Legal experts to
teach basic rights in schools
Andrew Denholm Home Affairs Correspondent
The Scotsman 6th Sept 2002
CHILD law experts are to visit schools
across Scotland in a new initiative to teach pupils their basic
legal rights.
Staff from the Scottish Child Law Centre will travel to schools
advising first and second year children on everything from what
age they can start a paper round, to what to do if they get in
trouble with the police.
They will also tell 12- and 13-year-olds what hours they are
allowed to work, what rights to confidentiality they have when
visiting the doctor and how to instruct a solicitor.
The pilot project, which will be operating in half of Scotlandís
32 local authority areas - beginning this week in Edinburgh -
has been set up after concern that most children under 16 are
unaware of their legal rights.
Childrenís rights north of the Border have expanded rapidly in
the past decade, including that of being heard by adults and
access to personal records.
Katy Macfarlane, policy and education officer with the Scottish
Child Law Centre, is hopeful that the project will eventually be
absorbed into the curriculum.
Ms Macfarlane said: "Children have never had as many rights as
they currently do, but most children simply donít know what they
are. Many parents and teachers donít know what rights children
have either.
"We decided we needed to get out to Scotlandís schools to raise
awareness, because there is no-one else doing this at the
moment.
"Children are very vulnerable before they reach the age of 16,
because they donít have some basic rights enjoyed by adults,
like a minimum wage, so people can take advantage of them."
Ms Macfarlane said rights governing the world of work were
particularly important. She is also concerned that children can
be intimidated in situations where they are interviewed by the
police, visiting a doctor or are being dealt with by childrenís
panels.
She said: "Children should know what powers they have when they
are interviewed by a police officer or if they appear before a
childrenís panel, or when they visit a doctor wanting to obtain
information about a difficult subject such as contraception."
Fiona Miller, principal solicitor for the Scottish Child Law
Centre, said that, ultimately, she envisaged the package being
taught in schools as part of the curriculum.
She added: "If we want a society where our children are
genuinely informed of their rights, then it needs to be put on a
much more official footing."
Peter Green, acting assistant principal of guidance at
Tynecastle High School, in Edinburgh, the first school to be
visited by centre staff, said: "This is a practical way of
getting across to young teenagers how the law works and affects
them."
The young have protection too
They have the RIGHT to consent to, or refuse, medical treatment:
If children of any age under 16 are deemed to have the necessary
level of understanding by a qualified medical practitioner, they
have the right to refuse medical treatment, even if the illness
is life-threatening.
RIGHT to instruct a solicitor: Children of any age deemed to
have an appropriate level of understanding have the right to
instruct a solicitor to act on their behalf in civil or criminal
matters.
RIGHT to a fair trial: Children have the right to a trial heard
by an independent and impartial body.
RIGHT to appeal against exclusion from school: If a child feels
he or she has been unfairly excluded they have the right to
appeal, if over 12, to a local authority committee or sheriff
court.
RIGHT to be heard: Children have the right to a say in major
decisions which are taken about their future by adults, such as
moving house or emigrating.
RIGHT to confidentiality: Children have a right to
confidentiality, for example, where they are reporting incidents
of sexual abuse or where they visit a doctor.
RIGHT to access personal records: Children can access health,
school and social work records if they so wish.