Following the Supreme Court decision, the Scottish Government will make amendments to ensure the UNCRC Bill can come into effect.

The UNCRC (Incorporation) (Scotland) Bill, which would apply the UN Convention on the Rights of the Child (UNCRC) across all devolved areas, was passed unanimously by the Scottish Parliament in 2021. However, it was referred to the Supreme Court, which found aspects of the proposed law were outwith the powers of the Scottish Parliament. The Scottish Government have confirmed their intention to make amendments that will enable the bill to come into effect (this link will take you away from our website).

Immediately following the decision, the Scottish Government requested that the UK Government make the necessary changes to devolution to allow the bill to take effect as intended. The UK Government declined to do so, and so the Scottish Government will now bring the bill back to the Scottish Parliament for amendment. Before doing so, they will be engaging with stakeholders including COSLA as well as children and young people themselves over a three week period.

A full statement by Deputy First Minister John Swinney, explaining the next steps in more detail, can be found on the Scottish Government’s website (this link will take you away from our website).

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Published: 03/03/2025

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