The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill was passed by the Scottish Parliament at Stage 3 on 17 February 2026. The Bill covers two main areas: changes to the law on religious observance in schools, and amendments to the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 that intend to clarify how that Act operates.  

As the Bill passed through Parliament, Together and our members consistently called for children to be given a clear, independent right in law to decide for themselves whether or not to take part in religious observance, in line with Article 14 of the UNCRC. Amendments agreed during scrutiny strengthened the Bill in several respects, including provisions allowing Ministers to introduce regulations in the future that could establish such a right; a clearer distinction between religious observance and religious and moral education; and improved expectations around guidance, monitoring, and reporting.  

However, the Bill as passed does not yet give children equal rights to decide whether or not to take part in religious observance. Children who wish to participate can make that decision independently, whereas children who wish to opt out can only do so with parental permission. As the Bill creates powers for Ministers to address this imbalance through future regulations, Together will continue to press for a clear timeline for exercising those powers to secure proper legal protections for children’s rights.   

The provisions on religious observance have also been drafted in a way that places them outside the scope of the UNCRC Act. As a result, children will not be able to rely directly on that Act to challenge these provisions in court. Together has consistently raised concerns about legislation being framed in ways that place it beyond the Act’s reach, as this limits children’s access to justice and weakens the accountability Parliament intended when it passed the UNCRC Act.  

Part 2 of the Bill makes technical amendments to the UNCRC Act to clarify how the compatibility duty applies where public authorities are required to act under other legislation. Together supported these changes in principle and other amendments to strengthen transparency and oversight when those provisions are relied upon.  

The Bill’s passage marks a step forward, but it is also a missed opportunity. It does not yet ensure that children’s Article 14 rights are fully protected in law, nor does it address the wider pattern of legislation affecting children being passed while drafted outwith the scope of the UNCRC Act.  

Together will continue working with our members, Parliament and Government to secure a clear timetable for ensuring children have equal rights under Article 14, regardless of whether they do or do not want to take part in religious observance. We will also continue to press for future legislation affecting children to be drafted within the scope of the UNCRC Act so that children can rely directly on their rights to seek accountability and redress.  

Watch the Stage 3 debate  

Read our Stage 3 briefing   

Find out more about the Bill