Protect the Children’s Right to Protest

News: UN Convention on the Rights of the Child in Scotland

On 16 March 2021 the Scottish Parliament unanimously passed the UNCRC (Incorporation)(Scotland) Bill to incorporate the UN Convention on the Rights of the Child (UNCRC) into Scottish law. This would make rights real in Scotland, making children’s rights in the convention a part of Scottish law and giving ministers and public bodies a duty to comply and to pay due regard to the convention. The incorporation of the UNCRC followed years of campaigning by children, young people and adult allies in Scotland.

However, the UK Government is challenging aspects of the Bill, arguing that some parts go beyond the limited powers devolved to the Scottish Parliament, particularly where the Scottish courts are interpreting laws made by the UK Parliament. If the challenge is successful this may result in amendments to some aspects of the Bill.

The challenge was heard by the Supreme Court on 28 and 29 June and judgment is awaited. We will bring you news of the decision as soon as it is announced.

Read more from the Children and Young People’s Commissioner Scotland.

Find out more about the Supreme Court Case

Action: Children’s Right to Protest

The right to protest Is a fundamental right and a vital way for children to make their voices heard in a democracy, particularly when they can’t vote. Over recent years we have seen children and young people joining protests to tackle important issues such as racism and climate change.

Anna, a member of our network, joined the School Strikes for Climate as a child in 2019 and described how the strikes ‘gave me an opportunity to make my voice heard and it gave millions of children around the world a voice too.’

We are very concerned about the impact that the Police, Crime and Sentencing Bull will have on children’s right to protest. The Bill has been described as an assault on our freedoms, threatening the right to peaceful protest by giving the police more powers to restrict, criminalise and shut down peaceful protest. The Bill has been passed in the House of Commons and is now in the House of Lords, with the date for Second Reading still to be confirmed.

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