children’s rights legislative reform

Legislative Reform in Devolved States - Childrens Rights Reform

The legal context for implementation of international law

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Legislative Reform in Devolved States

Devolution of power, observed in various countries worldwide, entails the transfer of certain legislative powers from central government to regional or subnational governments. This decentralisation of authority significantly influences legislative processes, particularly those concerning children's rights. Examples from countries such as the United Kingdom, Canada, Spain and Belgium provide insights into the implications of devolution on legislative reform processes.

Implications for children’s rights legislative reform in devolved States

Devolution grants regional governments, such as those in Scotland (UK), Wales (UK), Quebec (Canada), Catalonia (Spain) and Flanders (Belgium), greater autonomy in shaping legislation related to children's rights. This autonomy empowers regions to develop laws tailored to address specific local needs and priorities.

Devolution often results in policy and legislative divergence between different regions within a country. While the central government may enact legislation impacting children's rights across the nation, regional governments may opt for different policies or enact separate legislation, leading to variations in legal protections for children.

Devolved governments facilitate enhanced representation and participation in legislative processes. Regional parliaments, such as the Scottish Parliament, Welsh Parliament (Senedd Cymru), National Assembly of Quebec, Catalan Parliament and Flemish Parliament, allow for the development and enactment of legislation tailored to regional contexts. This fosters more nuanced and culturally sensitive approaches to children's rights.

Challenges of Coordination: Devolution introduces challenges related to coordination and coherence in children's rights legislation across regions. Divergent legislative frameworks may complicate efforts to ensure consistent protection and promotion of children's rights, particularly in addressing cross-regional issues.

Devolution offers opportunities for more inclusive decision-making processes. Regional governments can engage with local communities, civil society organisations, and children themselves in shaping legislative reforms. This participatory approach helps ensure that legislative changes reflect the diverse needs and perspectives of children and families across different regions.

Devolved powers include control over budgetary allocations, which impact the implementation of children's rights legislation. Regional governments may allocate resources differently, leading to variations in service provision and support for children and families across different regions.

The devolution of power, as can be observed by countries such as the United Kingdom, Canada, Spain and Belgium, has significant implications for children's rights legislative reform. While it provides opportunities for tailored and responsive legislative approaches, it also presents challenges related to coordination, policy coherence and resource allocation. Effective collaboration and coordination between regional governments and central authorities are essential to ensure consistent protection and promotion of children's rights across the country.

Sources: McCall-Smith, 2023; Parizeau, 1995, Croke & Hoffman, 2022; UNICEF, 2007.

Donnelly (2023) – The United Nations Convention on the Rights of the Child (CRC) (Incorporation) (Scotland) Bill, aimed at directly incorporating the CRC into Scots law, faced a Supreme Court challenge due to concerns about its compatibility with devolved powers under the Scotland Act 1998. In 2024, the Bill was successfully passed. (See further HOW section).

Implications of Devolution:

  • The Supreme Court's restrictive interpretation of devolved legislative authority in Scotland limits the scope of the incorporation Bill. This constraint highlights the challenges in reconciling devolved powers with the incorporation of international treaties.
  • The challenge underscores the tension between regional legislative autonomy and the need for legal coherence within the broader legal framework of the United Kingdom. Devolution introduces complexities in ensuring consistent protection of children's rights across different regions.
  • Devolution may lead to divergence in policy and legislative approaches between regions within the UK. While Scotland has managed to incorporate the CRC into Scots law, challenges remain in aligning such initiatives with the broader UK legal system.
  • Devolution complicates legislative reform processes, particularly concerning issues like children's rights. While regional governments seek to enact laws tailored to local needs, they must navigate constitutional constraints and ensure compliance with broader legal frameworks.
  • Addressing devolution issues requires collaborative efforts between regional and central governments to reconcile legislative autonomy with legal coherence. Such collaboration is essential to ensure consistent protection and promotion of children's rights across the UK.
  • The Supreme Court challenge to the CRC (Incorporation) (Scotland) Bill highlights the complex interplay between devolution and legislative reform concerning children's rights. Resolving devolution issues requires collaborative approaches to reconcile regional autonomy with legal coherence within the broader United Kingdom context.