The United Nations Convention on the Rights of the Child (UNCRC)

Content Index

• What is the UNCRC and what does this mean for Renfrewshire HSCP?​
• UNCRC in Scotland
• What does this mean for Renfrewshire HSCP and our partner organisations?
• What does this mean for Renfrewshire IJB, and the IJB members?
• Participation​
• Child Friendly Complaints Procedures​
• Child Friendly Communications​
• Advocacy​
• Equity, Fairness and Rights Impact Assessment​
• Children's Rights in Renfrewshire Report​​
• Resources​
• Renfrewshire HSCP Service Approach to implementation​

What is the UNCRC and what does this mean for Renfrewshire HSCP?​

The United Nations Convention on the Rights of the Child (UNCRC) sets out the fundamental rights for children. It's a complete statement of children's rights and outlines the civil, political, economic, social, and cultural rights that all children are entitled to. ​

These rights can be categorised as:​

• survival rights​

• protection rights​

• developmental rights​

• participation rights​

The UNCRC is the most widely ratified treaty in the world. The 54 articles cover all aspects of a child's life and consider the best interests of children.​

See the video below for a summary

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The rights are:​

• Universal: everyone under the age of 18 has rights under the UNCRC​

• Unconditional: rights are automatic - they are not 'earned'​

• Inalienable: rights cannot be given or taken away​

• Inherent: rights are permanent​

• Indivisible: children's rights are dependent on each other for their effectiveness. You cannot pick and choose rights - you must uphold them all

UNCRC in Scotland

In July 2024, The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (UNCRC) was introduced into Scots law.​

The Act aims to ensure that:​

• Children's rights are respected and protected in the law in Scotland​

• Public authorities are legally required to respect and protect children's rights in the work they do​

The ambition is to deliver a proactive culture of everyday accountability for children's rights across public services in Scotland. ​

• Public bodies in Scotland must take proactive steps to ensure the protection of children's rights in their decision-making and service delivery.   It is unlawful for public bodies to act incompatibly with the UNCRC requirements ​

• The Act gives children and young people access to the courts if they feel their rights have been breached.​

What does this mean for Renfrewshire HSCP and our partner organisations?

We need to make sure that everyone knows what children's rights are and that we recognise, respect, support and promote them. We'll make sure we incorporate the following key features:​

• Make sure the voice and lived experience of children and young people informs our planning and delivery of public services and how our services help realise children's rights​

• Carry out Equality Fairness and Rights Impact assessments (CRWIA) when a new strategy, policy is being developed, or when there is a change in public services planned​

• Publish a Children's Rights Reports every 3 years to communicate how we are complying with out duties under the Act​

• Ensure that all children and young people know about their rights​

• Develop a child friendly complaints procedure​​

Our partner organisations are also on a similar journey to us to ensure that children's rights are considered where relevant, and that any council and board reporting reflects this.​

What does this mean for Renfrewshire IJB, and the IJB members?

UNCRC applies to the partnership and the IJB members are no different.

The improvement service have created specific guidance aimed at IJB's and their elected members.

Participation​

The Participation - Decision-Making Guidance sets out how we should involve children and young people in decision making. Listening to the voice of children is important and we aim to embed a culture of participation that gives all children a voice and ensure their views and opinions can influence decisions we make that affect them and their daily lives.​

We'll continue to make sure that children have the chance to be actively involved. We will listen to their opinions, concerns and views, to ensure that we provide services that meet their needs and improve the way we work.​

This is done by working with a range of groups such as:​

• Childrens Planning Partnership​

• The Promise Board

Child Friendly Complaints Procedures​

Children have the right to express their views and to be listened to by the adult professionals making decisions that affect them and their life. If things go wrong they have the right to make a complaint, either on their own, or with the help of a relative, friend or an advocate.​

The following principles underpin how we'll handle and investigate complaints from or involving children, in a way that respects their rights under the United Nations Convention on the Rights of the Child (the UNCRC):

Find out how to make a complaint to Renfrewshire HSCP.

For Everyone Under 18​

• a child is defined as anyone under the age of 18.​

• all concerns affecting any child will be handled in a way that meets all of their rights under the UNCRC.​

• this includes concerns raised directly by a child, as well as concerns raised by an adult, either on a child's behalf, or about matters that affect a child.​

Focused on Children's Best Interests​

The best interests of any children affected will be at the heart of the complaints process. This means all decisions made or actions taken will treat the best interests of any children affected as a top priority.

Trusting and Inclusive​

• trust will be placed in children to make decisions they can manage, recognising their increasing ability to make their own choices​

• concerns will be handled in a way that respects the rights of their parent/s, guardian/s or other responsible adult/s to guide and direct them​

• If a child does not wish their parent/s, guardian/s or other responsible adult/s to be made aware of their concerns, their involvement will be decided by carefully weighing the child's views, their best interests, and the rights of everyone involved​

​Centred on Children's Voices​

• children will be given the chance to express their views, feelings and wishes in all matters that affect them​

• children's voices and views will always be listened to, taken seriously, and have real impact​

• children will be asked how they want to communicate and things will be done their way whenever possible​

• informed consent will be sought from the child affected where a concern has been raised by parent/s, guardian/s or other responsible adult/s on behalf of their child.​

​Kind and Supportive​

• children will be treated with kindness and understanding at all times, and they will never be treated differently for raising concerns​

• every effort will be made to ensure children feel comfortable to freely and openly express their thoughts and opinions​

• wherever possible, children will be supported to complain by people they know and trust.

Confidential​​

• nothing a child shares will be passed on without their permission, unless doing so is required to safeguard their wellbeing or investigate a concern.​

• before speaking with any child about a complaint, explanations will be given about when things may need to be passed on without their permission. This will include explaining what happens if they say something that suggests they are at risk​

• if a child's concerns have to be shared, or their parent/s, guardian/s or other responsible adult/s involved, they will be told this, and why this needs to happen​

• if a child's concerns are shared this will be done as far as possible without identifying them​

• where an investigation might mean other people could identify the child, this will be discussed with them for their views on whether they wish to continue.​

​Educational about Rights​

information will be provided to children and any parent/s, guardian/s or other responsible adult/s about their rights under the UNCRC and they'll be helped to understand what this means for them.​

Find out how to make a complaint to Renfrewshire HSCP.

Guidance on child friendly complaints has been created by the Scottish Public Services Ombudsman

Child Friendly Communications​

As part of the self assessment we will undertake a review of our communications alongside our service self assessments, and create any required child friendly communications required following completion of these reviews.

This area will be updated in due course.

Advocacy​

An advocate is a person who can make sure that children's views, wishes and feelings are heard, this can be done by:​

• supporting them at meetings​

• meeting them and listening to them​

• helping them to make a complaint if they are not happy about something or a compliment if they are really happy about something​

• giving them information and advice about their rights​

Find out more about advocacy and how to access and advocate.

Equity, Fairness and Rights Impact Assessment​

Under the UNCRC we must ensure that the best interests of the child are a primary consideration in all actions concerning children. We do this through ensuring that a child-specific impact assessment and monitoring process is in place and in Renfrewshire this is through an Equalities, Fairness and Rights Impact Assessment (EFRIA).​

An EFRIA is completed as part of relevant policy development and is a process through which we identify, research, analyse and record the anticipated impact of any proposed law, policy or measure on children's rights.​

Find out more about our completed EFRIAs​

 Child Rights and Wellbeing Impact Assessment (CRWIA): External Guidance (www.gov.scot)

Children's Rights in Renfrewshire Report​​

Legislative reporting to the Scottish Government is first due by 31 March 2026.  This reporting is every three years thereafter.

We are currently working with our partners to agree the format and assurance process associated with our reporting.  This will be updated in due course.

Resources​

Key resources:​​

• Statutory Guidance​

• Non-statutory guidance to support public authorities and other organisations to take a children's human rights approach.​

• The children's rights guide for senior leaders in public services in Scotland was developed by the Improvement Service and provided an introduction to the UNCRC​

• The Improvement Service has also created a Getting Ready for UNCRC framework for public authorities. ​

• A short animation created by the Scottish Government with Carers Trust Scotland, Parent Network Scotland, Renfrewshire Youth and Partners in Advocacy to support children to understand their rights. It shows a journey through a community and the types of interactions young people might have with public authorities about their rights. ​

• Participation Guidance to support public authorities to engage with children and young people in decision-making. ​

• Children's rights  knowledge hub is an online community of people working to ensure that children's rights are realised in Scotland, with a focus on how public bodies are implementing the UNCRC. The platform is open to all, but users must sign up. It is external to the Scottish Government. ​

• NHS Education 'Introduction to Children's Rights' e-learning module is available on TURAS platform. This platform is open to all, but users must sign up.

Renfrewshire HSCP Service Approach to implementation​

Renfrewshire HSCP will undertake a phased approach to impact assessment and implementation across our services. We will conduct a self-assessment using the UNCRC Framework to assess the relevance and requirements across our services. 

We are aiming to complete self assessments for all services by mid 2025 which means we will be ready for the launch of the legislative reporting to the Scottish Government which is due by 31 March 2026.  This reporting is every three years thereafter.