Written Question · S4W-05894 · Session 4
Further to the answer to question S4W-04106 by Angela Constance on 5 December 2011, what its other reasons are for not incorporating the Co…
The question
To ask the Scottish Executive, further to the answer to question S4W-04106 by Angela Constance on 5 December 2011, what its other reasons are for not incorporating the Convention on the Rights of the Child into Scots law; whether it will clarify the relationship between children’s rights, existing human rights and equalities duties, and what correspondence it has had with public authorities regarding suggestions to extend the due regard duty to local authorities and NHS boards.
The answer
The Scottish Government is already accountable to the Scottish Parliament for executive action to ensure the implementation, within devolved competence, of relevant international obligations, including the United Nations Convention on the Rights of the Child. In order to achieve this, we take steps wherever possible to reflect the principles of the United Nations Convention on the Rights of the Child in policy and legislation.
All of our ongoing activity to give furtherance to the Convention is being delivered within the context of our wider commitment to respect and realise human rights for the people of Scotland.
Human rights are at the heart of the Scotland Act and are universal in nature. Like everyone else in Scotland, children enjoy all of the rights recognised internationally by signatories to the European Convention on Human Rights. The Scottish Government has no power to act in ways that breach Convention rights. Legislation passed by the Scottish Parliament is not law if it is incompatible with those rights. These fundamental protections are entrenched and cannot be modified or removed by either the government or the parliament.
The public sector equality duty in the Equality Act 2010 came into force on 5 April 2011. This duty requires Scottish public authorities to have “due regard” to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations. It covers the relevant protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Through the recent Scottish Government consultation on the proposed Rights of Children and Young People Bill we obtained a range of views, some of which focussed on the potential extension of duties to other public bodies. We are currently considering next steps following that exercise.
All of our ongoing activity to give furtherance to the Convention is being delivered within the context of our wider commitment to respect and realise human rights for the people of Scotland.
Human rights are at the heart of the Scotland Act and are universal in nature. Like everyone else in Scotland, children enjoy all of the rights recognised internationally by signatories to the European Convention on Human Rights. The Scottish Government has no power to act in ways that breach Convention rights. Legislation passed by the Scottish Parliament is not law if it is incompatible with those rights. These fundamental protections are entrenched and cannot be modified or removed by either the government or the parliament.
The public sector equality duty in the Equality Act 2010 came into force on 5 April 2011. This duty requires Scottish public authorities to have “due regard” to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations. It covers the relevant protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Through the recent Scottish Government consultation on the proposed Rights of Children and Young People Bill we obtained a range of views, some of which focussed on the potential extension of duties to other public bodies. We are currently considering next steps following that exercise.
In the Official Report
No contribution in the Official Report cites S4W-05894 by reference.