On the Children and Families Panel, as part of the Children’s Rights Skills and Knowledge Framework project, we have an asylum seeking family who have shared their experiences of living in Scotland. They explain that, although they have experienced examples of good practice, they also have questions on whether their children’s human rights are being fully respected due to their status.
The family have spoken of good experiences of services and professionals in Scotland:
We are quite impressed with the public service system in Scotland. Free school meals are a big advantage for families who do not have enough food at home. They also arrange school uniforms for each and every child in Scotland. They start recently free travel in Scotland for children under the age of 22, which is helpful.
Children and Families Panel member
The family also shared examples of where they see all children being treated fairly:
I am sharing with you one practical experience of children’s rights, “The right to be treated fairly”. We are impressed with this fair treatment everywhere with the Asian ethnic kids, where especially at Christmas, they provide gifts to all children equally.
Children and Families Panel member
However, this good practice is not being delivered across all services, and the family have found this difficult, particularly due to the stigma associated with being an asylum seeker:
I am glad to say my kids and husband respect me, but I feel bad sometimes that people are not happy with our status. Sometimes I felt in buses and public places that people feel we are useless, especially as we are not allowed to work. It’s shameful for me!
Children and Families Panel member
Some people are not understanding the difference between the asylum kids and the normal resident kids. Some are thinking they are poorer than others. I need them to know about kids’ rights and equality.
Children and Families Panel member
From this family, the 11-year-old Member of Children’s Parliament discussed their experiences:
I have been here in Glasgow since 2019, I am 11 years old, and I am studying in Primary 7. My father does not have the right to work, and he is not allowed driving which affects our family in harsh weather. We cannot travel to other countries.
Children and Families Panel member
Our Members of Children’s Parliament make the point that, due to their status, their parents are unable to work and therefore the children have limited opportunities compared to their peers:
I would like to know why we have limited rights compared to British citizen kids. Because of my status I can’t afford holidays, travel, expensive school trips or to join clubs. I feel it is discriminatory to me and my little sister.
Children and Families Panel member
One key challenge highlighted by the family is the issue of asylum seekers having limited access to funds. The lack of recourse to public funds and the inability to work during an asylum claim can negatively impact children accessing their human rights including the rights to be with friends and join clubs (Article 15) and the right to play and relax (Article 31). The education systemcan be inadvertently discriminatory to asylum seeking families. When schools organise trips, they should reflect on whether they have considered affordability for asylum seeking families.
Accessing public services for asylum seeking families can be discriminatory due to the deterrents of UK immigration law. For example, the limited funding and prescribed accommodation for asylum seekers can negatively impact their children’s ability to access their rights. Asylum seekers can access the NHS, education, housing services etc, but the lack of funding limits this access and the quality of service. Recommendation 80 in Together’s State of Children’s Rights Report 2022 states that more needs to be done by the Scottish Government to ensure that Children’s Human Rights are fully realised for asylum seeking children:
Scottish Government should mitigate against the impact of the hostile environment, ensuring children and families subject to immigration control are not discriminated against when accessing services, including appropriate housing, healthcare, education and employment and have access to appropriate practical, emotional and medical support.
Children and Families Panel member
Children have the right to protection from discrimination, and no child should be treated differently due to their cultural background. Professionals who work directly with children, such as teachers, and those who work indirectly with children, such as bus drivers (who the family identified as treating them differently) need to ensure that children’s rights are realised for all children and that they are not discriminating against any child. Children’s human rights should not be impacted by a child’s status or cultural background as children’s rights are inalienable, meaning that no one can give or take them away. We are grateful to our family for sharing their personal story. Through their contributions, and the other members of our Children and Families Panel, we have ensured that children’s voices are at the heart of the Children’s Rights Skills and Knowledge Framework.
Blog series from the UNCRC Skills and Knowledge Framework programme, more information here: Children’s Rights Skills and Knowledge Framework
Reference: Together Scotland (2022) State of Children’s Rights in Scotland. Available: https://www.togetherscotland.org.uk/media/3266/socrr23_final.pdf (Accessed 4 September 2023).