Children’s Rights: Consultation on incorporating the United Nations Convention on the Rights of the Child into our domestic law in Scotland

Page 1 of 7

Closes 28 Aug 2019

Theme 1: Legal mechanisms for incorporating the UNCRC into domestic law

1. Are there particular elements of the framework based on the HRA as described here, that should be included in the model for incorporation of the UNCRC in domestic law?
2. Are there any other aspects that should be included in the framework?
3. Do you agree that the framework for incorporation should include a “duty to comply” with the UNCRC rights?
4. What status, if any, do you think General Comments by the UN Committee on the Rights of the Child and Observations of the Committee on reports made by States party to the UNCRC should be given in our domestic law
5. To what extent to you think other possible aids would provide assistance to the courts in interpreting the UNCRC in domestic law?
6. Do you agree that it is best to push forward now with incorporation of the UNCRC before the development of a Statutory Human Rights Framework for Scotland?
7. We would welcome your views on the model presented by the advisory group convened by the Commissioner for Children and Young People in Scotland and Together (the Scottish Alliance for Children’s Rights).
8. How should the issue of whether particular UNCRC rights are self-executing be dealt with?
9. How could clarity be provided to rights holders and duty bearers under a direct incorporation approach, given the interaction with the Scotland Act 1998?
10. Do you think we are right to reject incorporating the UNCRC solely by making specific changes to domestic legislation?
11. If the transposition model was followed here, how would we best enable people to participate in the time available?
12. What is your preferred model for incorporating the UNCRC into domestic law?