The UNCRC in Scots Law: Two years on

Bruce Adamson, CEO of the Scottish Commission for People with Learning Disabilities; Vice President of Eurochild; Fellow of the Royal Society of Edinburgh

Two years after the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 came into force, its impact is being seen across Scotland’s courts, Parliament and public services. Early case law confirms the legal force of the Act, while exposing the constitutional complexities of incorporation within devolved competence and the challenges of ensuring children have access to effective remedies.

Beyond the courts, incorporation is changing how legislation is developed, scrutinised and implemented. Compatibility statements, Child Rights and Wellbeing Impact Assessments and statutory guidance are strengthening accountability. The growing focus on children's participation, access to justice and responsibilities of public authorities demonstrates how incorporation is beginning to influence institutional culture and decision-making.

The Act represents a fundamental shift in recognising children as rights holders. But incorporation is a process, not an event. Its success will depend on whether legal protections translate into meaningful changes in children's lives, ensuring their rights shape decisions, their voices influence outcomes, and public authorities can be held accountable when rights are breached.