Entrenching children's participation through UNCRC Incorporation in Scotland

Abstract

In March 2021, the Scottish Parliament unanimously adopted the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (Incorporation Bill). This article explores the ways in which this law could fulfil children's participation rights in Scotland based on the exercise of UNCRC Article 12 coupled with Article 5, a child's right to be heard in line with their evolving capacity. It begins by introducing the basic concept of children's participation rights before constructing participation as a right of emancipation that is two-dimensional, reflecting both the individual and collective dimensions of a child's right to be heard. To develop the first dimension of the emancipatory right to participation, the article focuses on a child's ability to engage their individual right to participate in private legal proceedings. The article then looks at how the views of children and young people have been included in collective decision-making processes following adoption of the Children and Young People (Scotland) Act 2014, namely views gathered through children's rights impact assessments. The overarching purpose is to demonstrate how the direct incorporation of the UNCRC can ultimately emancipate children from ongoing marginalisation and support them to become active, engaged citizens.