THE Scottish Government has been told to “quickly” make relevant changes to the UN Convention on the Rights of the Child Bill so that it can pass through Holyrood.
SNP members debated a resolution on children’s rights during the party’s Saturday conference session.
In October, the Supreme Court ruled that the UNCRC Bill was “outside the competence” of the Scottish Parliament.
And now, SNP members have urged MSPs in Holyrood to “swiftly” make changes to the area of the Bill to allow it to pass.
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Previously, the Bill had unanimous cross-party support and passed through Parliament easily.
Ruby Zajac moved the motion and said that the Bill aims to put an “onus on all public authorities to respect childrens rights” and that this would have included the UK.
Noting the Supreme Court’s decision, Zajac asked “who were they protecting?” and that UK authorities should be held responsible for their policy decisions and the effect they have on children.
This includes the 31% of children in the UK living in poverty, the 46% of black and ethnic minority children living in poverty and the 49% of children living in one parent households in poverty.
Zajac (pictured) added: “The bill aims to ensure Scottish courts interpret the law in a way that protects children's rights. The Supreme Court felt this could lead to us reinterpreting British laws in Scotland, changing them in defence of children's rights.
“The bill also wanted to give the courts in Scotland power to strike down laws that obstruct children's rights.
“But God forbid we try to strike down laws like the heinous nationality and borders bill, the bedroom tax or the rape clause.
“Conference, we must amend the bill and pass it quickly so that at the very least our laws and our public authorities here in Scotland are held accountable to our children.”
Jeanette Miller, a Young Scots for Independence (YSI) member, who has a care experience background described adults in her life as “decision makers”.
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She told delegates how there were multiple times in her life when those tasked with her care refused to listen to her or made decisions on her behalf, including not allowing her and her sister to go to their own fathers funeral.
Miller said: “If the rights of the child under the UNCRC Scotland bill were implemented when I was making my way through the care system, I would have been able to hold the decision makers to account for not respecting my views and my wishes and breaking one of the most important children's rights of all, Article 12, which states I have the right to be listened to and to be taken seriously.
“Unfortunately, for most of my care journey this was not the case.
Miller told delegates about her personal experiences in the care system
“Children’s rights being incorporated into Scots law is monumental, a monumental step, and the spirit of this legislation has focused on equality, fairness and well being.
“Conference, as we progress on our pathway to and to be an independent nation, we simply must continue to champion the rights of the child and continue to strive for fairness.
“We must continue to put the rights of children and young people at the centre of this process and beyond.”
Alison Thewliss, SNP MP for Glasgow Central, also spoke in favour of the motion and said the UK Government appears to fear having the UNCRC Bill incorporated into Scots law would “undermine some of their policies”.
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She added: “Well, fellow delegates if this worthy and laudable cross party all party action by our parliament in Edinburgh helps to undermine pernicious and discriminatory policies, like the two child limit and the rape cause which stands part of it, then all the better.
“As the resolution says the Scottish Government must now act swiftly to incorporate what they can.
“And we must all work for independence to ensure no government in Westminster can ever again try to remove the rights we wish to grant our youngest citizens.”
SNP MSP Kaukab Stewart also supported the resolution and called on the Scottish Government to continue “working at pace” to address the areas highlighted by the Supreme Court and “avoid further challenge”.
The resolution passed overwhelmingly with 379 votes for and one against.
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