Our response to this consultation draws together our research evidence, and policy and practice knowledge and is centred on our recent engagement with six young people, aged 19-22, currently residing in HMP & YOI Polmont, a young offender’s institution (YOI) in Scotland. They have all been in custody for a significant period, and have been in the YOI since before they turned 18.
As the care and justice systems are devolved to Scotland within the United Kingdom’s constitutional arrangement, our response is focused solely on the Scottish context. Central to this, is the recent and very welcomed incorporation of the United Nations Convention on the Rights of the Child into Scots Law, which came into effect on July 16, 2024, and hereafter referred to as the Incorporation (Scotland) Act.
Position Summary
CYCJ very much welcomes this concept note for General Comment 27 and strongly endorses many aspects of it. In particular, acknowledging the importance of access to the courts, while also exploring how a child might access justice outside formal legal proceedings, and the mechanisms needed to facilitate meaningful participation of the child throughout. Likewise, the emphasis placed on the participation of children in the design of access to justice processes and remedies is welcomed.
A broad understanding of access to justice which includes judicial and non-judicial mechanisms, is supported by well-resourced and child-friendly procedural supports, and is underpinned by core principles like participation, will be essential to ensuring children can genuinely access remedy if needed.
From our discussion with the group at Polmont, and our wider research and practice knowledge, we believe this needs to be a key focus for Scotland, and the wider UK, moving forward.