PAS response to the Scottish Parliament consultation on the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill

PAS response to the Scottish Parliament consultation on the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill PAS response to the Scottish Parliament consultation on the UN Convention on the Rights of the Child (Incorporation) (Scotland) Bill Parenting across Scotland welcomes the Bill to incorporate the UN Convention on the Rights of the Child into Scots Law. [...] The UNCRC recognises the family as the natural environment for children to grow up in, stating in its Preamble: “Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the c. [...] Additionally, while these proactive measures should be used to guarantee a rights respecting approach, where, for whatever reason, this has not happened, the powers included in the Bill to assess whether legislation is compatible with the UNCRC and the ability for children to be able to challenge breaches of their rights in court are necessary to ensure remedy and redress. [...] The UN Committee on the Rights of the Child states that: “Incorporation should mean that the provisions of the Convention can be directly invoked before the courts and applied by national authorities…” While, if used comprehensively, the proactive measures that put in place a child rights-based framework in decision making through the Child’s Rights Scheme, CRWIA and other duties should act to ens. [...] What are your views on the provisions in the Bill that allow the courts to strike down legislation judged to be incompatible with the UNCRC? PAS welcomes the power for courts to strike down legislation which is incompatible with the UNCRC.