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UN report: Scotland’s Commissioner warns children’s rights under threat
3 October 2008
UN report: Scotland’s Commissioner warns children’s rights under threat
Scrapping ASBOs and the controversial mosquito device, providing more opportunities for play and raising the age of criminal responsibility are among the recommendations in a hard-hitting UN report on children’s rights in the UK. (1, 2)
Published today, the five-yearly “report-card” details UK progress in implementing the UN Convention on the Rights of the Child, and makes recommendations for future action. It follows a hearing in June, when the UK’s four Children’s Commissioners delivered their report on how the state treats children and young people.
The Convention on the Rights of the Child, which the UK adopted in 1991, obliges the UK State to put the best interests of the child first. However, the Convention has yet to be incorporated into UK and Scottish domestic law – a move that all four Commissioners view as key to safeguarding children’s rights.
Kathleen Marshall, Scotland Commissioner for Children & Young People, said, “While the UN Committee has acknowledged some of the progress made by Government, the report is very clear that more needs to be done to enhance, promote and safeguard children’s rights.
“We are getting some things right in Scotland. Compared to the rest of the UK, we have a better approach to juvenile justice, rooted in the welfare-based children’s hearing system, and in general Scotland has been a more welcoming place for children of asylum seekers.
“However, there are clearly areas where the Scottish Government needs to take action including the locking up of 16 and 17 year olds in adult prisons, the low age of criminal responsibility and the persistent poverty that stops children getting the best possible start in life. Fear among adults of contact with children and young people has created an unhealthy climate that limits opportunities for play and hampers healthy development.”
Ms Marshall added that ultimately the UN Convention on the Rights of the Children must be incorporated into Scottish domestic law. She said,
“Scottish law must take full account of children’s rights and all proposed legislation should be checked to ensure that it will not undermine them - only then will Scotland build a society that truly respects and values our children.”
ENDS
For further information or to arrange an interview with Kathleen Marshall, please call Esther Black, Pagoda PR, on 0131 556 0770/07766 493 163 esther.black@pagodapr.com
Notes to editors:
1. The report is here: http://www2.ohchr.org/english/bodies/crc/docs/AdvanceVersions/CRC.C.GBR.CO.4.pdf
Since the UK ratified the United Nations Conventions on the Rights of the Child (UNCRC) in
1991, the Government has been obliged to submit progress reports to the UN Committee
every five years, outlining how the state (including devolved administrations) is fulfilling its commitment to children and young people.
This year, for the first time, the four commissioners joined forces to submit a joint report in June to the UN Committee on their experiences of monitoring how the state treats children and young people. This was followed by the questioning of Government representatives, including Scottish civil servants, by the Committee earlier this month.
The Commissioners’ report identifying 18 areas of common concern drawn from across the four nations – and publishing more than 100 recommendations for action - the report also looks at specific Scottish concerns. For details see http://www.sccyp.org.uk/ (right-hand side)
2. Key points for Scotland
Today’s UN report welcomes:
- The establishment of the post of Scotland’s Commissioner for Children & Young People (and the establishment of the other three Children’s Commissioners). The report stresses that the independence of Commissioners must be strengthened and protected and that Commissioners have the power to investigate individual complaints. (par 16 & 17)
- The removal of the “opt-out” reservation which essentially permitted the UK Government to not recognise the rights of asylum-seeking children (see http://news.bbc.co.uk/1/hi/uk_politics/7624450.stm)
Areas of concern include:
- Sixteen and 17-year-olds should not be locked up in adult prisons. (par 78d)
- At just eight years, the age of criminal responsibility in Scotland remains lower than in the rest of the UK (10 years) and is one of the lowest in the world. The report recommends raising the minimum age of criminal responsibility across the UK. (par 78a)
- There is a need to provide all children with adequate and accessible playground spaces to exercise their play and leisure activities, with a particular focus on children with disabilities. (par 69) SCCYP’s own research has identified “things to do” as at the top of young people’s wish list. The Commissioners argue that there is an over-protective attitude towards children that serves to reduce their opportunities for play and hinders healthy development.
- The demonisation of children - a general climate of intolerance and discrimination are often the underlying cause of infringements of children’s rights. The mosquito device and ASBOS should be scrapped. (par 35 and 80)
- Further increases in expenditure are required if poverty and inequalities are to be addressed
- The UN Convention on the Rights of the Child must be incorporated into domestic Scottish law and children’s rights impact assessments carried out to promote respect for children’s rights
- The need for additional resources for age-appropriate mental health services to ensure fewer under 18s are admitted to adult psychiatric wards (par 57). There is a legal duty on NHS Boards to provide services and hospital accommodation suitable for under 18s.
- The need for support for children of prisoners, as highlighted in SCCYP’s own research (par 45d)
- There is particular concern regarding the rights of children and young people with disabilities, specifically the lack of a national strategy, the need of protection and early intervention programmes. (par 52 & 53)
- The committee raised concerns regarding the retention of children’s DNA (par 36) irrespective of whether they are guilty of committing an offence.
For more information on issues raised in this release:
Children of prisoners: http://www.sccyp.org.uk/webpages/pr_single.php?article=Not%20Seen.%20Not%20Heard.%20Not%20Guilty.%20The%20rights%20and%20status%20of%20the%20children%20of%20prisoners%20in%20Scotland&id=114
Adult attitudes towards contact with children and young people: http://www.sccyp.org.uk/webpages/pr_single.php?article=Adults'%20attitudes%20towards%20contact%20with%20children%20and%20young%20people%20-%20Research%20Report&id=100
The mosquito device: http://www.sccyp.org.uk/ (scroll down)
