PART 1Rights of children

4Interpretation of Part 1

1

In this Part—

  • “the rights of children” includes the rights and obligations set out in—

    1. a

      the UNCRC,

    2. b

      the first optional protocol to the UNCRC, and

    3. c

      the second optional protocol to the UNCRC,

  • “the UNCRC” means the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989,

  • “the first optional protocol” means the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,

  • “the second optional protocol” means the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography,

  • “the UNCRC requirements” means the rights and obligations set out in—

    1. a

      Part 1 of the UNCRC,

    2. b

      Articles 1 to 6(1), 6(3) and 7 of the first optional protocol, and

    3. c

      Articles 1 to 10 of the second optional protocol.

2

A reference in subsection (1) to a UNCRC document is to be read as a reference to that document subject to—

a

any amendments in force in relation to the United Kingdom at the time, and

b

any reservations, objections or interpretative declarations by the United Kingdom in force at the time.

3

In subsection (2), “UNCRC document”—

a

means the UNCRC or any optional protocol to the UNCRC, and

b

includes provision of a UNCRC document.

4

Where subsection (5) applies, the Scottish Ministers may by order modify subsection (1) as they consider appropriate to take account of—

a

an optional protocol to the UNCRC, or

b

an amendment of a document referred to in subsection (1) at the time.

5

This subsection applies where the protocol or amendment is one which—

a

the United Kingdom has ratified, or

b

the United Kingdom has signed with a view to ratification.

6

No modification may be made by an order under subsection (4) so as to come into force before the protocol or amendment is in force in relation to the United Kingdom.