was concern that not all 16-18 year olds are able to access the care and support they require and it was suggested that the situation needs to be examined and rationalised. The recent publication by SG of a leaflet prepared by Clan Childlaw setting out the age at which children can do things was welcomed. SG will Consider what changes could be made to legislation, policy and practice to ensure effective help and support for all under 18s, whatever age they are. In the longer term, consider what additional information could be produced to help clarify how a child is defined in Scots Law, eg a definitive legal guide to the various definitions of a child in Scots law.
4	Incorporation of CRC in domestic legislation [A4]	Concluding Observations 11. The Committee recommends that the State party continue to take measures to bring its legislation in line with the Convention. To this aim, the State party could take the opportunity given in this regard by the development of a Bill of Rights in Northern Ireland and a British Bill of Rights, and incorporate into them the principles and provisions of the Convention, e.g. by having a special section in these Bills devoted to child rights. Domestic Concerns SG should incorporate the UNCRC into domestic law.	While some elements of the UNCRC are in Scots law eg Children (S) Act 1995, Standards in Scotland's Schools Act 2000, Education ( ASL) (S) Acts 2004, many are not. The consultation paper set out Ministers' view that they were not minded to incorporate the UNCRC into Scots law en bloc. They would rather consider things on an issue by issue basis linked to improving outcomes for children. There was a clear message from all 3 consultation strands of the importance of incorporation of the UNCRC, with many respondents calling for en bloc incorporation as the most effective means of ensuring that all rights are given equal importance and that children have legal recourse where those rights are not being upheld. It was suggested that a working group be established to look at the compatibility of existing legislation and options for progressing incorporation. There was support for the proposed children's rights statement in SG Bill policy memoranda and a request for more information on the possible duty on SG to promote and raise awareness of UNCRC. The Scottish Government acknowledges the views expressed but remains committed to issue by issue consideration of UNCRC rather than en bloc incorporation. SG is fully committed to the UNCRC and promoting and supporting the rights of children and to taking forward the actions identified in Do the right thing and this annex. The UK Government published its Bill of Rights and Responsibilities Green Paper in March 2009. It is currently out for consultation. The Green Paper makes clear that any legislation resulting from it will not be introduced before the next General Election . The UK Government has also indicated that any legislation is unlikely to extend the range of legally enforceable rights beyond those in ECHR and the Human Rights Act. SG will Work with those with relevant knowledge and expertise to look at the compatibility of existing Scottish and UK legislation with the UNCRC and look at options for progressing incorporation. Continue to work with UK Government officials on the Bill of Rights and Responsibilities as it develops to ensure the Scottish perspective is included/respected and in the light of what emerges from this process give detailed consideration to placing a possible duty on SG to promote and raise awareness of UNCRC.
5	Co-ordination [A44] Co-ordination and monitoring	Concluding Observations 13. The Committee reiterates its previous recommendation that the State party ensures effective coordination of the implementation of the Convention throughout the State party, including locally, especially where local authorities have significant powers to determine their priorities and allocate budgets. To this end, the State party - in addition to ensuring that each of the jurisdictions has a well resourced and functioning coordinating body - could allocate responsibility for the coordination and evaluation of the Convention across the State party to a single, high-profile, mechanism. Domestic Concerns Assign coordination of implementation of UNCRC to a body with adequate mandate and sufficient resources.	In Scotland, the Children's Rights Team has the lead role for co-ordination of implementation etc. The expansion of the Team in May 2008 has meant additional monitoring and implementation capacity There is commitment from the UK Government and the Devolved Administrations to hold quarterly discussions at official level in order to maintain regular contact, share learning, experience and good practice and to discuss UK-wide issues. Three such meetings have now been held in England, Wales and Scotland with a fourth to be held in Northern Ireland at the end of September. A meeting of children's Ministers was also held in Cardiff in June 2009. The role of the Children's Rights team was welcomed by respondents and the initial work being done on a UK-wide basis. There was a call for more Ministerial involvement at both a Scottish and UK level. There was also a request for more detail on how SG is making local authorities aware of their obligations under UNCRC (see line 10 below). SG will: Develop an interim report on UNCRC implementation in Scotland for publication summer 2011. *[Action area 1 of Do the right thing]* Monitor and report on progress against each of the actions identified in Do the right thing. [Action 1] Represent Scottish interests at quarterly UKUNCRC meetings to help ensure regular monitoring and co-ordination of efforts to better implement the Convention. [Action 1]
6	National plan of action [A4]	Concluding Observations 15. The Committee encourages the State party to adopt comprehensive plans of action for the implementation of the Convention in all parts of the State party, in cooperation with the public and private sectors involved in the promotion and protection of children's rights and based on a child right approach. In doing so, the State party should take into account the outcome document of the 2002 Special Session of the General Assembly of the United Nations "A World Fit for Children" and its Mid-Term Review in 2007. The Committee also recommends that the State party ensure adequate budget allocations and follow-up and evaluation mechanisms for the full implementation of the plans of action to regularly assess progress achieved and identify possible deficiencies. These plans should pay special attention to children belonging to the most vulnerable groups.	Do the right thing and this annex constitutes the Scottish Government's plan of action for implementation of the UNCRC in Scotland. It was consulted on in draft between December 2008 and March 2009 through a written consultation exercise; a series of events run by Young Scot to elicit the views of children and young people; and 4 seminars for professionals working for and with children. Responses to the consultation welcomed the opportunity to comment on the draft plan of action both in writing and through the seminars. It was agreed that it would not be possible for SG to take action in all areas at once and that priorities should be identified. The development of a UK-wide plan of action was also welcomed. This was not a major issue for the children and young people consulted. Only one young person identified it as being the most important issue for Scotland. Do the right thing sets out the Scottish Government's priorities for action over the next 5 years and also highlights those issues/concerns to be addressed in the medium term, ie once action on initial priorities has been completed or work has reduced because good progress has been made. It also sets out the SG rationale for taking no action in areas highlighted through consultation as a concern warranting early action. Do the right thing is in keeping with existing SG initiatives and priorities, such as the Getting it right for every child ( GIRFEC) programme which is fully consistent with the UNCRC and the Early Years Framework, the starting point of which is about giving all our children the best start in life. The priority issues and significant revision of the draft consultation paper into this annex follow extensive consultation. The work identified for both the short and medium term is very much in keeping with the SG commitments to the UNCRC and to improving outcomes for all children and young people in Scotland. SG is also committed to ensuring that the key principles and objectives of A World Fit for Children are a reality for all children and young people in Scotland. Do the right thing also responds to paras 18 and 28-36 of General Comment 5 which call for a comprehensive review of domestic legislation and related guidance and the development of a national strategy rooted in the Convention. It constitutes the start of an on-going process to promote and support the rights of children in Scotland. SG officials are also working with counterparts from across the UK on a UK-wide plan of action. The format and focus of that plan of action have yet to be agreed. SG will: Take forward the priority areas for action identified in Do the right thing. As set out in 5 above, SG will also monitor and report of the progress made. [Action 1 ] Work with officials in the UK Government and Devolved Administrations to develop a UK-wide plan of action. [Action 1] Represent Scottish interests at quarterly UKUNCRC meetings to help ensure regular monitoring and co-ordination of efforts to better implement the Convention. [Action 1]
7	Independent human rights institution, with responsibility for promoting and protecting children's rights [A4]	Concluding Observations 17. The Committee recommends that the State party ensure that all four established Commissioners are independent in compliance with the Paris Principles and mandated, inter alia, to receive and investigate complaints from or on behalf of children concerning violations of their rights. These bodies should be equipped with the necessary human and financial resources in order to carry out their mandate in an effective and coordinated manner so that the rights of all children in all parts of the State party are safeguarded. In this regard, the Committee draws the attention of the State party to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. Domestic Concerns SG should disseminate accessible information and child friendly guidance on the roles of the different independent human rights institutions in Scotland, at the same time promoting human rights in positive, enlightened ways; Role of Scottish Parliament must be to ensure that SCCYP and other Human Rights Commissions / Commissioners are adequately resourced to perform their statutory duties, and must not be subject to interference that might compromise their independence; Scottish Parliament should ensure that the remit of SCCYP complies with the Paris Principles SG should ensure Commissioner is compliant with the Paris Principles. SG should ensure Commissioner is accountable to the Scottish Parliament. SG should allow Commissioner to exercise their functions with respect to the children in Scotland regardless of the subject matter. Commissioner's remit should be extended to allow her to require a response within a specific time frame and to require the production of documents outwith the scope of a formal investigation.	The Scottish Commissioner is fully independent of the Scottish Government and accountable to the Scottish Parliament. They are able to establish their own work plans and priorities and to carry out formal investigations (although not to investigate individual cases/complaints). Resources for the Commissioner and their office are agreed annually between the Commissioner and the Scottish Parliament. The Scottish Parliament established an ad hoc Committee (the " RSSB Committee") to review the bodies for which it is responsible during the first half of 2009. This was in response to a call from the Scottish Government for a reduction in the number of scrutiny bodies in Scotland. The Scottish Parliament Corporate Body recommended to the review that the role of Children's Commissioner be merged with that of the Scottish Commission for Human Rights within a single, new "rights body". There was unanimous support in written responses that commented on this issue for the retention of a stand-alone Children's Commissioner (this message also came out strongly from the consultation seminars) and calls for the Scottish Government to support that position. Concerns about the possible merger centred on the dilution of focus on children and the UNCRC and the loss of a strong voice for children. Some respondents argued for the Commissioner to be given additional powers, eg a mandate to investigate individual complaints. At the end of May 2009, the RSSB Committee published the findings of its review. It concluded that the two rights bodies should remain separate and made a number of recommendations, including the need for increased parliamentary scrutiny. It is expected that a Committee Bill to effect the Committee's recommendations will be introduced to Parliament in the autumn. In June 2009, the Scottish Government published its Public Services Reform Bill. It contains a proposal to give Ministers the power, subject to certain pre-conditions, to seek Parliament's approval for a legislative change to modify, transfer, add to or abolish the existing functions of a number of public bodies, including the Children's Commissioner. SG will: Consider Stage 2 amendments to the Public Services Reform Bill in the light of Parliament's consideration of the RSSB Committee report. Engage with the Parliament to help ensure that the rights of children will be promoted and supported effectively whatever decisions are taken about the future structures, powers and governance of SCCYP. Maintain regular contact with the Commissioner at both Ministerial and official level.
8	Allocation of resources [A4]	Concluding Observations 19. The Committee recommends that the State party, in accordance with article 4 of the Convention, allocate the maximum extent of available resources for the implementation of children's rights, with a special focus on eradicating poverty and reduce inequalities across all jurisdictions. In this endeavour, the State party should take into account the Committee's recommendations issued after the Day of General Discussion devoted to "Resources for the Rights of the Child - Responsibility of States" on 21 September 2007. Domestic Concerns Ensure that disaggregated data is collected on all persons under 18 for all areas covered by UNCRC as well as undertaking sectoral budgetary scrutiny and analysis of resources expended on persons under 18. Publish annual reports containing disaggregated data and budgetary information for public and parliamentary debate. SG should be required to identify their spending on children. SG should evaluate the impact of their spending on children. SG should end the use of short term funding for children's services SG should ensure there is transparent analysis of the way in which resources are allocated. SG should monitor new local government funding arrangements and take account of the Governments obligations under the UNCRC - particular article 4	It has traditionally proved difficult to collect data to the detailed level requested by the UN Committee and to link the data that is available directly to UNCRC requirements. For example, it is not possible to split out spending on children from adults on services such as GPs which are community based. Much of the data we do have comes from local authorities - the shift to the National Performance Framework and National Outcomes will mean a shift in what is collected. Local authorities will continue to provide information required by statute and what is required to monitor progress towards delivering outcomes as part of their Single Outcome Agreement ( SOA). Consultation responses acknowledged this new landscape but argued that it was essential that more effort is made by both national and local government to identify spending on children and young people, in particular those who are vulnerable or disadvantaged such as children with disabilities. It was suggested that SG should make the budget process more accessible enabling children and young people to have an input to setting budgets and monitoring spend. The Scottish Government acknowledges these concerns, but has no plans to collect data outwith SOAs etc, as has been agreed with COSLA and local authorities. While we will still collect some information on inputs (such as teacher numbers, number of social workers etc) the focus on outcomes means that SG will no longer collect input data, including the amount of spend on specific issues. We do not believe that input measures are an appropriate mechanism through which to establish the impact of policies on service users, eg a fall in spending could be a result of doing things better or reduced demand could be a "good thing" eg reduced need for secure accommodation. SG will: Consider what sources/methods can be used for gathering relevant information and monitoring progress in a way that is consistent with the Scottish public sector context. [Action 1] Continue to contribute to the work commissioned by the Equality and Human Rights Commission to develop a series of indicators to inform a UK-wide children's equality measurement framework, ensuring the Scottish context is understood and reflected. [Action 1]
9	Children's Rights Impact Assessment [A42]	Concluding Observations 19. Child rights impact assessment ( CRIA) should be regularly conducted to evaluate how the allocation of budget is proportionate to the realization of policy developments and the implementation of legislation. Domestic Concerns SG should carry out children's rights impact assessments ( CRIAs) of all legislative and policy developments that affect children.	The SCCYP impact assessment model has already been used by some Scottish Government officials. Experience suggests (eg with the roll-out of equality impact assessment) that there may well be reluctance/ resistance to using the tool across Scottish Government. The Children's Rights Team does not have the resources to offer an impact assessment service. Respondents welcomed the use of CRIAs and called on the Scottish Government, local authorities and others to use them as a matter of course in future. SG will: Continue to work with colleagues across government to highlight the links between children's rights and key Scottish Government policies. [Action 2] Develop a network of children's rights champions across Scottish Government. [Action 2] Look at the experience of those who have used the SCCYP tool and consider whether/how we should adapt the SCCYP model to make it relevant and appropriate for wider use. [Action 2] Consider a trial of children's rights impact assessment in a section of Scottish Government to see how it can help promote and develop a consideration of children's rights in the policy making process . [Action 2]
10	Dissemination of CRC [A42]	Concluding Observations 21. The Committee recommends that the State party further strengthen its efforts, to ensure that all of the provisions of the Convention are widely known and understood by adults and children alike, Domestic Concerns SG should develop and resource a comprehensive strategy for disseminating knowledge on human rights with particular emphasis on UNCRC and ECHR throughout Scotland; SG must take steps to raise awareness of the Convention and produce accessible information about children's rights.	Neither the UK or Scottish Government's are under a statutory duty to disseminate information about the Convention and until recently little has been done. As a result there is very limited knowledge of the UNCRC amongst Scottish children, parents or general public. The Scottish Government has started work in this area by making all SG publications on the 2007-08 reporting process widely available and through preparation of children and young people's versions, including of the Concluding Observations themselves. Scottish Government also worked with SCCYP to produce a booklet and poster for children and young people on their rights and the UNCRC. Respondents acknowledged the Scottish Government's recent work in this area, but cautioned that ongoing work was still required. For example, of the children and young people consulted many had heard of children's rights in general but awareness of UNCRC was low. Most though said that they would be keen to learn more about rights. It is important to ensure that children and young people are aware of their rights in the full range of settings - low awareness in hospital/health settings was identified as a particular concern. A number of respondents suggested that the Scottish Government should take a strategic approach to this work in partnership with other governments in the UK, local authorities, SCCYP, the Equality and Human Rights Commission, Scottish Human Rights Commission and other stakeholders and involving an evaluation of progress. A joined up approach is necessary to promote positive portrayals of human rights. It was pointed out that national promotion would be more effective if supported by other activities such as incorporation of the UNCRC in the school curriculum and professional training. It was also suggested that parents' understanding of rights could be improved by providing real life examples of where children's rights have promoted the well-being of the child and the family. SG will: Take forward the existing wide ranging programme of awareness raising activities (developed and agreed with partners) aimed at promoting awareness of the UNCRC, the concluding observations and children's rights more widely. [Action 3] Work with local government colleagues to consider how they can help promote understanding and awareness of the CRC at local level. [Action 3] Ensure that we make links to human rights more broadly and ECHR in promotional materials and activities. [Action 3]
11	Education about CRC and children's rights [A42]	Concluding Observations 21. Including the Convention in statutory national curriculum and ensure that its principles and values are integrated into the structures and practice of all schools. Domestic Concerns SG should ensure that information on human rights with particular emphasis on UNCRC be incorporated into the Early Years and 5-14 curricula in a meaningful and age appropriate way. SG should support the existing successful initiatives such as UNCRC for Beginners and RRSA with the aim of embedding UNCRC into the school curriculum. SG should ensure the UNCRC forms part of the school curriculum.	There is no statutory school curriculum in Scotland. The Curriculum for Excellence describes a range of experiences and outcomes young people should achieve but does not prescribe specific topics to be taught. The UNCRC is not referenced explicitly in new curriculum guidance, but human rights and UNCRC can be taught as part of the cross-curricular theme of education for citizenship which is an entitlement for all children and young people. Education for citizenship encourages children and young people in Scotland to explore their rights and responsibilities emphasising the key idea that they are 'citizens of today' and not 'citizens in waiting'. This links to the UNCRC which states that children are born with rights. There are many opportunities within various sets of experiences and outcomes to teach about rights in general and the various issues raised in the UNCRC, e.g. social studies, health and wellbeing, religious and moral education. More broadly, the principles and purposes of Curriculum for Excellence place the involvement of children and young people in their learning at the heart of its' development. Pupil/learner voice is also central to Assessment is For Learning, Determined to Succeed and Better Behaviour, Better Learning. Her Majesty's Inspectorate of Education's Journey to Excellence references the direct involvement of children and young people in their learning in 5 of the 10 dimensions described. Learning and Teaching Scotland ( LTS) are in the process of producing information for support and guidance on teaching about rights. This will be placed on the LTS website. LTS are also building a national 'community of practice in participation and pupil voice' to support teachers in developing their practice within the context of Curriculum for Excellence. Respondents to the consultation expressed the view that the Scottish Government should take a much stronger lead in promoting and facilitating the teaching of children's rights in school. Noting that education in schools about rights is neither widespread nor comprehensive, it was argued that learning about rights and the CRC should be integrated and embedded across Curriculum for Excellence and education for citizenship in particular. It was proposed that there be explicit mention of the UNCRC in the experiences and outcomes as well as clear, useable and adaptable materials for teachers. In their comments, children and young people said that teachers were the most influential source of information about rights and the majority of respondents considered school to be the best place to learn about rights. LTS efforts to develop support materials for teachers was welcomed and in turn, to support the use of these materials, teachers themselves need to be educated about children's rights and their meaning in practice. It was noted that it would also be useful to have buy in from groups such as teaching unions and pupil and parent bodies. Feedback from the consultation seminars included the suggestion that children's rights should form part of HMIE inspections, not just as a "tick box" but a real assessment of children's knowledge, understanding and exercise of their rights. SG will: Working with LTS and other relevant partners, consider what more can be done to promote a rights-based ethos within schools. This will build on the good work already being done by, for example, the Children's Parliament and the UNICEF Rights Respecting Schools Award scheme.
12	Professional training about CRC and children's rights [A42]	Concluding Observations 21. It also recommends the reinforcement of adequate and systematic training of all professional groups working for and with children, in particular law enforcement officials, immigration officials, media, teachers, health personnel, social workers and personnel of childcare institutions. Domestic Concerns SG must ensure that there is a single integrated approach to children's rights training, and ensure that such training on the UNCRC is mandatory for all people in Scotland whose work involves children, from the most senior judges and police officers to nursery staff and classroom assistants in all schools, (including those in the independent sector) SG should introduce without delay the UNCRC and other human rights training to the Teacher training curricula. SG should ensure that all those working with children and young people involved in policy development receive training in children's rights.	The UNCRC features in initial training and CPD for many of the major professions working with children e.g. teachers, social workers, nursery staff. However, it is clear it does not always translate effectively into day to day practice. Respondents took the view that the Scottish Government needs to give more emphasis and direction to professional training to secure effective implementation of the UNCRC. Most responses proposed that, if we are to take the UNCRC seriously as a statement of international law, training needs to be mandatory rather than optional and must be for all professionals working with children and CPD should incorporate a requirement to be trained in depth. For example, a particular need was identified for training of health professionals and that the judiciary and officers of the court, particularly defence agents, need to have proper training in children's rights and how to deal with children, if legislation such as the Vulnerable Witnesses (Scotland) Act is to operate as Parliament intended. It was suggested that training should include senior managers including those involved in Community Planning Partnerships. There was also a call for parents to be regarded as para-professionals and co-educators with regard to UNCRC training. In addition, it was suggested that the expertise on children's rights within local authorities (Children's Rights Officers - CROs) is considered as a resource to professional training. The Scottish Government acknowledges the call for mandatory UNCRC training for all relevant professionals but has no plans to introduce mandatory training at this stage. For some groups, such as Children's Reporters and the judiciary, the power/duty to determine training requirements does not lie with central Government. There is however an opportunity for the Children's Rights Team to work with various training bodies/professional groups to encourage them to include more UNCRC training where gaps exist. We have already held initial discussions with external stakeholders to map gaps and set out what we are trying to achieve. We have also had initial discussions with internal policy contacts to gain better understanding of existing policy, context etc. SG will Conclude discussions with professional groups and internal colleagues to identify what training currently exists and what gaps there are and publish the findings of that work. [Action 3] Take forward discussions with training providers and professional groups to see what changes/improvements can be made to current training arrangements. [Action 3] Work with professional groups to identify relevant training materials and make these available online e.g. current work with LTS to support teaching on UNCRC in schools. [Action 3]
13	Cooperation with civil society [A4]	Concluding Observations 23. The Committee recommends that the State party encourage the active and systematic involvement of civil society, including NGOs and associations of children, in the promotion and implementation of children's rights, including, inter alia, their participation in the planning stage of policies and cooperation projects, as well as in the follow-up to the concluding observations of the Committee and the preparation of the next periodic report.	The Scottish Government is fully committed to working with partners to better implement the UNCRC in Scotland and also when we embark upon the next reporting round. Our Partners Group is now well established as a forum for discussion of priorities/activity in this area. Respondents suggested that the Scottish Government should strengthen the language used in the consultation paper in relation to the Partners Group, moving from 'involving' to 'working in partnership'. SG will: Work in partnership with the Partners Group to take forward the actions identified in Do the right thing and in the ongoing development of children's rights activity in Scotland more generally. Set up a working group to generate specific proposals to better involve children and young people in the development and implementation of children's rights policy and practice.

UNCRC Article

2008 Concluding Observations and Domestic Concerns

Scottish Government response

Implementing 2002 Concluding Observations

[A4]

Concluding Observations

7. The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the previous reports that have not yet - or not sufficiently - been implemented as well as those contained in the present concluding observations. In this context, the Committee draws the attention of the State party to its general comment No.5 (2003) on general measures of implementation of the Convention on the Rights of the Child.

Some of the issues raised in the 2002 Concluding Observations have now been addressed and were not raised in 2008.

There was some concern expressed in the consultation that some issues raised in 2002 remain outstanding (and indeed some from 1995). Many of these issues were also raised by the UN Committee in 2008 and are addressed in this response to the 2008 Concluding Observations.

Scottish Government ( SG) will:

Through the Do the right thing publication and this annex set out the action we will take to address the concerns raised by the UN. This response also sets out how SG intends to address General Comment 5.

Economic exploitation, including child labour

[A32]

Child employment

Concluding Observations

9. The Committee encourages the State party to withdraw its reservation to article 32 with respect to the Overseas Territories and Crown Dependencies.

The reservation is a reserved matter and not relevant to Scotland, but this recommendation offers the opportunity to address concerns about the regulation/monitoring of child employment in Scotland. Existing regulation of child employment in Scotland is not well used or effective.

The regulation of child employment in Scotland is currently underpinned by the Children and Young Persons Act 1937, last updated with regulations on maximum working times in 2006.

Concern was expressed in the consultation that the current law is confusing and a public awareness campaign is required to help people understand child employment legislation. More fundamentally it was suggested that the law should be consolidated and modernised to ensure the better protection of children at work and to ensure the law better reflects current working practice.

The Scottish Government acknowledges these comments and concerns and has decided to take forward work in this area in the longer term rather than as an immediate priority.

SG will:

Continue to monitor the regulation of child employment in Scotland. Any action taken will be in partnership with COSLA, local authorities and other stakeholders, including children and young people, to consider what changes may be needed to improve regulation/monitoring. Any proposed changes will need to be proportionate and effective.

Definition of a child

[A1]

Domestic concerns

Different legislation defines a child in different ways in Scotland and this does not fit with that in UNCRC in all cases - it is often 16. Having different ages in different legislation can be confusing.

It would be a significant challenge to either bring the definition of a child into line with UNCRC or to introduce a single legal definition. As set out in the consultation paper, the Scottish Government has no immediate plans to change the definition of a child in Scots Law. We are however concerned about the different levels of support that are available in certain circumstances for those aged under 16 and those aged 16-17.

There was unanimity among consultation respondents that the current situation is confusing and that a single age definition would be preferable although 16 and 18 were both proposed. There was concern that not all 16-18 year olds are able to access the care and support they require and it was suggested that the situation needs to be examined and rationalised. The recent publication by SG of a leaflet prepared by Clan Childlaw setting out the age at which children can do things was welcomed.

SG will

Consider what changes could be made to legislation, policy and practice to ensure effective help and support for all under 18s, whatever age they are.
In the longer term, consider what additional information could be produced to help clarify how a child is defined in Scots Law, eg a definitive legal guide to the various definitions of a child in Scots law.

Incorporation of CRC in domestic legislation

[A4]

Concluding Observations

11. The Committee recommends that the State party continue to take measures to bring its legislation in line with the Convention. To this aim, the State party could take the opportunity given in this regard by the development of a Bill of Rights in Northern Ireland and a British Bill of Rights, and incorporate into them the principles and provisions of the Convention, e.g. by having a special section in these Bills devoted to child rights.

Domestic Concerns

SG should incorporate the UNCRC into domestic law.

While some elements of the UNCRC are in Scots law eg Children (S) Act 1995, Standards in Scotland's Schools Act 2000, Education ( ASL) (S) Acts 2004, many are not.

The consultation paper set out Ministers' view that they were not minded to incorporate the UNCRC into Scots law en bloc. They would rather consider things on an issue by issue basis linked to improving outcomes for children.

There was a clear message from all 3 consultation strands of the importance of incorporation of the UNCRC, with many respondents calling for en bloc incorporation as the most effective means of ensuring that all rights are given equal importance and that children have legal recourse where those rights are not being upheld. It was suggested that a working group be established to look at the compatibility of existing legislation and options for progressing incorporation. There was support for the proposed children's rights statement in SG Bill policy memoranda and a request for more information on the possible duty on SG to promote and raise awareness of UNCRC.

The Scottish Government acknowledges the views expressed but remains committed to issue by issue consideration of UNCRC rather than en bloc incorporation. SG is fully committed to the UNCRC and promoting and supporting the rights of children and to taking forward the actions identified in Do the right thing and this annex.

The UK Government published its Bill of Rights and Responsibilities Green Paper in March 2009. It is currently out for consultation. The Green Paper makes clear that any legislation resulting from it will not be introduced before the next General Election . The UK Government has also indicated that any legislation is unlikely to extend the range of legally enforceable rights beyond those in ECHR and the Human Rights Act.

SG will

Work with those with relevant knowledge and expertise to look at the compatibility of existing Scottish and UK legislation with the UNCRC and look at options for progressing incorporation.
Continue to work with UK Government officials on the Bill of Rights and Responsibilities as it develops to ensure the Scottish perspective is included/respected and in the light of what emerges from this process give detailed consideration to placing a possible duty on SG to promote and raise awareness of UNCRC.

Co-ordination

[A44]

Co-ordination and monitoring

Concluding Observations

13. The Committee reiterates its previous recommendation that the State party ensures effective coordination of the implementation of the Convention throughout the State party, including locally, especially where local authorities have significant powers to determine their priorities and allocate budgets. To this end, the State party - in addition to ensuring that each of the jurisdictions has a well resourced and functioning coordinating body - could allocate responsibility for the coordination and evaluation of the Convention across the State party to a single, high-profile, mechanism.

Domestic Concerns

Assign coordination of implementation of UNCRC to a body with adequate mandate and sufficient resources.

In Scotland, the Children's Rights Team has the lead role for co-ordination of implementation etc. The expansion of the Team in May 2008 has meant additional monitoring and implementation capacity

There is commitment from the UK Government and the Devolved Administrations to hold quarterly discussions at official level in order to maintain regular contact, share learning, experience and good practice and to discuss UK-wide issues. Three such meetings have now been held in England, Wales and Scotland with a fourth to be held in Northern Ireland at the end of September. A meeting of children's Ministers was also held in Cardiff in June 2009.

The role of the Children's Rights team was welcomed by respondents and the initial work being done on a UK-wide basis. There was a call for more Ministerial involvement at both a Scottish and UK level. There was also a request for more detail on how SG is making local authorities aware of their obligations under UNCRC (see line 10 below).

SG will:

Develop an interim report on UNCRC implementation in Scotland for publication summer 2011. [Action area 1 of Do the right thing]
Monitor and report on progress against each of the actions identified in Do the right thing. [Action 1]
Represent Scottish interests at quarterly UKUNCRC meetings to help ensure regular monitoring and co-ordination of efforts to better implement the Convention. [Action 1]

National plan of action

[A4]

Concluding Observations

15. The Committee encourages the State party to adopt comprehensive plans of action for the implementation of the Convention in all parts of the State party, in cooperation with the public and private sectors involved in the promotion and protection of children's rights and based on a child right approach. In doing so, the State party should take into account the outcome document of the 2002 Special Session of the General Assembly of the United Nations "A World Fit for Children" and its Mid-Term Review in 2007. The Committee also recommends that the State party ensure adequate budget allocations and follow-up and evaluation mechanisms for the full implementation of the plans of action to regularly assess progress achieved and identify possible deficiencies. These plans should pay special attention to children belonging to the most vulnerable groups.

Do the right thing and this annex constitutes the Scottish Government's plan of action for implementation of the UNCRC in Scotland. It was consulted on in draft between December 2008 and March 2009 through a written consultation exercise; a series of events run by Young Scot to elicit the views of children and young people; and 4 seminars for professionals working for and with children.

Responses to the consultation welcomed the opportunity to comment on the draft plan of action both in writing and through the seminars. It was agreed that it would not be possible for SG to take action in all areas at once and that priorities should be identified. The development of a UK-wide plan of action was also welcomed.

This was not a major issue for the children and young people consulted. Only one young person identified it as being the most important issue for Scotland.

Do the right thing sets out the Scottish Government's priorities for action over the next 5 years and also highlights those issues/concerns to be addressed in the medium term, ie once action on initial priorities has been completed or work has reduced because good progress has been made. It also sets out the SG rationale for taking no action in areas highlighted through consultation as a concern warranting early action.

Do the right thing is in keeping with existing SG initiatives and priorities, such as the Getting it right for every child ( GIRFEC) programme which is fully consistent with the UNCRC and the Early Years Framework, the starting point of which is about giving all our children the best start in life. The priority issues and significant revision of the draft consultation paper into this annex follow extensive consultation. The work identified for both the short and medium term is very much in keeping with the SG commitments to the UNCRC and to improving outcomes for all children and young people in Scotland. SG is also committed to ensuring that the key principles and objectives of A World Fit for Children are a reality for all children and young people in Scotland.

Do the right thing also responds to paras 18 and 28-36 of General Comment 5 which call for a comprehensive review of domestic legislation and related guidance and the development of a national strategy rooted in the Convention. It constitutes the start of an on-going process to promote and support the rights of children in Scotland.

SG officials are also working with counterparts from across the UK on a UK-wide plan of action. The format and focus of that plan of action have yet to be agreed.

SG will:

Take forward the priority areas for action identified in Do the right thing. As set out in 5 above, SG will also monitor and report of the progress made. [Action 1 ]
Work with officials in the UK Government and Devolved Administrations to develop a UK-wide plan of action. [Action 1]
Represent Scottish interests at quarterly UKUNCRC meetings to help ensure regular monitoring and co-ordination of efforts to better implement the Convention. [Action 1]

Independent human rights institution, with responsibility for promoting and protecting children's rights [A4]

Concluding Observations

17. The Committee recommends that the State party ensure that all four established Commissioners are independent in compliance with the Paris Principles and mandated, inter alia, to receive and investigate complaints from or on behalf of children concerning violations of their rights. These bodies should be equipped with the necessary human and financial resources in order to carry out their mandate in an effective and coordinated manner so that the rights of all children in all parts of the State party are safeguarded. In this regard, the Committee draws the attention of the State party to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child.

Domestic Concerns

SG should disseminate accessible information and child friendly guidance on the roles of the different independent human rights institutions in Scotland, at the same time promoting human rights in positive, enlightened ways;
Role of Scottish Parliament must be to ensure that SCCYP and other Human Rights Commissions / Commissioners are adequately resourced to perform their statutory duties, and must not be subject to interference that might compromise their independence;
Scottish Parliament should ensure that the remit of SCCYP complies with the Paris Principles
SG should ensure Commissioner is compliant with the Paris Principles.
SG should ensure Commissioner is accountable to the Scottish Parliament.
SG should allow Commissioner to exercise their functions with respect to the children in Scotland regardless of the subject matter.
Commissioner's remit should be extended to allow her to require a response within a specific time frame and to require the production of documents outwith the scope of a formal investigation.

The Scottish Commissioner is fully independent of the Scottish Government and accountable to the Scottish Parliament. They are able to establish their own work plans and priorities and to carry out formal investigations (although not to investigate individual cases/complaints). Resources for the Commissioner and their office are agreed annually between the Commissioner and the Scottish Parliament.

The Scottish Parliament established an ad hoc Committee (the " RSSB Committee") to review the bodies for which it is responsible during the first half of 2009. This was in response to a call from the Scottish Government for a reduction in the number of scrutiny bodies in Scotland. The Scottish Parliament Corporate Body recommended to the review that the role of Children's Commissioner be merged with that of the Scottish Commission for Human Rights within a single, new "rights body".

There was unanimous support in written responses that commented on this issue for the retention of a stand-alone Children's Commissioner (this message also came out strongly from the consultation seminars) and calls for the Scottish Government to support that position. Concerns about the possible merger centred on the dilution of focus on children and the UNCRC and the loss of a strong voice for children. Some respondents argued for the Commissioner to be given additional powers, eg a mandate to investigate individual complaints.

At the end of May 2009, the RSSB Committee published the findings of its review. It concluded that the two rights bodies should remain separate and made a number of recommendations, including the need for increased parliamentary scrutiny. It is expected that a Committee Bill to effect the Committee's recommendations will be introduced to Parliament in the autumn.

In June 2009, the Scottish Government published its Public Services Reform Bill. It contains a proposal to give Ministers the power, subject to certain pre-conditions, to seek Parliament's approval for a legislative change to modify, transfer, add to or abolish the existing functions of a number of public bodies, including the Children's Commissioner.

SG will:

Consider Stage 2 amendments to the Public Services Reform Bill in the light of Parliament's consideration of the RSSB Committee report.
Engage with the Parliament to help ensure that the rights of children will be promoted and supported effectively whatever decisions are taken about the future structures, powers and governance of SCCYP.
Maintain regular contact with the Commissioner at both Ministerial and official level.

Allocation of resources [A4]

Concluding Observations

19. The Committee recommends that the State party, in accordance with article 4 of the Convention, allocate the maximum extent of available resources for the implementation of children's rights, with a special focus on eradicating poverty and reduce inequalities across all jurisdictions. In this endeavour, the State party should take into account the Committee's recommendations issued after the Day of General Discussion devoted to "Resources for the Rights of the Child - Responsibility of States" on 21 September 2007.

Domestic Concerns

Ensure that disaggregated data is collected on all persons under 18 for all areas covered by UNCRC as well as undertaking sectoral budgetary scrutiny and analysis of resources expended on persons under 18.
Publish annual reports containing disaggregated data and budgetary information for public and parliamentary debate.
SG should be required to identify their spending on children.
SG should evaluate the impact of their spending on children.
SG should end the use of short term funding for children's services
SG should ensure there is transparent analysis of the way in which resources are allocated.
SG should monitor new local government funding arrangements and take account of the Governments obligations under the UNCRC - particular article 4

It has traditionally proved difficult to collect data to the detailed level requested by the UN Committee and to link the data that is available directly to UNCRC requirements. For example, it is not possible to split out spending on children from adults on services such as GPs which are community based.

Much of the data we do have comes from local authorities - the shift to the National Performance Framework and National Outcomes will mean a shift in what is collected. Local authorities will continue to provide information required by statute and what is required to monitor progress towards delivering outcomes as part of their Single Outcome Agreement ( SOA).

Consultation responses acknowledged this new landscape but argued that it was essential that more effort is made by both national and local government to identify spending on children and young people, in particular those who are vulnerable or disadvantaged such as children with disabilities. It was suggested that SG should make the budget process more accessible enabling children and young people to have an input to setting budgets and monitoring spend.

The Scottish Government acknowledges these concerns, but has no plans to collect data outwith SOAs etc, as has been agreed with COSLA and local authorities. While we will still collect some information on inputs (such as teacher numbers, number of social workers etc) the focus on outcomes means that SG will no longer collect input data, including the amount of spend on specific issues. We do not believe that input measures are an appropriate mechanism through which to establish the impact of policies on service users, eg a fall in spending could be a result of doing things better or reduced demand could be a "good thing" eg reduced need for secure accommodation.

SG will:

Consider what sources/methods can be used for gathering relevant information and monitoring progress in a way that is consistent with the Scottish public sector context. [Action 1]
Continue to contribute to the work commissioned by the Equality and Human Rights Commission to develop a series of indicators to inform a UK-wide children's equality measurement framework, ensuring the Scottish context is understood and reflected. [Action 1]

Children's Rights Impact Assessment

[A42]

Concluding Observations

19. Child rights impact assessment ( CRIA) should be regularly conducted to evaluate how the allocation of budget is proportionate to the realization of policy developments and the implementation of legislation.

Domestic Concerns

SG should carry out children's rights impact assessments ( CRIAs) of all legislative and policy developments that affect children.

The SCCYP impact assessment model has already been used by some Scottish Government officials. Experience suggests (eg with the roll-out of equality impact assessment) that there may well be reluctance/ resistance to using the tool across Scottish Government. The Children's Rights Team does not have the resources to offer an impact assessment service.

Respondents welcomed the use of CRIAs and called on the Scottish Government, local authorities and others to use them as a matter of course in future.

SG will:

Continue to work with colleagues across government to highlight the links between children's rights and key Scottish Government policies. [Action 2]
Develop a network of children's rights champions across Scottish Government. [Action 2]
Look at the experience of those who have used the SCCYP tool and consider whether/how we should adapt the SCCYP model to make it relevant and appropriate for wider use. [Action 2]
Consider a trial of children's rights impact assessment in a section of Scottish Government to see how it can help promote and develop a consideration of children's rights in the policy making process . [Action 2]

Dissemination of CRC

[A42]

Concluding Observations

21. The Committee recommends that the State party further strengthen its efforts, to ensure that all of the provisions of the Convention are widely known and understood by adults and children alike,

Domestic Concerns

SG should develop and resource a comprehensive strategy for disseminating knowledge on human rights with particular emphasis on UNCRC and ECHR throughout Scotland;
SG must take steps to raise awareness of the Convention and produce accessible information about children's rights.

Neither the UK or Scottish Government's are under a statutory duty to disseminate information about the Convention and until recently little has been done. As a result there is very limited knowledge of the UNCRC amongst Scottish children, parents or general public.

The Scottish Government has started work in this area by making all SG publications on the 2007-08 reporting process widely available and through preparation of children and young people's versions, including of the Concluding Observations themselves. Scottish Government also worked with SCCYP to produce a booklet and poster for children and young people on their rights and the UNCRC.

Respondents acknowledged the Scottish Government's recent work in this area, but cautioned that ongoing work was still required. For example, of the children and young people consulted many had heard of children's rights in general but awareness of UNCRC was low. Most though said that they would be keen to learn more about rights. It is important to ensure that children and young people are aware of their rights in the full range of settings - low awareness in hospital/health settings was identified as a particular concern.

A number of respondents suggested that the Scottish Government should take a strategic approach to this work in partnership with other governments in the UK, local authorities, SCCYP, the Equality and Human Rights Commission, Scottish Human Rights Commission and other stakeholders and involving an evaluation of progress. A joined up approach is necessary to promote positive portrayals of human rights. It was pointed out that national promotion would be more effective if supported by other activities such as incorporation of the UNCRC in the school curriculum and professional training. It was also suggested that parents' understanding of rights could be improved by providing real life examples of where children's rights have promoted the well-being of the child and the family.

SG will:

Take forward the existing wide ranging programme of awareness raising activities (developed and agreed with partners) aimed at promoting awareness of the UNCRC, the concluding observations and children's rights more widely. [Action 3]
Work with local government colleagues to consider how they can help promote understanding and awareness of the CRC at local level. [Action 3]
Ensure that we make links to human rights more broadly and ECHR in promotional materials and activities. [Action 3]

Education about CRC and children's rights

[A42]

Concluding Observations

21. Including the Convention in statutory national curriculum and ensure that its principles and values are integrated into the structures and practice of all schools.

Domestic Concerns

SG should ensure that information on human rights with particular emphasis on UNCRC be incorporated into the Early Years and 5-14 curricula in a meaningful and age appropriate way.
SG should support the existing successful initiatives such as UNCRC for Beginners and RRSA with the aim of embedding UNCRC into the school curriculum.
SG should ensure the UNCRC forms part of the school curriculum.

There is no statutory school curriculum in Scotland. The Curriculum for Excellence describes a range of experiences and outcomes young people should achieve but does not prescribe specific topics to be taught.

The UNCRC is not referenced explicitly in new curriculum guidance, but human rights and UNCRC can be taught as part of the cross-curricular theme of education for citizenship which is an entitlement for all children and young people. Education for citizenship encourages children and young people in Scotland to explore their rights and responsibilities emphasising the key idea that they are 'citizens of today' and not 'citizens in waiting'. This links to the UNCRC which states that children are born with rights.

There are many opportunities within various sets of experiences and outcomes to teach about rights in general and the various issues raised in the UNCRC, e.g. social studies, health and wellbeing, religious and moral education.

More broadly, the principles and purposes of Curriculum for Excellence place the involvement of children and young people in their learning at the heart of its' development. Pupil/learner voice is also central to Assessment is For Learning, Determined to Succeed and Better Behaviour, Better Learning. Her Majesty's Inspectorate of Education's Journey to Excellence references the direct involvement of children and young people in their learning in 5 of the 10 dimensions described.

Learning and Teaching Scotland ( LTS) are in the process of producing information for support and guidance on teaching about rights. This will be placed on the LTS website. LTS are also building a national 'community of practice in participation and pupil voice' to support teachers in developing their practice within the context of Curriculum for Excellence.

Respondents to the consultation expressed the view that the Scottish Government should take a much stronger lead in promoting and facilitating the teaching of children's rights in school. Noting that education in schools about rights is neither widespread nor comprehensive, it was argued that learning about rights and the CRC should be integrated and embedded across Curriculum for Excellence and education for citizenship in particular. It was proposed that there be explicit mention of the UNCRC in the experiences and outcomes as well as clear, useable and adaptable materials for teachers. In their comments, children and young people said that teachers were the most influential source of information about rights and the majority of respondents considered school to be the best place to learn about rights.

LTS efforts to develop support materials for teachers was welcomed and in turn, to support the use of these materials, teachers themselves need to be educated about children's rights and their meaning in practice. It was noted that it would also be useful to have buy in from groups such as teaching unions and pupil and parent bodies.

Feedback from the consultation seminars included the suggestion that children's rights should form part of HMIE inspections, not just as a "tick box" but a real assessment of children's knowledge, understanding and exercise of their rights.

SG will:

Working with LTS and other relevant partners, consider what more can be done to promote a rights-based ethos within schools. This will build on the good work already being done by, for example, the Children's Parliament and the UNICEF Rights Respecting Schools Award scheme.

Professional training about CRC and children's rights

[A42]

Concluding Observations

21. It also recommends the reinforcement of adequate and systematic training of all professional groups working for and with children, in particular law enforcement officials, immigration officials, media, teachers, health personnel, social workers and personnel of childcare institutions.

Domestic Concerns

SG must ensure that there is a single integrated approach to children's rights training, and ensure that such training on the UNCRC is mandatory for all people in Scotland whose work involves children, from the most senior judges and police officers to nursery staff and classroom assistants in all schools, (including those in the independent sector)
SG should introduce without delay the UNCRC and other human rights training to the Teacher training curricula.
SG should ensure that all those working with children and young people involved in policy development receive training in children's rights.

The UNCRC features in initial training and CPD for many of the major professions working with children e.g. teachers, social workers, nursery staff. However, it is clear it does not always translate effectively into day to day practice.

Respondents took the view that the Scottish Government needs to give more emphasis and direction to professional training to secure effective implementation of the UNCRC. Most responses proposed that, if we are to take the UNCRC seriously as a statement of international law, training needs to be mandatory rather than optional and must be for all professionals working with children and CPD should incorporate a requirement to be trained in depth. For example, a particular need was identified for training of health professionals and that the judiciary and officers of the court, particularly defence agents, need to have proper training in children's rights and how to deal with children, if legislation such as the Vulnerable Witnesses (Scotland) Act is to operate as Parliament intended. It was suggested that training should include senior managers including those involved in Community Planning Partnerships.

There was also a call for parents to be regarded as para-professionals and co-educators with regard to UNCRC training. In addition, it was suggested that the expertise on children's rights within local authorities (Children's Rights Officers - CROs) is considered as a resource to professional training.

The Scottish Government acknowledges the call for mandatory UNCRC training for all relevant professionals but has no plans to introduce mandatory training at this stage. For some groups, such as Children's Reporters and the judiciary, the power/duty to determine training requirements does not lie with central Government.

There is however an opportunity for the Children's Rights Team to work with various training bodies/professional groups to encourage them to include more UNCRC training where gaps exist. We have already held initial discussions with external stakeholders to map gaps and set out what we are trying to achieve. We have also had initial discussions with internal policy contacts to gain better understanding of existing policy, context etc.

SG will

Conclude discussions with professional groups and internal colleagues to identify what training currently exists and what gaps there are and publish the findings of that work. [Action 3]
Take forward discussions with training providers and professional groups to see what changes/improvements can be made to current training arrangements. [Action 3]
Work with professional groups to identify relevant training materials and make these available online e.g. current work with LTS to support teaching on UNCRC in schools. [Action 3]

Cooperation with civil society

[A4]

Concluding Observations

23. The Committee recommends that the State party encourage the active and systematic involvement of civil society, including NGOs and associations of children, in the promotion and implementation of children's rights, including, inter alia, their participation in the planning stage of policies and cooperation projects, as well as in the follow-up to the concluding observations of the Committee and the preparation of the next periodic report.

The Scottish Government is fully committed to working with partners to better implement the UNCRC in Scotland and also when we embark upon the next reporting round.

Our Partners Group is now well established as a forum for discussion of priorities/activity in this area.

Respondents suggested that the Scottish Government should strengthen the language used in the consultation paper in relation to the Partners Group, moving from 'involving' to 'working in partnership'.

SG will:

Work in partnership with the Partners Group to take forward the actions identified in Do the right thing and in the ongoing development of children's rights activity in Scotland more generally.
Set up a working group to generate specific proposals to better involve children and young people in the development and implementation of children's rights policy and practice.

Page updated: Wednesday, November 18, 2009

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