Judgement expected on UNCRC Incorporation Bill

Date: 1st October 2021
Category: Incorporation


The UK Supreme Court will hand down its judgement on Wednesday 6th October 2021. The Court will give its decision on whether the UNCRC Incorporation Bill goes beyond the powers of the Scottish Parliament.

The Scottish Parliament passed the Bill on 16th March 2021. Once it force, it will make children’s rights under the UNCRC part of the law in Scotland. The First Minister said she wanted to deliver a “revolution in children’s rights” through a Bill that went as far as possible in protecting children’s rights, whilst staying within the powers of the Scottish Parliament.

The UK Government is concerned that parts of the Bill may go beyond the powers of the Scottish Parliament. This is a technical matter relating to constitutional law - it does not relate to the policy intention behind the Bill. In an earlier letter, the UK Government was clear that protecting vulnerable children and protecting children’s rights is a priority it shares with the Scottish Government. The decision follows a two-day hearing which took place on 28-29th June 2021.

We await the decision of the Supreme Court and will update our members with developments. We are planning to publish a blog containing an accessible summary soon after the judgement is released.

Meanwhile, Together will continue to support full implementation of children’s human rights in line with the UK’s existing obligations under the UN Convention on the Rights of the Child.

The judgement will be livestreamed from 9:45am on Wednesday 6th October.