Together members call for ‘gold standard’ model of UNCRC incorporation

Date: 27th August 2019
Category: Incorporation


In a joint letter to the Minister for Children and Young People, Together and 35 of its members highlight the importance of meeting the international ‘gold standard’ for incorporating the UNCRC into Scots law.    

In the letter, Together’s members welcome the proposal to incorporate the UNCRC into Scots law before the end of this session of parliament in 2021 and reiterate their commitment to working constructively with the Scottish Government during this process. 

Moreover, they emphasise that the Scottish Government should adopt a ‘gold standard’ model for incorporation. This standard requires:

  • Full and direct incorporation of the UNCRC and its Optional Protocols into law.
  • Including a duty on public authorities to comply with the UNCRC and its Optional Protocols.
  • Ensuring the UNCRC is given high priority in the domestic legal system, in particular when in conflict with domestic legislation.

The letter highlights that creating a Scottish suite of children’s rights by amending or redrafting the UNCRC articles would not be direct incorporation and would not meet the international ‘gold standard’ set out above.

The letter suggests that the draft Children’s Rights (Scotland) Bill, drafted by an expert Advisory Group convened by the Children and Young People’s Commissioner Scotland and Together, delivers a gold standard model for Scotland in a way that the members believe is practical and deliverable.

Together and its members look forward to supporting the Scottish Government to make the commitment to UNCRC incorporation a reality for children and young people across Scotland.