The SHRC has the power to start legal proceedings in its own name where we consider that a public authority has unlawfully failed to comply with the United Nations Convention on the Rights... (Incorporation) (Scotland) Act 2024 (“UNCRC Act”). The UNCRC Act makes the rights of children part of the domestic law of Scotland and therefore directly enforceable in the Scottish courts. You can... the Commission only has this power in relation to the rights contained in the UNCRC Act.
The Commission has made a submission to a public petition at the Scottish Parliament, PE 1372, which calls on the Parliament to urge the Scottish Government to demonstrate how access to the Scottish courts is compliant with the Aarhus convention on ‘Access to Justice in Environmental Matters’.
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