Disclaimer

This draft document is an initial assessment of the impact of the National Outcomes and Scottish Government will continue to review and update this document where required during the strategic decision-making process. Any future iterations will reflect an increased understanding of these impacts as the amount of data and research available continues to grow. 

This impact assessment should be read in conjunction with the Equality Impact Assessment and the Fairer Scotland Duty Assessment.

Summary

This CRWIA examines the current National Outcomes, assessing to what extent they support the UNCRC. 

Detail is then provided on how this assessment and data from the statutory Review of National Outcomes has informed the development of revised National Outcomes. 

The existing National Outcomes can be seen as having a positive impact on children’s rights and wellbeing. Proposed changes to the National Outcomes will build on and strengthen that positive impact.

  1. What evidence have you uses to inform your assessment? What does it tell you about the impact on children’s rights? (Guidance Section 2.2)

The National Outcomes are underpinned by the Community Empowerment (Scotland) Act 2015, which sets down the requirement for Scottish Ministers to determine National Outcomes. The Act places a duty on public authorities and any other person carrying out functions of a public nature to have regard to the National Outcomes in carrying out their functions. The Act also states that Scottish Ministers must review the National Outcomes regularly – with a review required to commence within five years of the date on which the current National Outcomes were published.

When reviewing the National Outcomes, Scottish Ministers must consult with representatives of communities in Scotland and must also consult the Scottish Parliament on proposed changes.

The current set of National Outcomes were published in June 2018 and a statutory review commenced in 2022, with an extensive consultation and evidence gathering exercise taking place. The substantial amount of data gathered has informed proposed changes which will ensure the NPF remains ambitious and forward looking for the coming five years.

This assessment has been informed by this evidence, which includes individual responses to an online consultation, evidence submitted by stakeholders, data collected at stakeholder workshops, and evidence analysed as part of a desk-based research exercise.

Overall, this evidence shows a high level of support for the existing ‘Children and Young People’ (CYP) National Outcome. For example, 93% of respondents to the online consultation expressed satisfaction with the current CYP Outcome.   

Some changes were proposed, however. These included being more explicit about particular groups of children who have additional challenges; more explicitly reflecting a rights based approach (UNCRC); aligning more fully to other policies, including GIRFEC; adding early years care; the importance of support during transitions; tackling isolation in islands and rural communities; challenges of being a generation ‘born digital’; and participation in decision making.

Identify any gaps in the evidence base, and set out how you will address these.

N/A

  1. Evidence from stakeholders/Policy Colleagues (Guidance Section 2.2) 

An extensive programme of stakeholder engagement – within Scottish Government and externally – was carried out as part of the Review process. 

A number of stakeholders with an interest in children’s rights and wellbeing engaged with the process. 

The Children’s Parliament were commissioned to prepare a report considering the National Outcomes through the lens of their work programme over the period 2018 to 2023. Other documentation reviewed as part of the desk based research included ‘All Learners in Scotland Matter’ the final report from the national discussion on education and ‘From Scotland’s Young People’, the Scottish Youth Parliament’s Manifesto 2021-2026. 

We worked with the Scottish Youth Parliament to design and host a workshop for MSYPs.

Organisations which responded to the consultation and/or call for evidence included:

  • The Promise (consultation response)
  • Scottish Out of School Care Network (call for evidence)
  • Sistema Scotland (call for evidence)
  • Families Outside (call for evidence)
  • Intandem (call for evidence)
  • Stirling’s Strategic Planning Group for Children (call for evidence)
  • SSSC (call for evidence)
  • Social Work Scotland (call for evidence)
  • Children in Scotland (call for evidence)

Additionally, the Expert Advisory Group, which guided the review process, includes representation from Young Scot and Children in Scotland.

  1.  Evidence from children and young people (Guidance Section 2.2)

Data gathered includes evidence on the specific needs of children and young people and feedback on how the National Outcomes could better reflect their rights and wellbeing.

The Children’s Parliament was a key partner in the development of the current CYP National Outcome. Their report, ‘What Kind of Scotland’ was published in 2018 to support the 2016-2017 review which developed the current set of National Outcomes.

To ensure that all aspects of wellbeing of children up to the age of 14 were considered in the current review, a new report was commissioned. The report: 'Reviewing the National Outcomes for Scotland through the lens of the Children's Parliament's programme of work from 2018 to 2023' reflects on the work of the Parliament since the last review of the National Outcomes.

The report examines 47 projects and programmes that have engaged with children between 2018 and 2023 and reflects on 10 of the 11 National Outcomes as currently expressed, highlighting what is known from children’s lived experience as well as their hopes and ambitions for their own childhoods and those of future generations.

The report has been published as part of the wider Review statutory report which was laid in the Scottish Parliament on 1 May 2024. 

To ensure we also captured the voices of 14-25 year olds, we submitted a proposal to the Scottish Youth Parliament for a consultation workshop to be co-designed and hosted with MSYPs. This online participatory session captured the views of MSYPs on whether the current National Outcomes still reflect what matters to young people.

Analysis of the evidence

Using evidence detailed above, please answer the following questions on how this relevant proposal will impact children.

  1. How have the findings outlined in questions 1-3 influenced the development of the relevant proposal? (Guidance Section 2.2)

Evidence collected as part of the statutory review of National Outcomes has informed the development of revised National Outcomes. 

This includes: more explicitly referring to children’s rights; acknowledging that being loved, safe and respected are positive outcomes in their own right; highlighting that education and learning happens in a range of settings; acknowledging the importance of mental health and making explicit reference to commitments made to care experienced children and young people.

These proposed changes will be elaborated on throughout the assessment.

  1. Assessing for compatibility against the UNCRC requirements (Guidance Section 2.2)

Complete the below matrix, placing a tick against each article which is relevant to your existing legislation or decision or relevant proposal. Further on in the form you will be able to explain these answers in more detail.

UNCRC Articles

Please click on the triangle to expand and collapse the text for a full definition of each article.

What impact does/will your relevant proposal have on children’s rights (Please tick positive, negative or neutral)

                                                             Positive | Negative | Neutral

Article 1 Definition of the child                                                         ☐           ☐            ☒

For the purposes of the present Convention, a child means every human being below the age of eighteen years

Article 2 Non-discrimination                                                             ☒           ☐           ☐

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 

2. States Parties shall take all appropriate measures to ensure that the child is protected against all 15 forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.

Article 3 Best interests of the child                                                  ☒           ☐           ☐

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 

3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision

Article 4 Implementation of the Convention                                   ☒           ☐           ☐

States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation

Article 5 Parental guidance and a child’s evolving capacities    ☐            ☐           ☒

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.

Article 6 Life, survival and development                                       ☒           ☐           ☐

1. States Parties recognize that every child has the inherent right to life. 

2. States Parties shall ensure to the maximum extent possible the survival and development of the child

Article 7 Birth registration, name, nationality, care                      ☐           ☐          ☒

1. The child shall be registered immediately after birth and shall have the right from birth to a name, and, as far as possible, the right to know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field

Article 8 Protection and preservation of identity                          ☐            ☐          ☒

1. States Parties undertake to respect the right of the child to preserve his or her identity, including name and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to speedily re-establishing his or her identity

Article 9 Separation from parents                                                    ☐           ☐          ☒

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

Article 10 Family reunification                                                          ☐           ☐          ☒

A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents.

Article 11 Abduction and non-return of children                           ☐            ☐          ☒

States Parties shall take measures to combat the illicit transfer and non-return of children abroad

Article 12 Respect for the views of the child                                ☒           ☐           ☐

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law

Article 13 Freedom of expression                                                  ☐           ☐          ☒

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. 

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: 

(a) For respect of the rights or reputations of others; or 

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 14 Freedom of thought, belief and religion                       ☐           ☐           ☒

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others

Article 15 Freedom of association                                                   ☐           ☐           ☒

1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 16 Right to privacy                                                                 ☐           ☐           ☒

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

2. The child has the right to the protection of the law against such interference or attacks

Article 17 Access to information from the media                          ☐            ☐           ☒

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall: 

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; 

(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources; 

(c) Encourage the production and dissemination of children’s books; 

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; 

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18 Parental responsibilities and state assistance            ☒           ☐           ☐

1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.

2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children. 

3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible

Article 19 Protection from violence, abuse and neglect               ☒            ☐           ☐

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 20 Children unable to live with their family                          ☒            ☐            ☐

1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.

2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 

3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.

Article 21 Adoption                                                                            ☐           ☐           ☒

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; 

(b) Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin; 

(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; 

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it; 

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs

Article 22 Refugee children                                                 ☐            ☐           ☒

1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organisations or non-governmental organisations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention

Article 23 Children with a disability                                                ☒           ☐           ☐

1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.

3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development. 

4. States Parties shall promote, in the spirit of international co-operation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 24 Health and health services                                            ☒           ☐           ☐

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take 20 appropriate measures: 

(a) To diminish infant and child mortality; 

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; 

(c) To combat disease and malnutrition, including within the framework of primary healthcare, though, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers; 

(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and services. 

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. 

4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries

Article 25 Review of treatment in care                                           ☐            ☐           ☒

States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement

Article 26 Social security                                                                  ☒           ☐           ☐

1. States Parties shall recognize for every child the right to benefit from social security, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 

2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child

Article 27 Adequate standard of living                                           ☒           ☐           ☐

1. States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. 

2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development. 

3. States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the making of appropriate arrangements.

Article 28 Right to education                                                           ☒           ☐           ☐

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: 

(a) Make primary education compulsory and available free to all; 

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; 

(c) Make higher education accessible to all on the basis of capacity by every appropriate means; 

(d) Make educational and vocational information and guidance available and accessible to all children; 

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates. 

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention. 

3. States Parties shall promote and encourage international co-operation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries

Article 29 Goals of education                                                          ☒           ☐           ☐

1. States Parties agree that the education of the child shall be directed to: 

(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; 

(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; 

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; 

(e) The development of respect for the natural environment. 

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty 30 of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State

Article 30 Children from minority or indigenous groups              ☐            ☐           ☒

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language

Article 31 Leisure, play and culture                                                ☒           ☐           ☐

1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. 

 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity

Article 32 Child labour                                                                      ☐            ☐           ☒

1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. 

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: 

(a) Provide for a minimum age or minimum ages for admission to employment; 

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article

Article 33 Drug abuse                                                                       ☐           ☐           ☒

States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances

Article 34 Sexual exploitation                                                          ☐            ☐           ☒

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national measures to prevent: 

(a) The inducement or coercion of a child to engage in any unlawful sexual activity; 

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 35 Abduction, sale and trafficking                                      ☐            ☐           ☒

States Parties shall take all appropriate national measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form

Article 36 Other forms of exploitation                                            ☐            ☐           ☒

States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare

Article 37 Inhumane treatment and detention                              ☐            ☐           ☒

States Parties shall ensure that: 

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; 

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; 

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action

Article 38 War and armed conflicts                                                ☐            ☐           ☒

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. 

3. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict

Article 39 Recovery from trauma and reintegration                     ☐            ☐           ☒

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such 5 recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child

Article 40 Juvenile justice                                                                ☐            ☐           ☒

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. 

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that: 

 (a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed; 

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees: 

 (i) To be presumed innocent until proven guilty according to law; 

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; 

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law; 

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used; 

(vii) To have his or her privacy fully respected at all stages of the proceedings.

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: 

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law; 

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. 

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; 10 probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence

Article 41 Respect for higher national standards                         ☐            ☐           ☒

Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: 

(a) The law of a State Party; or

(b) International law in force for that State.

Article 42 Knowledge of rights                                                        ☐            ☐           ☒

States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.


 First optional protocol                                        Positive | Negative | Neutral

Article 4                                                                                              ☐               ☐           ☒

1. Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years. 

2. States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices. 

3. The application of the present article under this Protocol shall not affect the legal status of any party to an armed conflict.

Article 5                                                                                              ☐               ☐           ☒

Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law that are more conducive to the realization of the rights of the child.

Article 6                                                                                              ☐               ☐           ☒

1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of this Protocol within its jurisdiction. 

2. States Parties undertake to make the principles and provisions of the present Protocol widely known and promoted by appropriate means, to adults and children alike. 

3. States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to this Protocol are demobilized or otherwise released from service. States Parties shall, when necessary, accord to such persons all appropriate assistance for their physical and psychological recovery and their social reintegration.

Article 7                                                                                              ☐               ☐           ☒

1. States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary to the Protocol and in the rehabilitation and social reintegration of persons who are victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation with concerned States Parties and relevant international organizations. 

2. States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes or, inter alia, through a voluntary fund established in accordance with the rules of the General Assembly.

Second Optional Protocol

Article 1                                                                                              ☐               ☐           ☒

States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol. 

Article 2                                                                                              ☐               ☐           ☒

For the purposes of the present Protocol: 

            (a) Sale of children means any act or transaction whereby a child is transferred by            any person or group of persons to another for remuneration or any other           consideration;

            (b) Child prostitution means the use of a child in sexual activities for remuneration or        any 30 other form of consideration; 

            (c) Child pornography means any representation, by whatever means, of a child   engaged in real or simulated explicit sexual activities or any representation of the        sexual parts of a child for primarily sexual purposes.

Article 3                                                                                              ☐               ☐           ☒

1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether these offences are committed domestically or transnationally or on an individual or organized basis: 

            (a) In the context of sale of children as defined in article 2: 

            (i) The offering, delivering or accepting, by whatever means, a child for the purpose          of: 

                        a. Sexual exploitation of the child; 

                        b. Transfer of organs of the child for profit; 

                        c. Engagement of the child in forced labour; 

            (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in  violation of applicable international legal instruments on adoption; 

            (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined        in article 2; 

            (c) Producing, distributing, disseminating, importing, exporting, offering, selling or             possessing for the above purposes child pornography as defined in article 2. 

2. Subject to the provisions of a State Party’s national law, the same shall apply to an attempt to commit any of these acts and to complicity or participation in any of these acts. 

3. Each State Party shall make such offences punishable by appropriate penalties that take into account their grave nature. 

4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, this liability of legal persons may be criminal, civil or administrative. 

5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments.

Article 4                                                                                              ☐               ☐           ☒

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, when the offences are committed in its territory or on board a ship or aircraft registered in that State. 

2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases: 

            (a) When the alleged offender is a national of that State or a person who has his   habitual residence in its territory; 

            (b) When the victim is a national of that State. 

3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals. 

4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6                                                                                              ☐               ☐           ☒

1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings. 

2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law. 

Article 7                                                                                              ☐               ☐           ☒

States Parties shall, subject to the provisions of their national law: 

            (a) Take measures to provide for the seizure and confiscation, as appropriate, of: 

            (i) Goods such as materials, assets and other instrumentalities used to commit or             facilitate offences under the present Protocol; 

            (ii) Proceeds derived from such offences; 

            (b) Execute requests from another State Party for seizure or confiscation of goods or       proceeds referred to in subparagraph (a)(i); 

            (c) Take measures aimed at closing, on a temporary or definitive basis, premises  used to commit such offences. 

Article 8                                                                                              ☐               ☐           ☒

1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: 

            (a) Recognizing the vulnerability of child victims and adapting procedures to          recognize their special needs, including their special needs as witnesses; 

            (b) Informing child victims of their rights, their role and the scope, timing and progress      of the proceedings and of the disposition of their cases; 

            (c) Allowing the views, needs and concerns of child victims to be presented and    considered in proceedings where their personal interests are affected, in a manner         consistent with the procedural rules of national law; 

            (d) Providing appropriate support services to child victims throughout the legal      process; 

            (e) Protecting, as appropriate, the privacy and identity of child victims and taking   measures in accordance with national law to avoid the inappropriate dissemination of    information that could lead to the identification of child victims; 

            (f) Providing, in appropriate cases, for the safety of child victims, as well as that of            their families and witnesses on their behalf, from intimidation and retaliation; 

            (g) Avoiding unnecessary delay in the disposition of cases and the execution of    orders or decrees granting compensation to child victims. 

2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim. 

3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration. 

4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol. 

5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences. 

6. Nothing in the present article shall be construed as prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial. 

Article 9                                                                                              ☐               ☐           ☒ 

1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to such practices. 

2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level. 

3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery. 

4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. 

5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol. 

Article 10                                                                                           ☐              ☐           ☒ 

4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes. 

Article 11                                                                                           ☐               ☐           ☒ 

Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: 

            (a) The law of a State Party; (b) International law in force for that State. 

  1. Impact on children and young people  (Guidance Section 2.2)

In relation to the UNCRC articles that you have ticked above, please explain how your relevant proposal will impact or currently impacts on individual or groups of children. Please give consideration to groups who may be considered at greatest risk of not having their right fulfilled. 

While all of the National Outcomes are universal and therefore apply to all children and adults, the Children and Young People (CYP) Outcome is clearly the most relevant, and can be seen as positively impacting children’s rights and wellbeing in several ways. 

The CYP Outcome, along with several other National Outcomes, both current and revised, are assessed as having a positive impact on children’s rights and wellbeing in line with the below Articles:

  • Article 2 – Non-discrimination

The National Outcomes do not discriminate against any specific groups of children, specifically referencing ‘all children and young people’ within the CYP Outcome.

  • Article 3 – Best interests of the child

The National Outcomes should inform all decision-making by public bodies in Scotland, and the CYP Outcome ensures that children’s best interests will be prioritised.

A new proposed National Outcome for Care recognises that ‘for some, such as young carers, caring and being cared for happen at the same time. The right support is available for young carers to ensure they can be children first and foremost’.

  • Article 4 – Implementation of the convention

The CYP Outcome specifically mentions protecting children’s rights. The language has been enhanced in the revised extended definition to ensure children’s rights are front and centre in the CYP Outcome.

  • Article 6 – Life, survival and development

The CYP Outcome extended definition emphases the importance of providing the conditions for children to be healthy and active, with the revised version recognising the parity of mental and physical health. 

  • Article 12 – respect for the views of the child 

The current CYP Outcome states ‘we include and involve children in decisions about their lives and world’ and the proposed version adds ‘provide opportunities for them to participate in decision making processes’.

  • Article 18 – parental responsibilities and state assistance

The current CYP Outcome mentions providing support for families when needed The revised version builds on this to emphasise that ‘families are supported as needed to raise their children in a nurturing and safe environment’. 

  • Article 19 protection from violence and abuse

The current CYP Outcome states that ‘our communities are safe places. The revised version enhances this by acknowledging the importance of online safety: ‘our communities – both physical and virtual – are safe places where children and young people are valued and treated with kindness’.

  • Article 20 – Children unable to live with their family

The proposed revised CYP National Outcome recognises that children who are care experienced require a nurturing and safe environment.

Further, a new Care Outcome aims to ‘improve the lives of children […] by ensuring high quality care’ and to ensure that ‘children looked after in the care system feel loved and nurtured throughout their lives and have everything they need to thrive.’

  • Article 23 – Children with a disability

The revised CYP Outcome recognises that every child and young person is an individual and that some children may face barriers that require special consideration. The current version emphases the importance of providing the conditions for children to be healthy and active, with the revised version recognising the parity of mental and physical health.

  • Article 24 – Health and health services 

The CYP Outcome extended definition emphases the importance of providing the conditions for children to be healthy and active, with the revised version recognising the parity of mental and physical health.

Additionally, the revised Health National Outcome emphasises the importance of ‘facilities that enable good health and access to healthcare [being] available in communities, including recreation and leisure, local health services and support services’.

  • Article 26 – Social security

The revised CYP Outcome states that ‘families are supported as needed’.

Additionally, the revised Reducing Poverty Outcome states ‘we support families who need it, to become financially secure so that children do not grow up in poverty’.

  • Article 27 – Adequate standard of living 

The proposed revised CYP National Outcome builds on the existing Outcome by emphasising that we need to ‘do all we can to ensure [children and young people] grow up in an environment of happiness, love and understanding, through which they can flourish’.

Additionally, the proposed Wellbeing Economy and Fair Work National Outcome aims to ‘reduce poverty and inequality and improve health and living standards across all of Scotland’. We are proposing renaming the current Poverty National Outcome to Reducing Poverty and specifically calling out the need to ‘tackle deep-seated and multi-generational child poverty’.

A new National Outcome is being proposed for Housing to reflect evidence that it is foundational to everyone’s wellbeing and of the importance of a secure, affordable, safe and suitable home to improving progress across other National Outcomes. The proposed Outcome states that ‘housing meets everyone’s needs, throughout all stages of life’.

  • Article 28 – Right to education; Article 29 – Goals of education

The current CYP National Outcome states ‘Our schools are loving, respectful and encouraging places where everyone can learn, play and flourish.’ The revised version enhances this by acknowledging that early years provision is also key to children’s learning and development and learning can happen in non-formal settings: ‘we enhance life chances through access to schools, early years provision and other activities that are caring, respectful and encouraging places where everyone can learn, play and flourish’.

Additionally, the revised Education and Learning National Outcome states ‘we provide excellent education for all our children and young people through an education system that meets everyone’s needs and prepares them for the future’. It also emphasises that schools need to ‘support good mental health and wellbeing and are inclusive places that can respond to diverse needs’. It also acknowledges that learning can happen in ‘many ways and settings’.

  • Article 31 – Leisure, play and culture

The revised CYP Outcome emphasises that children and young people should have access to ‘caring, respectful and encouraging places where everyone can learn, play and flourish’.

Additionally, the revised Culture Outcome extended definition emphasises that culture ‘flourishes, bringing social and economic benefits through broad ranging activities that are accessible to all’.

  1. Negative Impact/Incompatibility (Guidance Section 2.2)

If negative impact is identified in Question 5 above, can you elaborate on this and explain why impact is or will be negative? 

No negative impacts have been identified.

Are there any potential concerns about compatibility with the UNCRC requirements? Please explain these here. 

There are no concerns about UNCRC compatibility.

  1. Options for modification or mitigation or negative impact or incompatibility (Guidance Section 2.2)

What options have been considered to modify the existing legislation or decision or relevant proposal in order to mitigate negative impact or potential incompatibility issues?

No negative impacts or incompatibilities were identified within the existing National Outcomes. Nonetheless, feedback on how they can better support children’s rights and wellbeing has been taken on board in the development of revised Outcomes, as described throughout this assessment.

  1. Positive impact: Giving better or further effect to children's rights in Scotland (Guidance Section 2.2)

If positive impact is identified in Question 5, please reflect on and explain how your relevant proposal currently protects, respects and fulfils children’s rights in Scotland or will do so in future.

Your assessment may reveal that the policy/measure not only complies with the Articles of the UNCRC but takes things further and helps progress the realisation of children's rights in Scotland– i.e. gives better or further effect to the UNCRC in Scotland.

 

The National Performance Framework (NPF) is Scotland’s wellbeing framework, outlining a vision for national wellbeing and improved quality of life, with ‘increased wellbeing’ part of its purpose. Statutory National Outcomes reflect the values and aspirations of the people of Scotland.

The NPF combines measurement of how well Scotland is doing in economic terms with a broader range of societal wellbeing measures. The National Indicators incorporate a range of data – from social attitudes and perceptions to economic and environmental statistics – to paint a broad picture of Scotland’s performance. 

The NPF is not a policy or legislative measure, but rather a framework for collaboration and planning of policy and services across the whole spectrum of Scotland’s civic society, including public and private sectors, voluntary organisations, businesses and communities. The NPF therefore impacts the way that all Scottish Government policies, legislation and decisions are shaped.

The existing National Outcome with the most direct positive impact on children and young people is ‘Children and Young People’ which states ‘we grow up loved, safe and respected so that we realise our full potential’. The extended definition of the Outcome states:

‘We do all we can to ensure our children grow up in an atmosphere of happiness, love and understanding. We enhance their life chances through our early years provision and by supporting families when they need it. We ensure childhood is free from abuse, tobacco, alcohol, drugs, poverty and hunger. Our children are not left worried or isolated. We include and involve children in decisions about their lives and world, and protect their rights, dignity and wellbeing.

Our communities are safe places where children are valued, nurtured and treated with kindness. We provide stimulating activities and encourage children to engage positively with the built and natural environment and to play their part in its care. We provide the conditions in which all children can be healthy and active. Our schools are loving, respectful and encouraging places where everyone can learn, play and flourish. We provide children and young people with hope for the future and create opportunities for them to fulfil their dreams.’

The Outcome explicitly emphasises protecting children’s rights. It also illustrates specific ways that we aim to do this, reflecting a number of UNCRC articles, as outlined in Section 6 above. 

Guided by the evidence gathered during the Review, we have built upon the solid foundations provided by the existing National Outcomes, and the Children and Young People Outcome in particular, to propose changes that aim to improve children’s wellbeing and progress the realisation of children’s rights in Scotland.

The proposed revised text of the CYP National Outcome is ‘we grow up loved, safe and respected and every single one of us can realise our full potential’. The proposed extended definition reads:

We uphold the human rights of all children and young people and do all we can to ensure they grow up in an environment of happiness, love and understanding, through which they can flourish. We recognise that children and young people are not simply future adults but human beings in their own right. We treat every child and young person as an individual and acknowledge that some children may face barriers that require special consideration. We involve children and young people in decisions about their lives and world and provide opportunities for them to participate in decision making processes.

Children and young people have strong, healthy relationships with their caregivers, family and wider social network. Families are supported as needed to raise their children in a nurturing and safe environment, and we ensure the same for those children who are care experienced.

We enhance life chances through access to schools, early years provision and other activities that are caring, respectful and encouraging places where everyone can learn, play and flourish.

Our communities – both physical and virtual - are safe places where children and young people are valued and treated with kindness. We provide the conditions in which all children can be healthy and active, both mentally and physically. We provide children and young people with hope for the future and create opportunities for them to fulfil their dreams. We are committed to a childhood for every child that fully prepares them to live a full life.

  1. Impact on wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.2)

Please tick all of the wellbeing indicators that are relevant to your proposal. 

Wellbeing Indicator Will there be an improvement in wellbeing in relation to this indicator: yes/no
 
Safe - Growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential. This includes freedom from abuse or neglect.Yes
Healthy - Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices.Yes
Achieving - Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community.Yes
Nurtured - Growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity.Yes
Active - Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community.Yes
Respected - Being involved in and having their voices heard in decisions that affect their life, with support where appropriate.Yes
Responsible - Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision.Yes 
Included - Having help to overcome inequalities and being accepted as part of their family, school and community.Yes

Post Assessment Review and sign-off

  1. Communicating impact to children and young people (Guidance Section 2.2)

How will you communicate to children and young people the impact that the relevant proposal is having or will have on their rights?

A communications plan will be developed for the publication of the revised National Performance Framework, following the period of parliamentary scrutiny. The plan will consider all relevant audiences, including children and young people.

Providing information to children and young people on how their rights are being or will be impacted helps to ensure that policy-development is transparent. Are you publishing a child-friendly or accessible CRWIA?

An accessible version of the CRWIA will be published.

  1. Planning for the review of impact on child rights (Stage 3) (Guidance Section 2.2)

As part of the decision making process, plans for reviewing the impact on child rights need to be developed. 

  • How is the impact of the relevant proposal on child rights being monitored or how will it be monitored in the future? 
  • When will you review your CRWIA and complete Stage 3?

The statutory Review report has been laid in the Scottish Parliament. Parliamentary committees will now scrutinise the Review process and the proposed changes to the National Outcomes. It is likely that they will also review the impact assessments undertaken as part of the Review, including this one.

The National Outcomes are regularly reviewed as there is a statutory requirement to begin a review within five years of publication of each set of Outcomes. It may be appropriate for Stage 3 of the CRWIA to be completed during the next Review, alternatively, this Stage 2 assessment may be updated. 

Additionally, evidence gathered during the Review has indicated that better implementation of the NPF is needed and requires a cohesive, coordinated approach and continuous learning and improvement across the Scottish Government, the wider public sector and beyond. We have committed to publishing an Implementation Plan alongside the revised National Performance Framework that will set out the actions we will take to ensure that the NPF is used effectively and consistently to support decision making and delivery. This will be a further opportunity to consider how the NPF can support children’s rights and wellbeing.

Work is also underway to review and revise the current set of National Indicators, which help measure Scotland’s progress towards the National Outcomes. As with the development of the new National Outcomes, this process will consider the evidence from the Review, including that relating to children’s rights and wellbeing.

  1. Compatibility sign off statement (Guidance Section 2.2)

This relevant proposal has been assessed against the UNCRC requirements and has been found to be compatible.

Lesley Thomson, 2 May 2024

Deputy Director Signature & Date of Sign Off: David Fleetwood – 15th May 2024

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