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What does the law say the Commissioner’s functions are?


Scots law sets out the Commissioner’s functions— the things that he and his office must do.

Protecting and promoting rights

The Commissioner’s main function is to promote and protect the rights of children and young people in Scotland. That includes:

  • everyone in Scotland under 18, and
  • everyone in Scotland under 21 who’s care experienced.

Protecting and promoting rights must involve:

Promoting awareness and understanding

The Commissioner has to tell people in Scotland about the rights children and young people have and help them understand what they mean in practice.

Reviewing law, policy and practice

The Commissioner has to look at what powerful people in Scotland do and the laws they pass, and challenge them when they don’t respect children and young people’s rights.

Promoting best practice

The Commissioner has to tell people who work with and for children and young people how to get better at respecting human rights.

Research

The Commissioner should research issues around children and young people’s human rights and get others to carry out research around this. He should tell people what the research finds.

Investigation

The law gives the Commissioner a special power to investigate some issues affecting children’s human rights. There are limits on when this power of investigation can be used.

Reporting to Parliament

The Commissioner has to report to the Scottish Parliament so they know what he’s doing in his job.

What does the law say the Commissioner has to do when carrying out their functions?

Have regard to the UNCRC

The Commissioner must have regard to the UN Convention on the Rights of the Child, especially around:

Equal opportunities

The Commissioner must encourage equal opportunities and the observance of equal opportunity requirements.

Involving children and young people

The Commissioner must encourage children and young people to be involved in his work. Children and young people should know:

  • what the Commissioner does,
  • how they can talk to the Commissioner, and
  • how the Commissioner will respond to them.

The Commissioner must consult children and young people on the work they plan to do, and must consult organisations who work with children and young people. When they do this, they must pay special attention to groups of children and young people who have no other good way to make their views known.

The Commissioner also has to have a strategy around involving children and young people.

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