Progressing the Human Rights of Children in Scotland: A Report 2015-2018 Report to the Scottish Parliament under Part 1 of The Children and Young People (Scotland) Act 2014 DECEMBER 2018 SG/2018/268 Progressing the Human Rights of Children in Scotland: A Report 2015-2018 Report to the Scottish Parliament under Part 1 of The Children and Young People (Scotland) Act 2014 DECEMBER 2018 © Crown copyright 2018 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.scot Any enquiries regarding this publication should be sent to us at The Scottish Government St Andrew’s House Edinburgh EH1 3DG ISBN: 978-1-78781-490-5 Published by The Scottish Government, December 2018 Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA PPDAS488886 (12-18) MINISTERIAL FOREWORD Children and young people are at the heart of our ambitions for the future. As Minister for Children and Young People, I feel a great sense of honour laying this first report and action plan, Progressing The Human Rights of Children in Scotland, before the Scottish Parliament, and before the children and young people of Scotland. As a Government, our mission is to improve the life experience and life chances of our children and young people now, so they can thrive and be equipped to take advantage of tomorrow’s opportunities. We believe that addressing the rights of children and young people, as enshrined in the United Nations Convention on the Rights of the Child (UNCRC), is fundamental to achieving this. Our Vision is a Scotland where children are recognised as citizens in their own rights and where their human rights are embedded in all aspects of society; a Scotland where policy, law and decision making takes account of children’s rights and where all children have a voice and are empowered to be human rights defenders. As duty bearers under the UNCRC, we have an obligation to ensure that the rights of children are both recognised and realised. Our progress is examined periodically by the UN Committee on the Rights of the Child, however furthering children’s rights isn’t only about meeting our international obligations but about doing the very best that we can for Scotland’s youngest citizens. That is why in 2014, we legislated to place a duty on all Scottish Ministers to consider and act upon steps to further the UNCRC in Scotland and to promote public awareness and understanding of children’s rights. Now in 2018, the Year of Young People, we announced in our Programme for Government Delivering for today, investing for tomorrow our commitment to incorporate the principles of the UNCRC into Scots law. This Report and Action Plan, Progressing The Human Rights of Children in Scotland, are the first documents compiled in fulfilment of Ministers’ duties under Part 1, section 1(4) of the Children and Young People (Scotland) Act 2014. The Report summarises the significant extent of Ministers’ activities in progressing children’s rights since commencement in June 2015 . The Action Plan sets out the Strategic Actions we will take forward in the next 3 years to deliver transformational change in how children and young people experience their rights. I am proud to be the Minister for Children and Young People as we build on progress to date by further embedding children’s rights. It is fitting that we will continue the legacy of the Year of Young People by focussing on strategic actions that will make a difference to the lives of Scotland’s children and young people. I look forward to working with you to make rights real for all of our children. Maree Todd Minister for Children and Young People 1 KEY ACHIEVEMENTS – 2015-2018 Commitment to incorporate the principles of the UN Convention on the Rights of the Child into domestic law. Introduction of Annual meeting Child Rights and between children Wellbeing Impact and young people Assessment. and Scottish Cabinet. Establishment of young disabled people’s forum, Voting age Youth Action Success, lowered to 16 to help shape and for Scottish inform policy. Parliament and Local Government 16 elections. 500 additional 52,000+ Health Visitors Baby Boxes by end 2018. delivered in first year. Independent Root Committed to and Branch Review tackling Adverse of Care System Childhood in progress. Experiences (ACEs) and supporting the resilience of all. 2 Almost doubling Through the the funded Early Learning Attainment & Childcare from 600 Scotland Fund to 1140 hours per year we are providing from August 2020. £750m during the course of this Parliament to tackle the attainment gap. £750m Commitment to Free school meals for all pupils in £250m primary 1 to additional funding primary 3 at all focused on mental publicly-funded health support for schools. young people in communities and schools. Payments of the Ambition to halve Best Start Pregnancy childhood obesity and Baby Grant by by 2030. Christmas 2018. The first national Set in statute government in the world ambition to eradicate to introduce access to child poverty and free sanitary products launched our first for up to 395,000 Tackling Child students attending Poverty Delivery Plan. schools, colleges and universities in Scotland. Bill introduced Child aggravator to raise Age introduced for domestic of Criminal abuse offences. Responsibility from 8 to 12. 12 8 3 Contents Introduction 9 i Human Rights in Scotland 9 ii Children’s Rights in Scotland 9 iii UN Reporting Process and Concluding Observations 10 iv Independent Monitoring of Children’s Rights in Scotland 10 v Challenging Possible Infringement of Rights 12 vi Layout of Report 12 vii Engagement with Children and Young People 13 1. General Measures of Implementation 15 1.1 UK Withdrawal from the European Union 15 1.2 Human Rights Act 1998 16 1.3 Furthering Human Rights in Scotland 16 1.4 Legislation 17 1.5 Coordination of the Implementation of Children’s Rights 18 1.6 Child Rights and Wellbeing Impact Assessment 18 1.7 Use of Data 19 1.8 Consideration of Children and Young People in Budgetary Processes 20 1.9 Children, Young People & Families Early Intervention and Adult Learning and Empowering Communities Fund 20 1.10 Participatory Budgeting 21 1.11 Raising Awareness of Children’s Rights 21 1.12 Training on Children’s Rights 22 1.13 Human Rights in Business 22 1.14 Scotland’s Economic Strategy 22 1.15 Public Procurement 23 1.16 International Development 23 2. General Principles 25 2.1 Equality Act 2010/Public Sector Equality Duty 25 2.2 Equalities and Inclusion 26 2.3 Gypsy/Travellers 28 2.4 Attitudes to Children and Young People 30 2.5 Portrayal of Children and Young People in Certain Groups 31 2.6 Hate Crime 31 2.7 Safeguarding Vulnerable Individuals Through Prevent 32 2.8 Best Interests of the Child 33 2.9 Children (Scotland) Act 1995 33 2.10 Tackling Adverse Childhood Experiences (ACEs) 34 2.11 Organ and Tissue Donation Bill 35 2.12 Road Safety 35 2.13 Investigation of Child Deaths and Serious Injury 35 2.14 Child Death Reviews System 37 4 2.15 Participation of Children and Young People at National Level 37 2.16 Strategic Approach to Engaging with Children and Young People 39 2.17 Support for SYP, Children’s Parliament and Young Scot 39 2.18 Professionals Working with Individual Children and Young People 40 2.19 Participation in Schools 41 2.20 Access to Justice 42 2.21 Right to Vote 43 2.22 Representation of Young People on Public Boards 44 3. Civil Rights and Freedoms 45 3.1 Right to an Identity 45 3.2 Religion in Schools 45 3.3 Right to Information 45 3.4 Information Sharing 46 3.5. Biometric Data 47 3.6 Use of Mosquito Devices 47 3.7 Anti-Social Behaviour Orders (ASBOs) 48 3.8 Stop and Search 48 4. Violence Against Children 50 4.1 Child Protection Improvement Programme 50 4.2 Child Sexual Exploitation 50 4.3 Internet Safety 51 4.4 Child Safety and Wellbeing in Sport 51 4.5 Neglect 51 4.6 Physical Punishment of Children 52 4.7 Trafficking and Exploitation 52 4.8 Unaccompanied Asylum Seeking Children 53 4.9 The Scottish Child Abuse Inquiry 54 4.10 Gender-Based Violence 54 4.11 Council of Europe 56 4.12 Honour-Based Violence 56 4.13 Children with Variations of Sex Characteristics 57 4.14 Use of Conducted Energy Device (CED (Taser)) 57 4.15 Restraint 58 5. Family Environment and Alternative Care 60 5.1 National Parenting Strategy 60 5.2 Review of the Children (Scotland) Act 1995 and Family Justice Modernisation Strategy 61 5.3 Removal of Children from their Families 62 5.4 Looked After Children 62 5.5 Independent Review of the Care System 64 5.6 Missing Persons 65 5.7 Young Carers 65 5 6. Disability, Basic Health and Welfare Disability and Basic Health 67 6.1 Support for Disabled Children and Young People 67 6.2 Health and Wellbeing in Early Years 72 6.3 Baby Boxes 73 6.4 Breastfeeding/Infant Nutrition 74 6.5 Health Visitors and Health Reviews 75 6.6 Support for Young Parents 75 6.7 Health and Wellbeing Beyond the Early Years 76 6.8 Child Nutrition 77 6.9 Promotion of Physical Activity 78 6.10 Oral Health 78 6.11 Mental Health and Wellbeing 79 6.12 Support for Children and Young People with ADHD 82 6.13 Managed Clinical Network on Perinatal Mental Health 83 6.14 Suicide Prevention 83 6.15 Support for Bereaved Children and Young People 83 6.16 Social Isolation and Loneliness 84 6.17 Sexual and Reproductive Health 84 6.18 Drug and Alcohol Use 84 6.19 Palliative and End of Life Care 86 Support for Families 87 6.20 Child Poverty 87 6.21 Support for Lower Income Families 89 6.22 Social Security 92 6.23 Homelessness 93 6.24 Affordable Housing 94 Support for Communities 95 6.25 Planning and Architecture 95 6.26 Environment 96 7.