Estimated reading time: 4 minutes
Human Rights are fundamental rights and freedoms that belong to every person in the world, regardless of nationality, sex, gender, ethnicity, religion, or any other status. These rights are based on shared values like dignity, fairness, equality, and respect. The Universal Declaration of Human Rights (UDHR) adopted by the United Nations (UN) in 1948, outlines the basic rights that should be afforded to all individuals, including the right to life, liberty, and security, as well as the rights to education, work, and freedom of expression.
Children’s rights, a subset of human rights, focus specifically on the unique needs and vulnerabilities of children. The United Nations Convention on the Rights of the Child (UNCRC) was adopted in 1989. It recognises that children require special protection and care due to their age and developmental stage. The UNCRC outlines various human rights, including the right to survival and protection from abuse, the right to education and the right to play, among many other rights. These rights emphasise the importance of nurture and education to ensure children grow into healthy, active members of society.
In July 2024, Scotland was the first of the four nations of the United Kingdom to incorporate the UNCRC. This means children’s rights are now protected under Scots Law. This was celebrated as a historic moment: Scotland was leading the way.
The Human Rights Bill for Scotland was due to be introduced to the Scottish Parliament in June 2024, which would have seen similar human rights for adults protected by Scots Law, the same as children’s rights. However, in September 2024, it was announced that the Bill will no longer be introduced in this year’s legislative programme.
The purpose of human rights is to ensure all humans enjoy the protection and freedoms they deserve, without discrimination. Why, then, is Scotland delaying this important Bill? Are adults less important, or less deserving, than children?
The delay is unacceptable. In a world where we know women are disproportionately discriminated against, this delay means our human rights are not being upheld in line with international human rights obligations and treatises. In particular, while the Bill is delayed and until it is part of Scots law, women are not able to fully rely on the updated rights afforded to them by The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)*.
This unacceptable delay undermines the protection of our fundamental rights which are crucial for fostering a just and equitable society. Whilst it is believed the proposed Human Rights Bill for Scotland will be part of the legislative programme for 2026, there is nothing to stop a further delay. Therefore, it is important we all use our voice. Contact your MSP and make your views known. It is great that the UNCRC is now part of Scots Law, but do our rights stop being important when we reach adulthood? Answer: No, they don’t.
Often referred to as the ‘women’s bill of rights’, CEDAW spells out in detail women’s human right to equality and non-discrimination, including minimum standards for women’s rights in work, education and marriage, the economy, and many other areas. Because CEDAW is not incorporated into Scots law, women are unable to take a case to the UK or Scottish courts on the basis of a breach of their rights under CEDAW. This ultimately means that young women in Scotland continue to face significant barriers to equality and the realisation of fundamental human rights.
Elsie Ong is featured on 30 Under 30 2024. Read more about her on her profile.
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