Overview of legislation

UN Convention on Rights of the Child What is it?

UN Convention is an internationally agreed treaty

Sets out minimum standards and obligations relating to well being of children

Adopted by United Nations in 1989 Contains 54 Articles

Overview of legislation

What does the Convention say? The Convention is often said to underpin 4

key principles

1. Non-Discriminatory – applies to all children

2. Best Interests of the Child – child’s best interests must be primary consideration

3. Survival and Development – every child has the right to life.

4. The Child’s Views – right to be listened to and have his/her views taken into account.

Overview of legislation

The 3 P’s! Articles in the Convention can be separated

into 3 p’s Provision – minimum standards for health care,

education, family life, play etc.eg, Article 24 Protection – rights of children to be safe from

discrimination, exploitation, injustice eg, Article 19

Participation – Article 13 states that children have the right to express what they feel and think – so long as they do not break law etc.

Overview of legislation

Children (Scotland) Act 1995 Based on principles of UN Convention Rights

of the Child Act is divided into 4 main parts

Part 1 – Children, Parents and Guardians – defines the responsibilities of parents and guardians in relation to children

Part 2 – Promotion of Children’s Welfare by Local Authorities, eg, provision of services to children and families including children’s hearings.

Overview of legislation

Children (Scotland) Act 1995 Part 3 – Adoption, makes changes to the law on

adoption – requires the courts to have regard to the child’s views

Part 4 – General Provision – makes general provisions in relation to the Act.

Overview of legislation

Children (Scotland) Act 1995 Principles and themes:

each child has the right to be treated as an individual

each child can form views on matters affecting him/her

each child has the right to be protected from abuse

Overview of legislation

Children (Scotland) Act 1995 In support of these principles, the following 3

themes are present throughout the Act: Welfare Paramount – the welfare of the child is the

most important consideration when his/her needs are being considered by courts

No Order Principle – no court should make an order, eg, supervision requirement, unless it would be better for child to do so

The child’s views must be considered – The child’s views should be taken into account where major decisions are to be made about his or her future.