Your Rights

Your rights are laid down by International and Scottish Law and by Government Policies.

The Children (Scotland) Act 1995

This is a very important law which came fully into effect on 1st April 1997. It gives children and young people more rights than before.

Standards in Scotland's Schools etc Act 2000

This Act gives children and young people rights in education for the first time.

UN Convention on the Rights of the Child

This is a very important document. It sets out in a number of statements (called articles) the rights which all children and young people up to the age of 18 should have. These rights apply to all young people wherever they live.

Aberdeenshire Council has promised to use the UN Convention on the Rights of the Child when providing services for children and young people.

The Convention says that children have 3 main rights which must be considered whenever any decision is being made about them, or any action taken which affects them.

Non Discrimination

All the rights in the Convention apply to all children equally, whatever their race, sex, religion, language, disability, opinion or family background (Article 2).

Best Interests

When adults or organisations make decisions which affect children, they must think first about what would be best for the child (Article 3).

The Child's View

Children and young people have a right to say what they think about anything which affects them. What they say must be listened to carefully. When Courts, Children's Panels or other official bodies are making decisions which affect children, they must listen to what the children want and feel (Article 12).

The Government has promised to stick to the terms of most of the UN Convention and to pass laws which take the Convention into account.

Other Important Rights

• You have a right to be protected from harm and to feel safe.
• You have the right to be respected as an individual and your difference should be valued.
• You and your parents should know what rights you have.
• You have a right to complain confidentialy. You should be given information on how to make a complaint and you should get help if you need it.
• You have a right to good basic care.
• You have a right to be included in any plans that are made for you and to have your views respected.
• You should be helped and encouraged to make good use of your education and career opportunities.
• You should get help and encouragement to avoid health risks and to lead a healthy life. You have an entitlement to good health care whatever your health needs.

These statements are in a government report called Another Kind of Home which looks at the position of children and young people in all kinds of residential care. Who Cares? Scotland have also produced a booklet on your rights, and some responsibilities you have when being looked after.