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But if I hadn’t had a good worker and advocacy worker I wouldn’t have ended up here or have known my rights especially my right to spend time with my brothers and sisters.
Professionals don’t always know what children in care and care leavers are entitled to. This can have severe impacts on children and young people, who rely on carers and other professionals to help them navigate the system. Children’s rights are important because they help young people grow up happy and healthy. Rights are about making sure people are treated well, have a voice and get a fair deal. They set out what is needed for people to live well. Understanding the rights of the young people you work with is vital for you to best support them. There is a lot of information out there, but this can be overwhelming for young people. This is why it is important that the people who have a duty of care for care experienced young people understand their rights. It is essential to know how to access them, and what to do if those rights are compromised so that young people are informed at every stage of their care experience.
Children's rights are human rights and knowing these rights will allow you to advocate on their behalf and encourage young people to understand their rights so they can stand up for them and the rights of others.
Rights need to be protected and someone needs to make sure that they are respected. In Scotland that is the children & young People’s Commissioner.
In 2001, The Scottish Parliament decided that Scotland should have someone who works to look after their rights after consulting with children and young people. The commissioner represents young people up to the age of 18 or 21 if they’re care experienced. The Commissioner's job is to protect and promote young people’s rights and they are independent of the Government or Parliament.
The Commissioner works to make sure that young people and other people know about their rights and that people making decisions - for example local councils or public bodies like the NHS and Police - have your best interests at heart. The Commissioner will also speak out if they believe children or young people aren't getting a fair deal and where improvements could be made.
In Scotland, the UNCRC was embedded in law in 2024, giving more rights to young people and placing more responsibility on the people with a duty to protect care experienced young people. The UNCRC is made up of articles which explain the rights in more detail. 42 of 54 articles apply directly to children and young people. There is a “child-friendly” version of the bill which can be found here.
The Children (Care and Justice) (Scotland) Act 2024 effects important changes to how children are cared for and treated in our criminal and civil justice systems. This includes greater emphasis on the physical and emotional safety of children within the criminal justice system in line with the UNCRC. More information is available below.
You can also support a young person to access their rights and to understand them better through an advocacy worker. This can be especially useful if a young person does not understand the rights they hold. Advocacy workers have a good knowledge of the care sector and how to influence change and access rights or challenge decisions.
Interested in learning more? If you would like to find out more about rights and what the Commissioner does, please visit www.cypcs.org.uk
To get in touch with the Commissioner and team, phone 0131 346 5350 or free phone number 0800 019 1179 this number is for young people to use, or email inbox@cypcs.org.uk
Young Scot InfoLine
If a young person has a question and doesn't know who to turn to, they can call Young Scot InfoLine. They can ask anything from how to get charges back from the bank to dietary advice. All calls are confidential and are FREE.
Phone Young Scot InfoLine on 0808 801 0338 (Mon to Fri 10am - 6pm) or visit their website.
Article 12
Is a young-person-led network that works to promote young people's participation and information rights.
Children's Parliament
www.childrensparliament.org.uk
Scottish Child Law Centre
Free legal advice for under 18s – they can help with any questions about the law.
Together (Scottish Alliance for Children's Rights)
Is a charity with over 340 members, including other charities, schools, and lots of people who work with children. Together raises awareness and understanding of children's rights, and works to make sure that the rights of every child and young person in Scotland are met.
UNICEF
Is the United Nations agency that promotes children's rights all over the world.
The Children (Care and Justice) (Scotland) Act2024
This legislation effects important changes to how children are cared for and treated in the Scottish criminal and civil justice systems. You can find out more in this briefing from the Children and Young People’s Centre for Justice (CYCJ).
Restorative justice provides safe communication between people harmed by crime and those responsible for the harm, to find a positive way forward.
Relational practice means adapting to each young person’s lived experience. For young people of colour, ethnicity, race, and religion can shape how they are treated and how they see themselves. This section supports practice with young people who are Black, Asian, or from other ethnic minorities.
