Members of the Scottish Parliament’s Equalities, Human Rights & Civil Justice Committee were in for a Halloween treat this morning, as Juliet Harris, Director of Together, presented evidence on behalf of children, young people and our members. The evidence session was the first of two the Committee is holding on the reconsideration of the UNCRC (Incorporation) (Scotland) Bill. This blog takes you through the highlights of the session!

Introducing the UNCRC ‘spider’s web’

As the session began, Juliet introduced the concept of the UNCRC Bill as a spider’s web, woven with the intention of catching all the flies, which represent breaches of children’s rights. This analogy, created with Rights Detectives, Safiyah and Oscar, painted a clear picture of the primary purpose of the Bill – to safeguard and uphold children’s rights across Scotland.

Using props created by Safiyah and Oscar, Juliet explained how the original UNCRC Bill was a strong and sturdy web, ready to trap any flies that dared to come close. By comparison, the amended UNCRC Bill has some gaps. This means that while some flies will still get caught, others will get through.

The Rights Detectives were clear that a spider’s web can still have impact even though it has gaps. They said that the mere existence of a web, despite its imperfections, can scare away the flies. In the same vein, they felt that having the amended UNCRC Bill in place is essential because it will help ensure that adults are continually thinking about their rights and how best to secure them therefore preventing rights breaches from happening in the first place. 

The message from children and young people was clear: they want their rights to be acknowledged and respected, and see the UNCRC Bill as the means to achieve this.

Developing the web over time: a role for Shirley-Anne Spider and the Members of the Spider Parliament (MSPs)

While it has been necessary to narrow the scope of the UNCRC Bill to bring it within the devolved powers, Juliet was clear that the amended Bill remains a crucial step on Scotland’s children’s rights journey. She underlined the gradual and collaborative nature of this journey, drawing parallels to a spider’s web that can be fortified over time.

At this point, members of the Committee were introduced to two new characters  – Shirley-Anne Spider and the Members of the Spider Parliament. Like their spider counterparts, children hope that the Cabinet Secretary for Social Justice and MSPs will work together to make the UNCRC ‘web’ as strong and complete as possible over time.  There will also be a role for spider judges in their spider courts.

Juliet shared views from Arden and Omima (Members of Children’s Parliament) and Beau, Cris, Isla and Olivia (Members of the Scottish Youth Parliament) who similarly acknowledged that fully protecting children’s rights is an ongoing process that “can’t happen overnight” but will take time to get right. Again, children and young people from both parliaments have been clear that passing the UNCRC Bill is the first step, upon which progress can be made over time. 

The bigger picture: realising children’s rights in Scotland

Juliet rebutted concerns that the amendments take away from children’s rights protection. The amended UNCRC Bill, although narrower in scope than the original, does not take anything away from the status quo. In fact, it offers an additional layer of protection for children’s rights in certain areas and will drive positive culture change. She said it was crucial that Scottish Government makes this messaging clear, in addition to improving communication with children, young people and families so they understand how the Bill will work in practice and how to raise concerns about their rights. This point was echoed by others on the Panel – including Nicola Killean, the Commissioner for Children and Young People.

Children and families need to be active participants in this process, and their voices must be heard and understood. Effective communication is the bridge that connects the legal framework of the UNCRC Bill with the lives of the children and families that it aims to protect.

Key asks of Scottish Government

Juliet summarised four key calls from Together’s members as set out in a recent letter to the Cabinet Secretary. These are that Scottish Government should:

1. Set out a clear timetable for legislative review
2. Commit to bringing aspects of UK Acts into Scots law over time (and therefore within the scope of the UNCRC Bill)
3. Minimise the use of Scottish Acts to amend UK Acts (as these amendments would be outwith the scope of UNCRC Bill), instead it should use ‘stand alone’ Scottish Acts (as these would be within scope)
4. Commit to continuing UNCRC Implementation Programme beyond March 2024

Conclusion

The evidence session is a testament to the fact that children and young people’s perspectives matter and that decision makers must provide them with opportunities to express these views in a way that works for them. The spider’s web analogy, developed with the Rights Detectives, beautifully captures the essence of the Bill – a significant step on Scotland’s journey to fully realise children’s rights and one that can be built upon and strengthened over time. Children’s active participation, clear communication, and a commitment to collaboration are some of the key ingredients that will help make the web even stronger.

As Halloween night unfolds, children are waiting for the spiders to get to work!

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