Older children in conflict with the law in Scotland
The Children & Young People's Commissioner's office has published a new report on how Scots law complies with the UN Convention on the Rights of the Child (UNCRC) for children aged 16 and 17 in conflict with the law.
It’s been written by Kate Whiting, LLM student at the University of Edinburgh.
It looks at contact with the justice system because they are believed to have committed a crime— sometimes called children in conflict with the law.
And it asks if Scots law protects these children’s human rights, and if laws around their treatment comply with the UNCRC.
A Bill to incorporate the UNCRC – to make it part of Scots law – is currently before the Scottish Parliament. Incorporation means existing Scots law should comply with the Convention. If it doesn’t, it will be challengeable in Scotland’s courts.
The UN Committee on the Rights of the Child has said Scots law in this area currently isn’t compatible with the Convention, and our report agrees. It finds there are key ways in which Scots law does not work in the way that the UNCRC says it must.