On The Cusp Of Maximalist Incorporation of Children’s Rights in Scotland

29 Pages Posted: 19 Oct 2020

Date Written: October 16, 2020

Abstract

Children’s rights have long featured in Scottish politics and have been a particular focus of the Scottish National Party’s platform since it became the majority governing party in 2011. In April 2019 the leader of Scottish Government pledged that the government would incorporate the CRC into national law during this parliamentary term, which ends in March 2021. This chapter explores the way in which this pledge and previous Scottish implementation efforts have supported a commitment to children’s rights. It begins with a brief overview of the legal settlement between the Scottish and UK governments and the growing attention on children’s rights post devolution. This is followed by an overview of key legal and non-legal measures implementing various aspects of the CRC in Scotland, including points of tension. How these measures have impacted judicial protection of children’s rights will then reveal the gaps that persist in Scots law. The chapter then moves on to consider the potential for further entrenchment of the CRC in Scotland through direct, maximalist incorporation as reflected in the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill that was introduced in Scottish Parliament on 1 September 2020.

Keywords: human rights, incorporation, children's rights, Scotland, implementation, UNCRC

Suggested Citation

McCall-Smith, Kasey L., On The Cusp Of Maximalist Incorporation of Children’s Rights in Scotland (October 16, 2020). Edinburgh School of Law Research Paper No. 2020/21, Available at SSRN: https://ssrn.com/abstract=3713221 or http://dx.doi.org/10.2139/ssrn.3713221

Kasey L. McCall-Smith (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/people/kaseymccallsmith

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