
United Nations Convention on the Rights of the Child – 2 years on
When the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act came into force on 16 July 2024, Scotland took a historic step. The Chair of the UN Committee on the Rights of the Child described it as “the best piece of children’s rights legislation in the world”. It moved children’s rights from promise to legal duty.
When the Bill first passed, I said it would improve life for all children, but that children whose rights are most at risk would feel the biggest impact. Two years on, that remains the test: whether children are safer, are heard earlier, supported better, treated equally, and able to challenge decisions that harm them.
For SCLD, this anniversary matters deeply. Our vision is of a fairer Scotland where people with learning disabilities live full, safe, loving and equal lives. That includes children and young people with learning disabilities; young people with learning disabilities moving into adult systems; and children whose parents have learning disabilities and need accessible support.
UNCRC incorporation ensures that children whose rights are most at risk must be prioritised. Decisions must start with what is best for the child, not what is easiest for the system. Children must be safe, supported to grow, listened to with respect, and given real influence. For children with learning disabilities, this means dignity, belonging, family life, participation, education, health, play, culture, and support to live a full life. Public bodies must use available resources to make the maximum extent possible, and when things go wrong there need to be accessible routes to an effective remedy.
The UN Convention on the Rights of Persons with Disabilities strengthens that message. Disabled children are not an afterthought or a specialist exception. They are rights holders. Their lives, voices, families, education, health, homes, safety and futures must be at the centre of public decision-making. While two years of UNCRC incorporation should be celebrated, we need some real urgency on the much delayed Human Rights Bill which promises to bring UNCRPD into the same legal effect in Scotland.
That is why SCLD’s Rights. Equality. Inclusion. work is connected to UNCRC implementation. Our 12 Point Plan for Change calls for stronger human rights protections, better health outcomes, independent living, social care reform, and inclusive communities.
Independent living begins in childhood. Children with learning disabilities have the right to grow up included, connected and supported in their families and communities. Transition into adulthood must not mean isolation, inappropriate care, or a future planned without them.
Health is a rights issue. Annual health checks for people with learning disabilities aged 16 and over are about prevention, dignity and equal access to healthcare. Supported parenting is a rights issue too. Children have the right to grow up safely and loved, and parents with learning disabilities have the right to accessible information, practical support, family life and freedom from discrimination.
Participation is a right, not a favour. Children and young people with learning disabilities must be supported to express their views in ways that work for them. That means time, trust, communication support, advocacy, and decision-makers who listen and respond.
Two years on, Scotland should be proud of the UNCRC Act. It is world-leading. But human rights leadership is measured in implementation. Children told us that rights are “help before you even ask”. For SCLD, the challenge is clear: to make sure children and young people with learning disabilities, or with learning disabled family members are not left at the margins of Scotland’s children’s rights story, but placed where they belong, at the centre.

