Our office is working to promote and protect the rights of children and young people during the coronavirus pandemic.
Human rights don’t go away in a crisis, but realising them faces new challenges. Rights like the right to food, education and the best health possible still need to be fulfilled, but Scotland needs to take action so this happens for some of the most vulnerable children and young people in society.
Position on wearing face coverings in school
Exams and assessments during 2020/2021
When the SQA consulted around the 2021 appeals process, we raised concerns that their consultation wasn’t accessible to young people and didn’t encourage them to participate. Our own response to the consultation raised human rights concerns with the process.
In April we highlighted that the SQA’s Alternative Certification Model needed to take exceptional circumstances into account, just as they are in years where there isn’t a global pandemic. We also published an FAQ about how to ask for extra support at school.
And currently we’re continuing to highlight the need for these critical changes, sharing the concerns of young people and pointing to where Scottish Government can step in if needed.
More in the Rights questions and answers section
The decision to cancel all 2020’s exams due to the coronavirus pandemic has had an enormous impact on young people’s rights in Scotland.
Since the decision was made in March, our office has raised concerns about how both it and decisions around alternative arrangements have been made.
We raised further concerns following results day, when grades were calculated through use of an unfair statistical model, and have more concerns around assessment plans for 2021.
Independent Children’s Rights Impact Assessment
We worked with the Observatory of Children’s Human Rights Scotland to conduct an Independent Children’s Rights Impact Assessment on how emergency laws and policies around coronavirus have affected children and young people in Scotland.
It’s the largest assessment of its kind to be done anywhere in the world around coronavirus laws and policies.
Our policy work on coronavirus
Emergency legislation passed by the Scottish and UK Governments has a significant effect on human rights protections for Scotland’s children and young people, and we are concerned it disproportionately affects the most vulnerable. Our MSP briefings outline our concerns around legislation as it was presented to the Scottish Parliament.
Our policy work on emergency legislation
Submission to Covid-19 Committee- The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020: The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020
October 2020. Our submission to the Scottish Parliament’s COVID-19 Committee around amendments to the expiry dates of Coronavirus legislation.
MSP Briefing: Coronavirus (Scotland) (No. 2) Bill (Stage 2)
Stage 2 Briefing on this emergency Bill before the Scottish Parliament.
MSP Briefing: Coronavirus (Scotland) (No.2) Bill (Stage 1)
Briefing to MSPs ahead of the Scottish Parliament’s Stage 1 Debate of emergency coronavirus legislation on Wednesday 13 May.
Response: Joint Committee on Human Rights Inquiry into COVID-19
Our response to the Joint Committee on the human rights implications of the government response to the coronavirus pandemic.
Parliamentary Evidence: The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020/The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020
Evidence to House of Lords Covid-19 Committee
August 2020. Evidence to the House of Lords Committee on Covid-19.
Joint letter: Equality and Human Rights and the Coronavirus in Scotland
A joint letter urging a Scottish Parliament Committee to consider an inquiry into the equality and human rights impacts of the response to COVID-19.
MSP Briefing: Coronavirus (Scotland) Bill
MSP Briefing ahead of emergency legislation discussed around measures to combat the Coronavirus pandemic in Scotland.
MSP Briefing: Coronavirus Bill Legislative Consent Memorandum
MSP Briefing on this Legislative Consent Memorandum ahead of it being put before the Scottish Parliament.
Our policy work on reopening schools
Right to Education and School Closures
December 2020.The Commissioner wrote to John Swinney MSP, Cabinet Secretary for Education and Skills on 22 December 2020, outlining the support children will need to ensure their rights are realised while schools are closed to most children.
Return to School Planning: A human rights briefing paper for the Education Recovery Group and other education decision makers
June 2020. Briefing paper providing a human rights framework to guide decision makers when planning children and young people’s return to Scotland’s schools.
Evidence to Education and Skills Committee on school closures, vulnerable children and exam cancellations
Our evidence to the Scottish Parliament’s Education and Skills Committee around the impact measures taken around education are having on children’s human rights.
Other policy work around coronavirus
Submission to the UN Office of the High Commissioner for Human Rights: Protecting and promoting human rights and fundamental freedoms in responding to pandemics and other health emergencies
March 2021. The Commissioner’s submission to the High Commissioner’s office.
UK Commissioners’ Letter to Joint Committee on Vaccination and Immunisation
January 2021. Letter from UK Children’s Commissioners urging the JCVI to include teachers and teaching staff in vaccination priority lists.
High-Level Political Forum input: Sustainable and resilient recovery from the COVID-19 pandemic
December 2020. Our office has submitted a response to a Call for Input from the UN Human Rights Office Report on Child Rights and the Sustainable Development goals.