1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.  

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. 

Example: 

Black and minority ethnic young people are increasingly taking action to secure their rights at school in Scotland. Many schools are encouraging learners to talk about and challenge racism through anti-racist school clubs. However, even where no formal opportunities to do this exist, learners are able to identify and campaign about injustices affecting them. For example, a Scottish school’s decision to ban durags (headscarves particularly worn by boys and men of African heritage to protect their natural hair from tangling and breaking) was challenged by learners, who identified this as discriminating against pupils from particular minority ethnic backgrounds. The school revised the policy after the pupils’ campaign. 

Reflections for anti-racist practice... 

• Are all learners’ rights upheld to the same degree in our school/education setting, in practice rather than on paper? 

• Thinking about the wider UNCRC rights, do we have any concerns that discrimination might affect Black and minority ethnic learners’ rights – for example, do complaints to the school/setting reveal anything about this? 

• What do we need to do to ensure that Black and minority ethnic learners are equally able to secure their rights? scription text goes here

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.  

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.   

Example: 

In this article, ‘welfare institutions’ includes all institutions whose work and decisions impact on children and the realisation of their rights; this includes schools. Addressing racist incidents is one important area where the best interests of the child need to be a primary consideration. All children or young people involved in a racist incident have rights under this article, however attention needs to be paid to the ‘balance of harm’. In seeking not to disadvantage a child or young person whose behaviour has reflected racism, schools sometimes breach the rights of Black and minority ethnic young people affected by racism. CRER has encountered several instances of racial bullying where the response does not reflect the best interests of the child. In some cases, the pupil experiencing racism is ultimately moved to another school, which often has detrimental effects on them and does not address the behaviour of the learner responsible. Our advice and advocacy service, AdRESS, was set up to support parents and carers of learners experiencing racism to protect their children’s rights in situations like these.  

Reflections for anti-racist practice... 

• Is our school/education setting doing enough to ensure that everything we do is in the best interests of learners from Black and minority ethnic communities? 

• What mechanisms do we have in place to hold ourselves accountable and ensure that we are doing this in practice? 

• How effectively do we respond to racist incidents; are the best interests of learners experiencing racism always the primary consideration in our response? 

• Does everyone in our school understand that all forms of racism are a source of serious harm, know how to identify racism and use this knowledge to act in the best interests of learners? 

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.   

Example: 

Schools can support anti-racism by tackling barriers to parental (and wider school community) involvement for Black and minority ethnic people. Education Scotland include a section about the importance of this in their online resource on promoting anti-racist education. Examples of practical action which can be taken include holding targeted parent and carer engagement events, involving minority ethnic parents and carers directly in creating learning opportunities and working with the Parent Council to encourage involvement. 

Reflections for anti-racist practice... 

• How well does our school/education setting involve Black and minority ethnic parents/carers?  

• Are they meaningfully involved from a rights-based perspective? 

• How satisfied are Black and minority ethnic parents/carers with our responses to racist incidents involving their children; when they advocate for their child’s rights, do we respond well?

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity. 

Example: 

From an anti-racism perspective, it’s important to consider children and young people’s identities both in terms of ethnicity and nationality and beyond this. This article raises issues around nationality, family and heritage specifically, and these are important for all young people, not only those from minority ethnic backgrounds. There are many further aspects of identity which are important to learners. Understanding this plurality and how identity is not fixed, but can be dynamic, can help to build community cohesion and reduce prejudice amongst learners. More information on this is available in CRER’s Introduction to Anti-Racist Curriculum Development. 

Reflections for anti-racist practice... 

• Are learners securing their right to preserve their identity, for example do all learners feel comfortable to use their authentic name in school? (E.g. the name they use at home - bearing in mind that this will not always be their legal/official name) 

• Do all staff in our institution understand the importance of correctly writing and pronouncing learners’ names? 

• Is it possible that some learners from Black and minority ethnic learners feel they need to shorten their name or adopt a nickname to fit in, and if so, how can we support them to preserve their identity in the way they want to? 

• Do we avoid tokenism and stereotypes when building cultural identities into the curriculum, ensuring that they are woven across the curriculum in a meaningful way that resonates with learners from all ethnic and cultural backgrounds? 

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 

Example: 

Young people involved in developing this resource said that when they try to express their opinion, they are sometimes treated badly - especially if this involves challenging something that happened in the classroom. 

“A young person experienced misinformation and Islamophobia when their teacher was teaching about Islam. This teacher did not check their sources and used biased information, perpetuating negative stereotypes about Islam about ISIS and terrorism. When they spoke to this teacher about it, they were met with extreme resistance. This was not only offensive, it was also hurtful. The teacher did not listen to their feedback and thoughts." 

Anti-racist approaches need to be led by the priorities, needs and experiences of people who experience racism. In schools and education settings, this includes having effective channels for learners to have their concerns addressed. This can require extra effort from educators to listen to critical feedback. 

Reflections for anti-racist practice... 

• Do we effectively support learners to express themselves, collaborate and co-create their learning in ways that reflect their views, experience and background meaningfully? 

• How do we know whether Black and minority ethnic learners feel safe and supported to have their views heard; and if they don’t, what will we do to remedy this? 

• Are Black and minority ethnic learners equally able and supported to contribute to planning and decision making on matters that affect them by offering their views freely? 

1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.  

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (ordre public), or of public health or morals. 

Example: 

Freedom of expression is incredibly important for anti-racism, however teachers and others working in education settings can find this challenging to navigate. CRER has heard from both teachers and young people who feel that freedom of expression about global conflict is not always well supported, and particularly when contrasting freedom to support the rights of people in Palestine compared to freedom to support the rights of people in Ukraine. The Educational Institute of Scotland (EIS) has published a resource entitled Palestine and Israel - Understanding the Conflict which directly addresses the implications for freedom of expression. 

 Reflections for anti-racist practice... 

• If Black and minority ethnic learners want to speak out against racism or other forms of injustice within our institution, whether individually or collectively, do we ensure they know that this is their right and we support it? 

• Do we value the diversity of views and beliefs held by learners equally, so that Black and minority ethnic learners’ perspectives are not treated as an anomaly or an add-on? 

• Does everyone within our education setting / school community know that freedom of expression can’t be used against the rights of others or in ways that cause harm? 

• Are teachers / educators able to discuss racism with learners in a way that addresses the consequences and clarifies the implications for rights? 

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. 

Example: 

Scottish Government launched a consultation on religious observance and religious and moral education opt-outs in 2024, which prompted concern from a range of stakeholders about a need for clearer division between opting out of religious observance and opting out of learning about religion and belief. Some stakeholders also sought to ensure that children and young people themselves had the right to opt out of religious observance, with or without parental approval. This was especially a concern due to the prevalence of Christian religious observance in schools, where not all pupils would feel this is appropriate for them (in light of their own beliefs, or non-belief). In taking forward approaches to any new rules emerging from this, schools can support anti-racism by consulting and engaging closely with minority ethnic learners and their parents/carers to ensure that their needs are met and that no unintended backlash affects them. 

Reflections for anti-racist practice... 

• Do we support learners who want to manifest their religion or belief (e.g. wearing its symbols, celebrating and observing traditions) to do so freely and without fear of negative consequences?  

• Are our school uniform policies developed with learners and families from Black and minority ethnic communities? 

• How do we ensure that religious observance / time for reflection is carried out in line with best practice and the Curriculum for Excellence guidance, including ensuring that all pupils and staff can participate with integrity without compromise to their personal beliefs (particularly in non-denominational settings)? 

1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 

2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. 

Example: 

The young people we involved felt that whilst sometimes they are denied this right, they can also face hostility when participating in opportunities to associate and assemble designed by the school. They felt that teachers did not understand this as a source of harm. 

"There needs to be a stronger understanding of what ‘harm’ means. Many of us have not been allowed to create groups in schools because teachers are worried about the outcomes of this, or simply because it makes them feel uncomfortable. Many of us have also had culture days where (for example) the music from our cultures has offended other people or made them feel uncomfortable and this is not fair – would this be seen as ‘harm’?” 

From an anti-racist perspective, giving more control to minority ethnic learners over how they associate and assemble is important. As part of this, schools/education settings also need to protect young people from potential backlash or misunderstanding, ensuring that it’s truly safe for them to do so. 

Reflections for anti-racist practice... 

• Are Black and minority ethnic learners equally able to associate and assemble within our education setting? 

• What can be done to support their freedom to associate and assemble, for example assisting them if they want to set up anti-racist clubs or similar extra-curricular groups? 

• If staff have the power to ‘move on’ or disperse groups of learners, is it clear under which circumstances they may do this and in practice, is this power always applied equally where groups of Black and minority ethnic learners are concerned? 

• If learners wish to assemble in order to protest or advocate for their rights, is it clear that this should be permitted provided it is peaceful and doesn’t meet the criteria for restriction? 

1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 

2. The child has the right to the protection of the law against such interference or attacks. 

Example:

Young people said that approaches to investigating racist incidents don’t always protect their privacy or reputation. 

“Particularly when it comes to racist attacks being investigated in schools, students of colour are not given the care, sensitivity and privacy they need. An example is when a victim of a racist attack in school is forced to sit with the perpetrator and have a conversation with them. Another example is when teachers gossip with staff and students about a student regarding something that has happened to them; this is a big invasion of privacy.” 

Concerns about privacy are widespread amongst young people and their families where racist incidents are being investigated, and ‘victim blaming’ is also a factor to consider in light of this article. It’s important that potential methods of redress, including restorative justice approaches, are discussed sensitively with those involved and not simply imposed upon them. 

Reflections for anti-racist practice...

• Do we regularly remind all staff of learners’ right to privacy, especially in regard to sensitive matters such as racist incidents and racially motivated bullying? 

• Are we confident that information of this nature is only shared on a ‘need to know’ basis? 

• Do we ensure that the ways we address racism, whether through restorative mechanisms, educational approaches or other methods, protect the privacy and respect the views of those involved? 

• Do we act to protect learners and their families from unfair assertions and victim blaming which might constitute an attack on their honour or reputation? (Whilst recognising that an assertion that behaviour is reflective of racism is not an attack of this nature, and must be addressed appropriately).

States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. 

To this end, States Parties shall: 

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; 

(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources; 

(c) Encourage the production and dissemination of children's books; 

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;2 

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18. 

Example: 

Media reports have highlighted the targeting of Scottish pupils by far-right activists, after a string of racist, misogynistic and Islamophobic messages were posted on social media by a teenager (the article, which may be distressing for some readers, can be found here). Across the UK, MI5 have warned of the potential for young people radicalised by the far right to become involved in criminality, with a three-fold increase in investigations into terror concerns featuring children under the age of 18 between 2021-24. The spread of racist misinformation and hate speech online is difficult to control, despite Scotland’s laws against ‘stirring up’ racial hatred. This type of content is likely to constitute ‘information and material injurious to well-being'. Schools need to be prepared to guard against its potential effects on learners. Developing preventative approaches can make a crucial difference and is essential from an anti-racist point of view. 

Reflections for anti-racist practice... 

• How diverse are the texts and resources used within our school or education setting; do we regularly use non-Western/non-Eurocentric media texts and resources as standard? 

• Where non-Western/non-Eurocentric perspectives are present in the media used, does this include materials that can promote the social, spiritual and moral well-being of Black and minority ethnic learners – positive content that values these perspectives? 

• Can diverse and explicitly anti-racist media materials be used to bring social and cultural benefit to all learners? 

• How transparent are we when discussing current affairs with learners – are we considering media bias, providing the sources to learners and encouraging them to think critically about the issues? 

• Are we responsive to linguistic needs across the school/education setting when using media materials?  

• Are we aware of the information learners are accessing in our school/education setting, including whether they may be able to gain access to material that incites racism or far-right radicalisation? 

• Do relevant policies, such as internet use policies, make it clear that access to harmful materials (including racist materials) is not allowed? 

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: 

(a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational information and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates. 

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention. 

3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries. 

Example: 

Anecdotal concerns from young people and their parents and carers about how discipline is applied in school are widespread in Scotland. Both minority ethnic learners and fellow pupils of white Scottish heritage have highlighted that learners at risk of facing racism are sometimes singled out for discipline, or treated more harshly when finding themselves in trouble at school.  

Schools can apply anti-racist practice by reviewing approaches to discipline to ensure that no implicit bias or double standards are being applied, and seeking opportunities to highlight the risk of this so that everyone involved in discipline can guard against it. 

Reflections for anti-racist practice... 

• Where Black and minority ethnic learners are identified as having low attendance or at risk of dropping out, do we investigate whether experiences of racism may be a factor and act to resolve any issues identified? 

• Are Black and minority ethnic learners treated equally in school discipline processes, including processes leading to temporary or permanent exclusion (as well as common alternatives such as hosting arrangements at another school or managed moves)?  

• Where there are exclusions, is access to an appropriate education secured equally for Black and minority ethnic learners? 

• How can we review and monitor these processes to make sure this is always the case? 

• Whilst the primary relevance for schools in Article 28 is in ensuring attendance and access to education, what are we doing to consider how accessible education is to those who do attend, and to remove any barriers that Black and minority ethnic learners might face? 

1. States Parties agree that the education of the child shall be directed to: 

(a) The development of the child’s personality, talents and mental and physical abilities to their fullest potential; 

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; 

(c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; 

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; the development of respect for the natural environment. 

Example:

Schools and other education settings have a vital role in delivering learning which develops not only the learner’s own capabilities, but a sense of respect and responsibility. The right to this type of education is well reflected in the Curriculum for Excellence’s four capacities: successful learners, confident individuals, responsible citizens and effective contributors. 

Embedding anti-racism within the curriculum actively supports the development of these capacities. Scotland’s Anti-Racism in Education Programme, a partnership between Scottish Government, education sector bodies, practitioners and anti-racism campaigners, has developed a set of Principles for an Anti-Racist Curriculum to support this.  

Examples from the Breaking the Mould principles which support rights under this article include that children and young people: 

• Will be critical thinking global citizens that challenge discrimination and prejudice through an understanding and awareness of the behaviours, practices and processes that create injustice in the world  

• Will learn that everyone has a right to be safeguarded from racism and discrimination, and will be empowered to challenge any infringement of this right 

• Will be empowered to bring about new ways of being together in the world by valuing and promoting empathy, solidarity and shared humanity that is often disrupted by systemic racism 

CRER has also developed an introductory guide for teachers with practical information to help implement anti-racism in the curriculum. 

Reflections for anti-racist practice...

• Are approaches to learning in our school/education setting tailored for learners from the diverse range of communities represented within the school, to ensure that everyone can reach their full potential? 

• Are learners aware of and able to advocate for their rights, including rights to non-discrimination? 

• What is our school/education setting doing to ensure learners develop respect for parents (specifically including parents of Black and minority ethnic learners), respect for their own cultural identities, language and values and for those backgrounds different from their own? 

• When we deliver learning about culture, language and values (including opportunities such as ‘culture days’), how do we ensure that Black and minority ethnic learners are protected from the potentially increased risks of experiencing racism? 

• What is our school/education setting doing to promote equality and nurture friendship between people from the range of backgrounds in our community? 

• Do we quality assure across the curriculum to ensure none of the content reflects stereotypes, bias or misinformation which could reinforce prejudiced attitudes? 

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. 

Example: 

The young people we involved felt that they weren’t always able to reflect their own cultural identity, language and values at school, and that others within the school were uncomfortable when they did. 

“Children shouldn't be stopped using their own language, religion and culture just because it makes others uncomfortable. Children may not use this right, as they are embarrassed to. Environments can be so hostile that even though it’s a right children have, they aren't able to or don't want to exercise it... A small group of young people were asking a teacher for help but weren't able to say it in English. They were discussing what they wanted to say in their language and trying to figure out how to say it in English. The teacher wasn't happy and yelled at the group to leave the office if they weren't going to speak in English.” 

Reflections for anti-racist practice... 

• Are learners who share a linguistic, religious or cultural background comfortable to express this together in our school/setting?   

• Do we ensure that learners have the opportunity to use languages spoken at home, and are supported to do so? 

• Does everyone in our school or setting’s community understand that integration is about inclusion, not assimilation, and that this requires respect and support for learners’ rights regarding minority languages, religions and cultures? 

States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. 

Example:

Schools and other education settings are increasingly taking action to promote human rights, for example as part of UNICEF’s Rights Respecting Schools programme. Whilst this doesn’t have a specific anti-racism focus, there is flexibility to make the kind of considerations set out in this resource contribute to the work involved. However, funding provided by Scottish Government for Rights Respecting Schools ended in April 2025. Some Local Authorities will continue taking forward this work, with Awards remaining open to schools in their areas, however the longer term future is uncertain in the absence of national funding. Schools and other education settings may wish to consider the best way to combine an anti-racist approach with whatever mechanism they choose to take forward in promoting learners’ human rights. 

Reflections for anti-racist practice...

• What is our school/education setting doing to ensure learners and others within our school/education setting know about the United Nations Convention on the Rights of the Child (including the article on non-discrimination)? 

• Do we need any capacity building for teachers so that they can promote the Convention effectively? 

• Are we working with learners, including learners from Black and minority ethnic backgrounds, to find engaging, accessible and effective ways to strengthen understanding of the Convention?