Community Justice - Your rights when someone is arrested / goes to prison

Has someone in your life been arrested, sent to prison, is on a community sentence or about to come out of prison? If so you might be feeling all sorts of different emotions and have lots of questions.

When this happens, you have rights under the UNCRC (United Nations Right of the Child) which are protected by law in Scotland - further information can be found  on the Child Rights | The Rights of Children and Young People - CYPCS website.

Your rights when someone in your life goes to prison, according to the CYPCS

Article 2: No discrimination

• The UNCRC applies to all under 18s, with no exceptions.
• Governments should make sure that every child has equal access to their rights.
• Governments should make sure that children are protected against discrimination.

Article 3: Best interests of the child

• When adults make decisions, they should think how they affect children and do what is best for them.

Article 8: Identity

• Governments should respect children's right to their own name and nationality.
• Their family ties should be respected.

Article 9: Keeping families together

• I have a right to live with my family if they can keep me safe.
• Governments should only separate children from their parents if it is the best thing for them.
• Governments should make sure children can have contact with their parents if they don't live with them.

Article 12: Respect for children's views

• When adults are making decisions that affect children they should ask them what they think.
• Adults should take account of children's views when making the decision.
• Children should be supported to give their views in a way that is best for them.

Article 16: Protection of privacy

• I have the right to keep some things private.
• There should be laws to make sure a child's diary, online messages and phone calls remain private.
• Governments should protect children from attacks against them, their way of life and their home.

Article 17: Access to information

• I have the right to get information in lots of ways, as long as it's safe.
• Children should be able to access information they can understand on TV, radio, in books and newspapers and on the internet.
• Governments should make sure children are protected from things that could harm them.

Article 20: Children without families

• I have the right to be looked after if I can't live with my own family.
• If children cannot be looked after by their own family, they must be looked after properly, by people who respect their religion, culture and language.
• Governments should make sure that alternative care is available for children.