Balancing the rights of parents and children: The Children (Scotland) Bill 2019

Barnes Macfarlane, L.-A. (2019) Balancing the rights of parents and children: The Children (Scotland) Bill 2019. Technical Report. Scottish Parliament, Edinburgh.

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This report, produced on 31 October 2019, provides an introduction to two international treaties: the European Convention on Human Rights (‘ECHR’) and the UN Convention on the Rights of Child (‘UNCRC’). It explains the impact of both conventions throughout the field of Scottish Family Law. The report then examines the compatibility of the current provisions of Part 1 of the Children (Scotland) Act 1995 (‘the 1995 Act’) with the ECHR and the UNCRC. The focus of this report is those sections that have raised, or may raise, issues in terms of children’s and/or parents’ rights, and key areas covered in the 2018 Scottish Government Review of Part 1 of the 1995 Act (‘the Review’) and the Family Justice Modernisation Strategy. Thereafter, consideration is given to those proposals contained in the Children (Scotland) Bill 2019 (‘the Bill’) relating primarily to Part 1 of the 1995 Act. The report evaluates the consequences that the provisions of the Bill may have upon the rights of children and their parents.

Item Type:Research Reports or Papers (Technical Report)
Glasgow Author(s) Enlighten ID:Barnes Macfarlane, Dr Lesley-Anne
Authors: Barnes Macfarlane, L.-A.
College/School:College of Social Sciences > School of Law
Publisher:Scottish Parliament
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