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The UNCRC (Incorporation) (Scotland) Act 2024

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The UNCRC (Incorporation) (Scotland) Act 2024

What you need to do

The United Nations Convention on the Rights of the Child (UNCRC) (Incorporation) (Scotland) Act 2024 will require you—as part of NHSScotland—to take decisive steps to integrate children’s rights into every aspect of healthcare. 

This Act makes the UNCRC legally binding, meaning everyone must uphold children’s rights across all practices, policies, and decision-making processes.

The responsibility extends beyond frontline services and applies equally to adult and non-clinical services.

Here’s how you can meet these obligations:

1 | Embed a Rights-Based Approach

Children’s rights must be central to your work. You must prioritise their best interests and recognise them as rights holders with unique needs. All policies and services should align with UNCRC principles.

Ask yourself:

  • Have I considered children's dignity, autonomy, and welfare in this decision?
  • Does this policy respect their health and rights?

Everyday accountability means consistently applying these principles at a strategic level and in daily interactions, no matter how small.

2 | Enable Participation and the Right to Be Heard

Under Article 12 of the UNCRC, you must allow children and young people to participate in healthcare decisions that affect them. This involves adapting communication to ensure understanding and confidence in expressing views.

Key actions:

  • Involve children in care decisions.
  • Provide clear, age-appropriate explanations.

It’s not enough to listen; you must create spaces where their voices influence outcomes.

3 | Ensure Accessibility and Equity

You are now responsible for removing barriers to healthcare for children and young people, especially those facing inequities due to socioeconomic status, disability, or location. Your services must be inclusive, culturally sensitive, and accessible to every child.

  • Are services under your control reaching the most vulnerable?
  • Have you addressed potential gaps in accessibility or fairness?

Every choice you make, from service design to delivery, must promote equity.

4 | Take Responsibility for Everyday Accountability

The Act holds public bodies legally accountable for upholding children’s rights. Young people or advocates can seek legal recourse if their rights are breached, increasing scrutiny on NHS practices.

This requires you to understand the impact services, projects, and policies will have on babies, children, and young people in accordance with the UNCRC and promptly mitigate potential rights breaches.

Ask yourself:

  • How will this policy, service, or interaction impact children’s rights?
  • Do you know the purpose of a Children’s Rights Impact assessment?
  • Do they know who to speak to if they think children's rights are not being upheld for any reason?

It is your role to ensure you talk to your supervisor/relevant lead if you feel that children's rights are not being upheld.

5 | Increase Your Knowledge and Awareness

You must understand the UNCRC to uphold it. Training isn’t just for leadership—it’s for you and every staff member in NHS Scotland.

  • Do you know the rights outlined in the UNCRC?
  • Are you equipped to apply them in your daily role?

Investing time in learning will ensure you can help meet the expectations of this legislation.

To enhance your knowledge about children's rights and the UNCRC in Scotland, access Children’s Rights (UNCRC) | Turas | Learn

6 | Create Child-Friendly Complaints Processes

Every public body must establish a complaints system that children can navigate confidently. Use simple, age-appropriate language and offer multiple ways for children to communicate their concerns.

  • Do you know how children and young people can complain/do you know the process for Health Boards? If not, it will be important for you to find out.
  • Are outcomes clearly explained to them?

Transparency and responsiveness will show children that you value their voices and are committed to acting on their feedback.

The Path Forward: Your Role

The UNCRC Act demands more than policy changes—it requires a cultural shift. It’s up to you to help make children’s rights a reality in every interaction, decision, and service you provide.

The challenge is significant, but so is the opportunity to ensure that every child is treated with dignity, respect, and fairness.

What do you need to do now to help children's rights be realised in Scotland?

The UNCRC (Incorporation) (Scotland) Act 2024

What you need to do