The United Nations Convention on the Rights of the Child (UNCRC) was adopted in 1989. It has been ratified by all countries across the world bar the United States and places obligations on States parties (country governments) to take a range of measures to promote, protect and fulfil rights for children across most, if not all, areas of their lives. More than 35 years on, debates about children’s rights continue apace – for example, do children have the ‘right’ rights for a digital age; are children capable of enforcing their rights; and, in some quarters, should children even have rights to begin with?

The UNCRC is a significant legal document, but as we have seen across the globe in the last three decades, simply agreeing to be bound by its contents is not a panacea. Treaties in and of themselves do not effect change. Their effectiveness and impact on children’s lives are only as good as the actions that governments take to implement it. This is not about ‘making rights real’ – the UNCRC is very real, it is about ensuring that children are able to access their rights and that doing so has the intended outcomes.

In 2024, Scotland became the first part of the UK to directly ‘incorporate’ the UNCRC by making it part of its domestic law; in other words, giving the UNCRC legal effect in Scottish law. The UNCRC (Incorporation) (Scotland) Act (2024) incorporated the direct text of the UNCRC to the maximum extent possible within the powers of the Scottish Parliament, with the exception of reserved matters under the Scotland Act 1998. The Act’s provisions means that, among other things, the UNCRC can be used by the Scottish courts. The journey to incorporation in Scotland was not a smooth one with the UK Government challenging specific areas of the UNCRC (Incorporation) (Scotland) Bill in the UK Supreme Court in April 2021.

Scotland is the latest jurisdiction to join what is an increasing trend towards making the UNCRC directly part of domestic law in some form – ‘legal incorporation’. This trend is reflective of the ongoing challenges and concerns around implementation of the UNCRC to date internationally and the realities of children’s lives – one which can be seen in the persistence of, among other issues; high child poverty levels, child exploitation, cyberbullying, displacement, gender based violence, and discrimination.

Research conducted by Kilkelly, Lundy and Byrne in 2013 and 2021 suggests that those states in which the Convention has been incorporated in some way, are associated with a greater degree of implementation and cultural change. The way in which the UNCRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries. For example, in some countries (monist states), once the UNCRC is ratified, the Convention automatically becomes part of national law (for example, The Netherlands), whereas in others (dualist states), an act of parliament is required to transpose the Convention into the domestic legal order. This is the case for the UK, as demonstrated in Scotland. Of course, success in Scotland will be subject to how well the legislation itself is implemented in the years to come, but it does, at least, have more legal teeth for now.

In Northern Ireland, children’s rights concerns in recent years have centred around rights to: education; health and social care; participation, play and leisure; and protection from violence, abuse and exploitation. Incorporation Conversations is a collaborative project with the Northern Ireland Commissioner for Children and Young People (NICCY) which aims to support capacity building and develop evidence-based discussion around UNCRC incorporation. The series of four initial events, which run up to January 2026, will facilitate open – and undoubtedly challenging – conversations among key stakeholders on the role, benefits, challenges and barriers (actual and perceived) of incorporation in Northern Ireland, and ways of overcoming identified barriers. These stakeholders include children’s sector organisations, legal professionals, faith-based organisations, and practitioners.

The move towards direct incorporation of the UNCRC in Scotland has set a clear legal precedent, and barometer, for the rest of the UK to take children’s rights much more seriously.  What this could look like in Northern Ireland will be part of the discussions. Questions to be considered (among others) include the value added of UNCRC incorporation over and above the Human Rights Act (1998), how such an Act could be effectively monitored and enforced, and conflicts between devolved and reserved matters.  Research by Kilkelly, Lundy and Byrne indicates that there are a number of benefits to be had from incorporation – indeed, the process of talking through the issues can be critical in raising awareness of children’s rights more generally. Other benefits include ‘bringing rights home’ in a way that directly responds to the lived experiences of children and young people in Northern Ireland, and contributing to the development of a children’s rights culture. It would also play a key role in enhancing children’s access to justice. This is particularly timely given the Committee on the Rights of the Child is currently drafting a General Comment on children’s access to justice and effective remedies.

If we are to be serious about the incorporation of the UNCRC into domestic law, children and young people themselves must be at the heart of the debate. They are the rights-holders and must be given meaningful opportunities to shape how their rights are realised in practice. Over the past two years, NICCY has prioritised this principle by engaging directly with thousands of children and young people across Northern Ireland. NICCY has worked in close partnership with youth and community organisations to create inclusive and accessible platforms for participation. Our touring NI-wide Child Rights Exhibition in partnership with Libraries NI brought child rights conversations into 11 libraries, reaching almost 650 pupils from 125 schools. Through our Road to Rights Bus Tour, the Commissioner and staff travelled across the region to hear from children in their own communities, ensuring a wide and diverse range of voices were included. In the past 12 months alone, the Commissioner has engaged with over 16,000 children and young people—over 20,000 since taking up post. NICCY held a child rights webinar attended by more than 2,500 pupils from 85 schools, and as part of the Road to Rights tour, the Commissioner met over 250 young people from 32 schools and youth organisations.

Crucially, children and young people have not only engaged – they have made their views clear. Many have directly asked the Commissioner to “make the law stronger” to protect their rights. They have bravely shared lived experiences of how their rights have been violated, and how they have faced discrimination simply because of their age. Again and again, they have called clearly and consistently for the full incorporation of the UNCRC into Northern Ireland law. Their voices are echoed by youth organisations such as the Children’s Law Centre and the Northern Ireland Youth Forum, who have submitted strong and specific calls to government urging legislative change. Incorporation is not just a legal or policy reform – it is a demand from children and young people themselves to be taken seriously, to be protected, and to be heard.

Bronagh Byrne

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To find out more about the Incorporation Conversations, please contact Professor Bronagh Byrne, b.byrne@qub.ac.uk