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Your human rights and the ways they should be protected are written down in lots of different documents, so they can be part of international law and guidance. An international human rights instrument is one of these documents― like the UN Convention on the Rights of the Child.
International human rights instruments usually contain:
a list of promises that governments have to keep, and
explanations of how governments can keep these promises
When a State – like the UK – signs up to an instrument like this, it agrees to keep the promises it contains.
The UK Government’s challenge will delay the Bill getting Royal Assent― where the King approves a Bill and so makes it become a law.
The UNCRC Incorporation Bill says it must come into force within six months of receiving Royal Assent. But that doesn’t mean children and young people in Scotland have to wait the full six months: they’ve already waited long enough.
After Royal Assent, the Scottish Government has the power to make the law commence before six months have passed.
Adult duty bearers across Scotland should work to make sure incorporation happens as soon as possible. Nothing about the UK Government’s challenge changes that.
The Scottish Parliament has limited powers, so there are some things it can’t make laws about.
The UK Government believes some parts of the Bill go beyond these powers, and these are the parts it is challenging.
Butit is only challenging these parts, and not the Bill as a whole. On 24th May 2022, the Deputy First Minister said the Scottish Government is looking at the changes that need to be made to the Bill to address the Supreme Court judgment.
It is important people are protected from crime – including crimes committed by children – and that victims are given some remedy.
However, this has to be balanced with the fact that some children in conflict with the law may have experienced difficulties in their childhood – such as poverty, family breakdown or drug and alcohol use –which has led to their behaviour.
Some of them may also be victims themselves.
Where the law says that a child should be punished for their actions in the criminal justice system, this can impact their future. States must recognise children’s vulnerability both as victims and perpetrators of crime.
Children often tell us they’re concerned about the environment, and that it’s not something adults think about enough. As Article 12 of the UNCRC says, this is an opinion which we should listen to and take seriously.
So we’ve agreed to highlight that this is something that matters a lot to them.
What does the Scottish Government say about getting rid of face masks?
how to take proper care of reusable face masks, and
how to get rid of face masks which can’t be used again.
As it says, disposable face coverings and gloves can’t be recycled, so will be more damaging to the environment than reusable alternatives. But if you do use them, you should still make sure to put them in a bin.
There is an important difference in the UNCRC between rights to protection and rights to participation.
Rights to participation are about our ability to make decisions, such as voting or making decisions about medical treatment. For example, the law in Scotland says that under 16s can consent to medical treatment if a doctor believes they understand what the treatment or procedure means.
However, rights to protection exist to protect children from harm. Because punishing children, and treating them as adults when they commit crimes, can be harmful, Article 37 and Article 40 of the UNCRC are both protection rights.
That means that every child should enjoy them until they are 18.
UNCRC Article 37
I have the right not to be punished in a cruel or hurtful way