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Entries in UNCRC (1)

Tuesday
Sep202011

Children's Rights Bill consultation

Angela ConstanceThe importance of involving fathers in family life was emphasised at the first of a series of Scottish Government consultations on the proposed legislation to incorporate Children's Rights into Scottish legislation.

In responding to a question from Families Need Fathers Scotland, Angela Constance the Minister for Children and Young People agreed that fathers need to be taken into account and this was reaffirmed in a poll of the 100+ audience at the event.

The new legislation adopts an approach based on the UN Convention of the Rights of the Child (UNCRC), including alignment of domestic legislation with the UNCRC.   Families Need Fathers Scotland will participate in this process, stressing the importance of article 9:

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

For those unable to attend the consultation events, an online consultation is being carried on the Rights of Children and Young People Bill , response due by December 1st.  This legislation will go through the Scottish Parliament during the 2012/2013 session. 

It will be followed by a bill on Children's Services, which may amend and update the Children (Scotland) Act 1995.  FNF Scotland will be seeking this or an earlier opportunity to deal with the anomaly concerning rights of unmarried fathers as raised in the Principal Reporter v K Supreme Court judgement.