The role of the United Nations Convention on the Rights of the Child (UNCRC)
The main parts of the UNCRC were brought into force in Scots law from 16 July 2024 by the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (‘2024 Act’). The UNCRC rights brought into force are listed in the schedule to the 2024 Act.
When a party makes a reference or claim, the UNCRC rights may be relied upon in addition to the rights in the Education (Additional Support for Learning)(Scotland) Act 2004 (‘2004 Act’, applicable in references) and those in the Equality Act 2010 (‘the 2010 Act’, applicable in claims).
If you want to rely on the UNCRC in a reference or a claim, please complete the box on the reference/claim form about the UNCRC.
It may be possible to bring a reference or a claim in which an appellant/claimant relies only on the UNCRC. If you wish to do this, please make this clear in the UNCRC box in the reference/claim form, and complete the remainder of the form as far as you can.
If you have a reference or claim already underway, and you wish to rely on the UNCRC as part of your case, please write to the casework team to indicate this [contact details of casework], and they will bring your request to the attention of the legal member or tribunal allocated to your case.
More information on the content of the UNCRC, including a summary of the Convention, can be found on the UNICEF website.
