To inform inform its response to the Scottish Government’s consultation on incorporation of the United Nations Convention on the Rightsof the Child (UNCRC), Children in Scotland hosted a children’s rights discussion day with 20 children and young people aged 8 to 21 from across Scotland.
Model of Incorporation
To explain and discuss the different models of incorporation included within the Scottish Government consultation we used the metaphor of a football league and the rules that underpin it. The term ‘rules’ is used to refer to ‘rights’. This section relates to questions 4 to 12 of the consultation paper.
They recognised it would be ‘fair’ for all rights holders if everyone operates under the same system. Using the same rules was perceived as providing
It would be beneficial to use the same model as they would be
“measurable and comparable to other countries.”
If the same model was applied, then it would be
“easier to spot faults”
and to manage. The group felt that there should be an outside body which monitors and is
“able to say if something is wrong.”
Concerns were raised that a country could create rights that would be in their own interest and disadvantage certain groups, suggesting it would be
“easier to manage”
if everything is the same.
“Would have to be over and above UNCRC due to Article 4 – they would be able to do this regardless by having laws over and above the UNCRC.”
“Some parts could be strengthened to make them more appropriate to current times.”