News and Press

Scottish Parliament Must Incorporate Children's Rights Into Scottish Law

19 Jun 2008

Scotland's Commissioner for Children and Young People, Kathleen Marshall, today (19 June 2008) called on the Scottish Parliament to incorporate the UN Convention on the Rights of the Child into domestic law.

Launching SCCYP's Annual Report for 2007-08 (which was laid before the Scottish Parliament this morning) the Commissioner said that the move would underline the Parliament's "undoubted commitment to the rights of children."

Her report covers the issues addressed by the Commissioner's office over the past 12 months, many of which have generated significant debate and discussion. While much of SCCYP's work has focused on situations in which children might be described as "over protected" through extreme risk aversion, equally the Commissioner has addressed situations in which children are currently under-protected.

The main areas of work included:

• A report on adult attitudes to contact with children and young people which highlighted the fear that adults have of being wrongly accused of harming a child

• A study of the regulation of outdoor play for children and young people in residential care, which explored how risk adverse practice is preventing children from enjoying play and leisure

• Research into the policy and practice relating to the moving and handling of children and young people with disabilities, that promises to lead to revised guidelines

• Research into young people leaving care in Scotland aged 16, and the standard of accommodation and support provided after they leave

• A report on the rights of children who have a parent in prison

• A major conference on physical punishment

Commenting on the issues for Scotland's children, Kathleen Marshall said:

"We entered fresh territory last year, with a new government in Scotland. Like everyone else, those of us working for children and young people have been interested to see what impact it would have on our particular concerns.

Although some of the issues are different – with the local government Concordat, funding for children's services are no longer ring-fenced – some of the issues do not change. The perennial ambivalence of our society towards children and young people as both vulnerable and threatening continues to cause concern.

"The debate continued about whether we are fostering a generation of "cotton wool" kids who are allowed little freedom because of parental fears for their safety.

"There was public concern about children in residential care following on from the publication of a report by Glasgow City Council into abuse of young people at Kerelaw.

"Media reports around juvenile crime and the issue of anti social behaviour reached a new low this year with suggestions that young children should be dealt with more severely and the introduction of the "Mosquito" device.

"However there was some good news too, with the welfare of families seeking asylum improving and with the settling of the "legacy cases that has seen well-integrated families being granted leave to remain in Scotland."

Looking ahead to 2008-09, SCCYP will continue to focus on its ‘Safe, Active, Happy' Action Plan, which aims to find a better balance between child protection, fun, adventure and healthy relationships.

This will include work aimed at:

• introducing a Play Strategy for Scotland

• Securing a better deal for children and young people out of the current school building programme through higher quality buildings and better access out of hours

• Better access to leisure and recreation facilities for disabled children

• Encouraging the setting up of an Enabling Unit or similar mechanism to encourage and support people who wish to work with children and young people on a paid or voluntary basis, to counteract the negative messages associated with "vetting and barring"

• Encouraging debate around the issue of legal changes to guarantee anonymity until (and unless) an allegation of harm caused to a child was proven

• Securing a change in practice that leads to more young people staying in care beyond 16

• Better opportunities for outdoor activities for children and young people who are looked after

• New national guidelines to ensure consistency in moving and handling practice for disabled children

• Encouraging the Government to launch a major public awareness and education campaign on positive, non-violent child-rearing methods that do not involve physical punishment

SCCYP will also be taking forward the recommendations in her report about prisoners' children and also following through the conclusions and recommendations of the UN Committee on the Rights of the Child to ensure they are widely disseminated throughout Scotland and acted upon

-ENDS-

For more information or to arrange an interview with Kathleen Marshall please contact Giselle Dye at Pagoda PR on 0131 556 0770 or email Giselle.dye@pagodapr.com. Out of hours number 07739 085023

Notes to Editors

1. A copy of the full report can be viewed at www.sccyp.org.uk

2. The post of Scotland's Commissioner for Children and Young People was created by an Act of the Scottish Parliament in 2003 and Commissioner, Kathleen Marshall, began work in April 2004. She is independent of both the Scottish Parliament and the Scottish Executive.

3. The Commissioner's basic remit is to promote and safeguard the rights of children and young people, with particular emphasis on the rights set out in the 1989 United Nations Convention on the Rights of the Child. She also monitors the law, policy and practice for effectiveness in relation to the rights of children and young people, promotes best practice by service providers working with children.