Consultation launched on incorporating the UN Convention on the Rights of the Child

Consultation launched on incorporating the UN Convention on the Rights of the Child

On 28 May the Scottish Government launched a consultation to ask the public how the United Nations Convention on the Rights of the Child should be incorporated into the law in Scotland. 

The Scottish Government has committed to incorporating the international human rights treaty, which sets out the rights every child is entitle to, by 2021 (before the next elections to the Scottish Parliament).  

This year marks 30 years since the UNCRC was adopted in 1989. It has been ratified by every country in the world except the USA. Scotland and the rest of the UK is already obliged to ensure the rights contained in the UNCRC are respected. However campaigners have been calling for its incorporation for many years as a way to strengthen how rights are protected and improve outcomes for children and young people. This is because incorporation would make the rights in the UNCRC more directly part of the law, just as the Human Rights Act 1998 made it easier to enforce the rights in the European Convention on Human Rights in the UK and to make sure public bodies respect those rights.   

 

Keeping brothers and sisters together and in touch is a human rights issue and the UNCRC plays an important role in protecting the rights of siblings as part of the wider right to family life.  

In 2016 the United Nations Committee on the Rights of the Child reported on how the United Kingdom was faring in meeting its UNCRC commitments and among its comments was its concern about:  

 

“Children placed at a distance from their biological families which prevents them from keeping in contact, and siblings being separated from each other without proper reason” and recommended that:  

“Wherever possible find a placement for the child which will facilitate contact with his or her biological parents and siblings” 

Incorporating the UNCRC into Scots law would bolster the law siblings can use to realise their rights. 

You can find out more about UNCRC incorporation on these sites: 

Together (Scottish Alliance for Children’s Rights) 

Commissioner for Children and Young People Scotland 

Scottish Youth Parliament campaign ‘Right Here, Right Now’ 


Make sure you have your say on how the Convention should be incorporated to bring about the best outcomes for children and young people – views should be submitted by 14 
August on the Scottish Government’s Consultation Hub.  

 

Update on the Review of the Children (Scotland) Act 1995/Family law review

Update on the Review of the Children (Scotland) Act 1995/Family law review

In March we heard the exciting news that the Scottish Government plans to improve the law for brothers and sisters in the care system. Minister for Children and Young People Maree Todd MSP later confirmed in an answer to a parliamentary question from Kezia Dugdale MSP that this will be done through the Family Law Bill which is due to be introduced later this year:  

“The Scottish Government is committed to making our care system the best that it can be. We are considering how best to use law and practice to make sure that more children are kept together, either physically, or through the proactive encouragement of contact. 

There are already provisions in the Looked After Children (Scotland) Regulations 2009 which require local authorities to assess sibling relationships and to ensure that brothers and sisters are placed together, or near to each other, where practicable; and we aim to strengthen these legal provisions.

The Scottish Government has now published an analysis of the consultation responses. The individual responses, including that submitted by Stand Up for Siblings, can be found on the Scottish Government Consultation Hub here. 

Lots of the points made by Stand Up for Siblings in our consultation response are highlighted in the Analysis, at section 5 on Contact. Also, our response to question 10 of the consultation – What do you think would strengthen the existing guidance to help a looked after child to keep in touch with other children they have shared family life with? – can be found in Appendix A, including the amendments we suggested to legislation and guidance. 

We look forward to the publication of the Bill!  

STAR celebrates

STAR celebrates

STAR is the only specialist service in Scotland offering support with contact for brothers and sisters in care. Today it celebrates its sixth birthday. Stand Up For Siblings are proud to have STAR as a partner organisation and would like to wish everyone at STAR much success for many years to come.

Karen Morrison, STAR’s founder, has been reflecting on their achievements and said: “Being the first of its kind, everything was a struggle initially from funding to raising awareness. We were ultimately asking local authorities to change the way they have always worked. At this point there was also very little research, but we persevered and continued to climb mountains because regular and quality contact for separated brothers and sisters did matter and we were really starting to see the huge benefits from our groups who started to attend.

 “A 10 year old girl who attended STAR was on her third placement in three months, she missed her sisters dearly and her chaotic life was starting to show. She looked at me when I asked her how she was doing and she said ‘at least we have STAR’ we were the only continuity in that girl’s life and that moment kept me going through our hard times at STAR.

 “Six years later and we are in a place I never dreamed we would be – over 400 children and young people have passed through STAR and this number grows weekly. We now have over 50 volunteers – many who are highly experienced supervisors.

 “What a journey! Here’s to the next 6 years!”

Ministerial announcement – update

Ministerial announcement – update

Further to the announcement made by the Minister for Children and Young People on the first anniversary for Stand Up For Siblings, more information has become available. The Minister responded to a Parliamentary Question from MSP Kezia Dugdale. You can see the response here.

Response to Ministerial announcement

Response to Ministerial announcement

Stand Up For Siblings has welcomed the announcement made by the Minister for Children and Young People, Maree Todd MSP, today.

Earlier today the Minister announced that there are plans to make improvements to the law for brothers and sisters who are in the care system. The law is to be strengthened in relation to keeping brothers and sisters together when they are placed in local authority care when it is in their interest to do so.

The changes will also result in siblings being on an equal footing with parents in relation to promoting personal relations, meaning that there will be a duty on local authorities to take steps to promote personal relations and contact between brothers and sisters when a child is in care.

Dr Christine Jones, of University of Strathclyde and Co-Founder of Stand Up For Siblings said: “We’re delighted by the announcement by the Minister today, along with all our partners in the Stand Up For Siblings coalition.

“These proposals represent real progress towards protecting the rights and promoting the wellbeing of brothers and sisters in care.

“We created Stand Up For Siblings as we believe that if we all work together, we can make a real difference to the lives of children and young people and can influence the law, policy and practice around this issue.

“We will continue to work together to take forward and build on this exciting development and invite others to join us in this work.”

Ministerial announcement – improvements to the law

Ministerial announcement – improvements to the law

Today, the Minister for Children and Young People, Maree Todd MSP announced that there are plans to make improvements to the law for brothers and sisters who are in the care system. The law is to be strengthened in relation to keeping brothers and sisters together when they are placed in local authority care when it is in their interest to do so.

The changes will also result in siblings being on an equal footing with parents in relation to promoting personal relations, meaning that there will be a duty on local authorities to take steps to promote personal relations and contact between brothers and sisters when a child is in care.

This announcement comes almost exactly one year after the launch of the “Stand Up for Siblings”, a collaboration made up between a number of child welfare, children’s rights and legal organisations and academics within Scotland including Clan Childlaw. They believe that more can be done to protect the rights and promote the wellbeing of siblings and are working together to influence the law, policy and practice.

Minister for Children and Young People, Maree Todd MSP today recognises the potential importance of the brother and sister relationship for a child in care.  She announced her commitment to strengthen the law in relation to keeping brothers and sisters together when it is in their best interests to do so.

Ms Todd said: “The Scottish Government is committed to making our care system the best that it can be.  For most children in care, where it is appropriate, it is now the case that a child is placed with brothers and sisters with whom they have close personal ties.  This has proved overwhelmingly that that is good for their welfare and emotional wellbeing.

“However, it is not the case for every child in care, and we need to understand how best we can use law and practice to make sure that more children are kept together, either physically, or through the proactive encouragement of contact.  We will identify barriers and explore solutions across all agencies, improving practice where we can.”

Alison Reid, Principal Solicitor of Clan Childlaw said: “We are delighted with this announcement. It is progress in the right direction and will allow brothers and sisters in care more of an opportunity to develop and maintain good relations which have the potential to last a lifetime. However, this is just the start.

“We will continue to drive forward change in both law and practice to make sure siblings have the rights they need to participate fully in decisions that affect them, particularly in relation to Children’s Hearings as well as in permanence and adoption proceedings.”   

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