What are my/my child/young person’s rights?

The UNCRC is an international treaty that defines the human rights of children and young people under the age of 18. It lists a comprehensive list of children’s rights and is based on four general principles, these being;

· Non-Discrimination

· Best Interests of the Child

· Right to Life, Survival and Development

· Right to have views heard and respected

In 2021 it was voted, by decision makers within the Scottish Parliament, to put the children’s rights outlined in the UNCRC into Scots Law. This is known as UNCRC incorporation.

The bill supporting incorporation within Scots Law was passed and became law in January 2024. The bill is known as the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. Putting this in law, when it comes to education, means that local authorities, schools and teachers have a legal responsibility to comply with the children’s rights outlined in the UNCRC. Articles 28 and 29 focus on a child’s rights to an education, and on the quality and content of education.

You can find out more about the incorporation of UNCRC in the animation below:

UN Convention on Rights of a Child (UNCRC) – UNICEF UK

The Equality Act protects people against discrimination based on protected characteristics, one of these being disability, in areas such as education, services and employment.

Disabled children and young people have some extra protections under the Equality Act. Schools and local authorities have a duty to make reasonable adjustments and must not discriminate (directly or indirectly), for example, not treating disabled children and young people less favourably or implementing policy or practice that puts individuals at disadvantage.

Ultimately focusing on inclusion and equality. In education, equality is not about treating everyone the same but considering individual needs to offer equal opportunity to develop to their fullest potential.

Equality Act (2010) | Resources | Education Scotland

Equality_Act_Advice_Final.pdf

Equality Act 2010

This Scottish Law provides a legal framework for public bodies to work together to promote the wellbeing of children and families through accessing the right support at the right time, and encourages more integrated, rights-based system that considers a child’s views in decisions that affect them. Ultimately, supporting every child and young person to develop to their fullest potential.

The core principles of the act are rooted in Getting it Right for Every Child (GIRFEC). GIRFEC is an approach and framework that seeks to improve and uphold the wellbeing of children and their families. It helps everyone working with children and young people to support them to become;

· Confident Individuals

· Effective Communicators

· Responsible Citizens

· Successful Learners

GIRFEC promotes 8 wellbeing indicators known as SHANARRI which are used to understand a child or young person’s wellbeing at a given time. These wellbeing indicators should be considered within an educational setting. As well as this GIRFEC offers a national practice model, which encourages a clear point of contact for a child and family, as well as promote and support consistent approaches to planning a child’s support.

Types of plan – Education Scotland

Within Scotland the national curriculum is known as the Curriculum for Excellence, which covers everything that is planned for children and young people throughout their education, helping them to gain the knowledge, skills and attributes needed for life.

The curriculum for excellence places children and young people at the heart of education and recognises the lifelong nature of education and learning.

Education (Additional Support for Learning) (Scotland) Act 2004 provides a legal framework for identifying and supporting children and young people in Scotland. Sometimes this can be referred to as the ASL Act.

Additional support needs refers to when a child requires extra or different support compared to other children their age, and it states local authorities must give each child the support they need to fully benefit from education. It recognises that every child’s situation is different, and extra or different support may be required either short or long term for different reasons. This means that a child or young person does not need a diagnosis to be able to access extra or different support.

The act therefore promotes inclusion, but it also promotes collaboration among agencies, and gives parents specific rights regarding their child’s education, including access to dispute resolution and tribunals.

Education (Additional Support for Learning) (Scotland) Act 2004

Additional support for learning: statutory guidance 2017

Enquire – What the law says about additional support for learning

Enquire is Scotland’s advice service for supporting parents and carers of children and young people with additional support needs with challenges in education. Their website includes information on the rights of parents/carers and young people.

Understanding my child’s rights to support – Enquire

Govan Law Centre’s Education Law Unit is Scotland’s expert legal resource, offering advice to anyone in Scotland. The unit focuses on tackling discrimination, promoting human rights and the rights of disabled children and children with additional support needs.

Govan Law Centre – Education Law Unit

Scottish Child Law Centre is a hub protecting all children’s rights in Scotland in a lot of different life situations. They are able to provide free advice about Scots Law relating to children and young people in relation to education, additional support needs, health, residence, youth offending, accessing records, confidentiality, social work and children’s rights more broadly.

Scottish Child Law Centre

Let’s Talk ASN is a Scottish Government funded service for parents of children and young people with additional support needs. They can support parents and carers with regards to rights and participation.

Let’s Talk ASN Scotland – Barnardo’s

Salvesen Mindroom provide information and support and advocacy to parents and young people around their rights and participation in education in Scotland.

Rights and Participation – Mindroom

My Rights, My Say is a Scottish service supporting 12-15 year olds with additional support needs in being involved in decisions which affect them in their education.

My Right, My Say