Meeting of the Parliament (Hybrid) 19 January 2021
I will talk about the outreach that the committee did on the bill. It is important to stress how valuable and comprehensive it was, and to commend the children and young people who took part. Their insights, sharing of first-hand experience, and sheer enthusiasm for the legislation were really quite something.
It is clear that the UN Convention on the Rights of the Child means an awful lot to the young people in Scotland. Over a month, we had eight planned sessions with children and young people, as well as our public committee meetings with stakeholders. We had sessions with children and young people of all ages, young people with disabilities, care-experienced children and young people, asylum-seeking children, and young people who have been the victims of trafficking. We heard from young people with experience of the justice system, and from children of different ethnicities, as well as our new young Scots who are coming to us from countries across the world.
I was particularly struck by the strength of feeling on the UNCRC and children’s rights from looked-after children and care-experienced young adults. They are young people who have felt in the past that their rights were not being communicated to them or addressed, particularly with regard to seeing their families and being involved in shaping decisions around their future. Many times, we heard that the UNCRC rights should be built into, and be apparent in, the everyday practices of the institutions and services that those children and young people interact with, as well as the people with whom they come into contact. The guidance that is delivered as part of the legislation will be just as important as the wording of the bill.
In private session with a wide range of children and young people, we heard some compelling evidence on how their views should be at the centre of decisions that are made about them. Actually, to be blunt about it, decisions should not be made about them, but with them, and our recommendations strongly reflect that. Much of our stakeholder evidence and submissions for our public sessions centred around that issue, too. Many stakeholders called on the children’s rights scheme to
“include a specific requirement on Scottish Ministers to report on topics relating to access to justice, including ... avenues of redress when things go wrong ... support for children with protected characteristics or vulnerabilities”
and “child-friendly complaints procedures”, and to include the right to “advocacy services” and “legal aid”.
Josh Kennedy of the Scottish Youth Parliament said that child rights and wellbeing impact assessments
“should be published in a child-friendly format”,
and that children’s participation in decision making should be mandatory. I agree with him.
Another thing that young people were particularly clear on was that children should know their rights, and that, as the UNCRC is incorporated into law, more work should be done to ensure that education on those rights is done throughout childhood. That view was particularly clear in the sessions that we had with children who had experienced the justice system and the care system. In any given situation, their clear understanding of their rights should be ensured. A young person with experience in the justice system told us that
“A lot of professionals automatically assume as young people with lived experience we know about our rights when we don’t.”
It is one thing to have rights enshrined in law, but it is quite another to have those rights proactively and appropriately communicated by professionals to children in a range of settings.
That leads on to more general issues of education on children’s rights. It is true that a lot of those will not necessarily fit into, or be appropriate to, the bill; however, I was pleased to hear that the Deputy First Minister was mindful of the importance of rights education, not just for children but for the professionals who come into contact with children and young people.
I am pleased to say that there is also a child-friendly version of our stage 1 report, which practises what we preach. We feel that child-friendly communication from all public bodies that interact with or make decisions that affect children should involve documentation and materials that are easily read and understood by children. We also recommended that those should be in a range of languages.
The convener and I spent a great Saturday morning with Licketyspit theatre company, which works with young children across communities in Glasgow. In spending time with it—for some of which I had a toy caterpillar on my head—and taking part in its games and songs about children’s rights, it was clear to me that even the youngest children can get a handle on their rights if the communication is appropriate. It also helps if it is fun, which that morning definitely was.
I close by thanking the committee clerks and the outreach team. The work that they put in to gather children’s views was absolutely outstanding. It is on the outreach and evidence gathering that the report’s recommendations—and, ultimately, the success of the bill—will stand. It is already a great bill, and I am proud that Scotland is playing its part in fully realising children’s rights. The testimony of children in our scrutiny, and the Deputy First Minister’s clear and compassionate acknowledgement of what they have said, are set to make it even better.
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