UNCRC - Supporting families webinar

How can the implementation of the UNCRC in Scotland help to solve the systemic problems of poverty and housing for families?

Parenting across Scotland (PAS) held a webinar on 20 January 2022 entitled ‘The UNCRC: supporting families’. This focused on poverty, housing and family support; how poverty, inadequate housing and lack of effective family support deny children their rights under the United Nations Convention on the Rights of the Child (UNCRC): and how the UNCRC (and more) might redress and protect children’s rights.

You can view the recoding on the PAS Youtube channel here

Background

The UNCRC supports families to bring up children: families are placed at the centre. It mentions the word ‘parents’ more times than it mentions the word ‘children’. It emphasises that families need to be supported in order to support children.

Its preamble states:

‘Convinced that the family, as the fundamental group of society and the natural environment for the growth and wellbeing of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding…’

Scotland intends to incorporate the UNCRC into domestic law as far as it is able to do so, and to this end passed the United Nations Incorporation on the Rights of the Child (Incorporation) (Scotland) Bill in 2021. This Bill has not yet become law as it was referred to the UK Supreme Court (UKSC) by the UK Government. In September 2021 the UKSC ruled that parts of the Bill were outside the competence of the Scottish Parliament powers. The Scottish Government now intends to return the Bill to the Scottish Parliament to amend it within competence.

Under the UNCRC, protections are put in place to prevent violations of children’s rights. This means that duty-bearers (States and their agents) must pay early attention to, and act upon, these protections. Incorporating the UNCRC into domestic law is vital for upholding, protecting and fulfilling children’s rights to the maximum.

The UNCRC sets out children’s rights relating to poverty, housing and family support in its Articles along with UN Committee General Comments. Case law from the UKSC shows how these have been interpreted at law. 

Speakers and presentations

The webinar brought together leading experts in Scotland to discuss how implementation of the UNCRC in Scotland can help to solve the systemic problems of poverty and inadequate housing that many parents and carers are facing, and how whole-family support must be part of the solution.

Poverty: Satwat Rehman, director, One Parent Families Scotland

Main points included:

  • Children living in poverty are denied their fundamental rights
  • Poverty is increasing and continues to rise
  • Nearly half of children in one parent families are living in poverty
  • Single parents are the most common family type likely to be in poverty: poverty does not fall equally
  • Single parent families are more likely to be living in poverty, and for longer. The typical profile of a single parent is a parent not in work. Single parents tend to be female; they are affected by the gender pay gap, low pay and insecure pay; and childcare responsibilities. All this limits employment opportunities and income
  • This limits the capacity for single parent families to support their children economically: these are structural issues relating to poverty, employment and childcare
  • We have a punitive social security system
  • Not all families face the same challenges: there is an intersection with inequalities relating to gender, black and minority ethnic (BAME) status and disability. The UNCRC gives the scope to capture multiple inequalities and offer rights-based rather than homogenised approaches
  • The UNCRC provides a family focus with the child at the heart. Incorporating into law means that we can challenge the breach of the human rights of children who are living in poverty. This gives a focus for anti-poverty work, and enhances and is the foundation for securing other rights to education, cultural life, housing, health and leisure
  • The focus on parenting aligns with The Promise
  • In looking at what we need to do, priorities are to:
  • Not simply implement the UNCRC provisions as a minimum but do the best we can for children
  • See that poverty is not inevitable now or for future generations
  • Concern ourselves with prevention: causes, impact, targets and ensure that the framework of the UNCRC is real and not simply intent without follow through
  • Follow the ten principles of family support in the Promise
  • Ensure coherence in how children and families are supported through the Promise
  • Be led by those with direct experience
  • Provide adequate social security protection
  • Reduce household costs
  • Mitigate child poverty through the social security system (The Scottish Child Payment is welcome)
  • Focus on parental employment, youth employment and training
  • Ensure children’s long-term access to housing, health and leisure

Housing: Alison Watson, director, Shelter Scotland

View presentation

Main points included:

  • Housing is a human rights issue. Housing to 2040 sets out the Scottish Government’s commitment: everyone to have a safe, good quality and affordable home that meets their needs in the place they want to be
  • Several articles of the UNCRC set out the right to an adequate standard of housing, and continuous improvement of housing conditions. This does not simply mean shelter – it means security, peace and dignity (see provisions above)
  • There is a considerable distance to travel in Scotland when looking at homelessness, evictions, affordability, conditions and location
  • Despite progressive legislation and rights to housing in Scotland, homelessness and hidden homelessness remain extensive
  • Formal homelessness statistics suggest that 32 children in Scotland become homeless every day
  • Homeless children are twice as likely to suffer from poor physical or mental health; twice as likely to be bullied; their mothers are three times more likely to be clinically depressed; miss out on a quarter of their schooling; are twice as likely to be excluded from school and to leave school with no qualifications
  • Children live unacceptably long periods in temporary accommodation: families spend an average of 341 days in temporary accommodation. If a family went into temporary accommodation today (January 2022), they would be there until after Christmas
  • Homelessness affects children’s rights under the UNCRC
  • High housing costs are a major cause of child poverty: high private rental costs and other housing running costs lead to arrears
  • Housing conditions are unsafe and overcrowded for too many
  • Families who find themselves in this position say that there is poor communication with public agencies, and they feel a lack of control
  • The gap between rights to housing and the reality of Scotland’s housing needs to be closed
  • In looking at what needs to be done, the overriding need is for more social housing to be built
  • We need to take a human rights-based approach to housing which empowers individuals; focuses on structural causes and injustices; and increases accountability of the individuals and institutions which are responsible for respecting, protecting and fulfilling human rights
  • 2022 marks ten years since Scotland’s 2012 commitment to end homelessness. Homelessness has continued to increase in that time. Fulfilling children’s rights to adequate housing will only be realised if we have enough homes

Family support: SallyAnn Kelly, CEO, Aberlour

Main points included:

  • The UNCRC explicitly recognises the role of parents, guardians and carers in children’s lives
  • Families need to be supported to fulfil their role. There is a clear overlap with poverty: 10% of Scotland’s poorest communities are 20 times more likely to come into the care of the state
  • There are ideological tensions about the role of the state, such as the extent of its role and legitimacy for intervening. The incorporation of UNCRC into law will overcome the vagaries of political ideology and give a state a reference point to say that it will not fall below these standards because it’s not acceptable and it’s not lawful
  • The UNCRC increases accountability to make sure that children’s rights are looked after
  • Children and their families may not know their rights: there needs to be a concerted awareness raising effort so parents and carers know their rights
  • There needs to be a coherent approach for families who need extra support: wherever they live in Scotland and whatever their needs and challenges. They should have a route to emotional, practical and financial support
  • Poverty in and of itself is an accelerant to poor health and social outcomes for children
  • Services need to be designed around families. However, we are seeing families who have been involved in state systems for years and who have never felt listened to
  • We need to introduce humility into how we work with and talk to families – that needs to shape the support that is then put in place
  • Families are often in crisis because of very straightforward things. Policymakers, decision makers and practitioners tend to use words like ‘complex’ and ‘complicated’ to describe what families need and what needs to happen. We make assumptions. But we need to ask people what their solutions might be. Their solutions are vastly different and much simpler than we workers assume
  • Putting money into pockets is not a silver bullet because there are so many other stresses. But we do need to look at systems, including those of the Department for Work and Pensions (DWP) and taxation such as Council Tax, and ensure that we take families with us to devise a coherent approach available across Scotland which is family-led
  • The Promise gives real direction and is an important development. It aligns well with the UNCRC
  • The National Care Service Consultation proposed moving children’s services into the new National Care Service but failed to consult with children and families. Had the UNCRC been incorporated into law, that could have been prevented
  • We are the change makers and if we can intervene earlier then we can prevent children being separated from families: we can honour their right to be brought up in a family context
  • We need to look at how best to nurture relationships for children in the care system: between them and their siblings and with their parents. Often decisions are taken without children. But they have the right to have relationships with their family. Most find their way home eventually so it is up to us to help them repair, restructure and recover these relationships
  • The commitment to children needs to be ongoing: this means unconditional support (and money) for children as they grow older up to 18 to 25, and beyond, just as we do for our own children
  • We need to learn from past mistakes and understand that that the UNCRC affects the structure of the state and all its bodies. It could be argued that Scotland’s legislation is very progressive but implementation has been patchy. So, incorporation will be challenging, and to be effective, has to be well resourced
  • For us to provide more and better support to children and families, we need a shift in mindset as much of what informs the structure of the state is prejudice and practices that look like a deliberate intention to shame those who are living in poverty
  • Using the UNCRC is important but there is already a duty under section 12 of the Children and Young People (Scotland) Act 2014 to provide support to families whose children are at risk of becoming looked after
  • Duties are often not enacted coherently because of prejudice and judgemental attitudes
  • The state can do harm and we need to challenge that harm. We need to be critical about how we challenge attitudes in our workplaces and in the wider community. We need to remind policymakers and practitioners of the need to change how we go about supporting families and children, and to look at providing services through the lens of the child rather than through the lens of the system
  • Incorporation of the UNCRC into Scots law can lead to the cultural shift needed for long-term change
  • The Promise aligns with the UNCRC, and will ensure we all take responsibility in engaging with families
  • Our services are based on failure-demand and we need to turn that around
  • People need to know their rights: services tend to come in when people don’t get them
  • Advocacy is vital for people to get their rights
  • However, you can have the best rights on the planet, in theory, but that does not make them a reality. We need political will and structural change
  • We need to shift away from the crisis of housing and homelessness: a crisis of our own making
  • Early intervention and prevention are vital: our state institutions have moved away from communities and developed a managerial approach: this needs to change
  • Families themselves say the solutions are simple: we describe them as complex and have complicated systems which are self-serving
  • Families tend to know what would make things better: we need to bring children and families into the discussion. Despite professional prejudice to the contrary, people living in poverty and other adverse situations can make the right decisions about what is best for children
  • We have the framework but we need to use it properly and without prejudice. The public duty-bearers need to look through the lens of children
  • There is a way through. We have to work together

Conclusions

  • Incorporation of the UNCRC into Scots law can lead to the cultural shift needed for long-term change
  • The Promise aligns with the UNCRC, and will ensure we all take responsibility in engaging with families
  • Our services are based on failure-demand and we need to turn that around
  • People need to know their rights: services tend to come in when people don’t get them
  • Advocacy is vital for people to get their rights
  • However, you can have the best rights on the planet, in theory, but that does not make them a reality. We need political will and structural change
  • We need to shift away from the crisis of housing and homelessness: a crisis of our own making
  • Early intervention and prevention are vital: our state institutions have moved away from communities and developed a managerial approach: this needs to change
  • Families themselves say the solutions are simple: we describe them as complex and have complicated systems which are self-serving
  • Families tend to know what would make things better: we need to bring children and families into the discussion. Despite professional prejudice to the contrary, people living in poverty and other adverse situations can make the right decisions about what is best for children
  • We have the framework but we need to use it properly and without prejudice. The public duty-bearers need to look through the lens of children
  • There is a way through. We have to work together

UNCRC PAS webinar series

This is the second in a series of PAS webinars about the UNCRC and families. 

You can read briefings and view previous events on the PAS website.

Our next webinar 'UNCRC - Right to play' will be held on Wednesday 30 March 2022, 2pm to 3.30pm. 

Hear Marguerite Hunter Blair, Chief Executive of Play Scotland and Professor John McKendrick, Glasgow Caledonian University discuss how the implementation of the UNCRC in Scotland can help children, young people and parents to realise their ‘right to play.’