Young people's rights

This information applies to Scotland.

About this information

This information covers the general rights of children and young people. On other pages you can find more specific information about young people and:

• employment

• family

• health and personal issues

• housing

• the law

• concessionary fares and travel.

Proof of age

There are many schemes that provide cards to help prove your age. Many local authorities and local colleges run card schemes. There are special rules for alcohol, tobacco, and e-cigarettes.

Proof of Age Standards Scheme (PASS)

There is a national proof of age accreditation scheme called the Proof of Age Standards Scheme (PASS). Make sure that any proof of age card you get shows the PASS hologram. This means it meets the PASS criteria. For more information, go to the PASS website.

Combined local authority/Young Scot card

Dialogue Youth is a Scottish Government funded project. One of the key products of this project is the development of a multi-purpose proof of age card for use by young people aged 12 to 18.

Although the cards are being developed differently in each local authority area and are called different names, they all include a photograph and a PASS (Proof of Age Standards Scheme) hologram. This enables you to use the card as proof of age to purchase age-restricted goods and services.

In addition to the proof of age element, the cards will also enable you to access many local authority services, for example, leisure facilities, library and school meal/cashless catering services. You can also use the card to access Young Scot local, national and international services and discounts.

You can check whether the combined local authority/Young Scot card is available in your area by checking the Young Scot website.

Proof of age for buying alcohol, tobacco and vapes

The acceptable forms of identification giving proof of age for alcohol, tobacco and nicotine vapour products like vapes and e-cigarettes are:

• a passport

• a UK or EU photocard driving licence

• a defence identity card issued by the Ministry of Defence

• a photographic identity card with the national Proof of Age Standards Scheme (PASS) hologram

• a national identity card issued by an EU member state, Iceland, Liechtenstein, Norway or Switzerland

• a biometric immigration document.

For information on the control of sales of alcohol, tobacco and vapes see licences and other permissions.

Advocacy

There are many areas in your life when your views have to be sought. In many cases you may need help to express your views. The name of the person who can help you to do this is an advocate. An advocate helps to explain what you are thinking. Advocacy services have been developing in Scotland. If you need to understand better what the role of an advocate is and how to get the services of one there is information on the Scottish Government website.

Discrimination

Race discrimination

It is illegal to discriminate against anyone, including a child or young person, on the grounds of race, colour, nationality or ethnic or national origins. If you have suffered race discrimination, you may be able to take action against the organisation or individual responsible.

If you have suffered racial harassment, which includes verbal abuse or threats, graffiti or physical attacks, you may be able to take action.

For information, see race discrimination.

Sex discrimination

It is illegal to discriminate against anyone, including a child or young person, on the grounds of sex. If you have suffered sex discrimination, you may be able to take action against the organisation or individual responsible.

For information, see sex discrimination.

Disability discrimination

It is illegal to discriminate against anyone, including a child or young person, because you are disabled. If you have suffered disability discrimination, you may be able to take action against the organisation or individual responsible.

For information, see disability discrimination.

Discrimination because of sexuality

It is illegal to discriminate against anyone, including a child or young person, on the grounds of their sexuality. You may be able to take action against the organisation or individual responsible.

For information, see sexual orientation discrimination.

Discrimination because of religion or belief

It is illegal to discriminate against anyone, including a child or young person, on the grounds of religion or belief. You may be able to take action against the organisation or individual responsible.

For information, see religion or belief discrimination.

Human rights

All citizens in Scotland have rights under the European Convention on Human Rights. For example, a child or young person has a right to freedom of thought, conscience or religion.

Children and young people under 18 in Scotland also have rights under the UN Convention on the Rights of the Child. For example, every child has the right to an education. The government should ensure these rights are upheld for all children.

You can read more about children's human rights on the Scottish government website.

If you think that your human rights are being infringed, you could take action in the Scottish courts.

Parent or carer facing imprisonment

If your parent or the person who cares for you may be sent to prison, you may be able to make sure that the court considers your rights when sentencing them. You should contact an experienced adviser, for example, at a Citizens Advice Bureau - where to get advice.

Nationality and immigration

The law relating to nationality and immigration is complex. You should consult an experienced adviser for example, at a Citizens Advice Bureau - where to get advice.

More information about immigration.

Punishment

If you are a child or young person and feel that you have experienced an inappropriate punishment from a parent or other person, you could report them to the police or other services.

If you are concerned about the use of punishment, you should contact an experienced adviser, for example, at a Citizens Advice Bureau - where to get advice.

Parents

If you hit a young person under 16 you may be prosecuted with assault. From 7 November 2020, you can't argue that it was a reasonable way to punish your child.

School

No school is allowed to inflict corporal punishment on a pupil of any age.

A teacher can only use reasonable physical force if they do so in self-defence or if it's necessary to break up a fight between pupils or to stop a pupil endangering themselves or other pupils or property.

If you are concerned about the use of punishment, you should contact an experienced adviser, for example, at a Citizens Advice Bureau - where to get advice.

Religion

A parent with parental responsibilities and rights has the right to choose which religion, if any, a child or young person should follow at home or at school. A child or young person can choose a religion themselves when they have sufficient understanding of the issues. A young person of 16 would normally be thought capable of understanding religious issues and choosing a religion themselves. When someone under 16 chooses a religion that their parents or carers think is doing the child harm, for example, a cult, the parents can try to stop the child taking part by taking court action.

Voting and being a candidate in an election

Voting

You must be 18 or over to vote in UK parliament elections or local council elections in England and Wales.

You can vote in Scottish parliament elections and Scottish local government elections if you're 16 or over. In some areas you can vote or be a candidate in a community council election from the age of 16.

You can vote in Scottish referendums if you're aged 16 or over.

You can read more about voting in the UK on the Electoral Commission website.

Being a candidate

You must be 18 or over to be a candidate in a UK parliament election, a Scottish parliament election or a local government election.

Scottish Youth Parliament

If you are aged 14 to 25 you may be able to become a member of the Scottish Youth Parliament (MSYP). Further information about the Scottish Youth Parliament’s work and election process can be obtained from:

Young carer

If you're a young carer, you can ask for a Young Carer Statement. You are a young carer if you are under 18 or aged 18 and still at school. Find out more about Young Carer Statements and how to get one.

You might be entitled to get a Young Carer Grant. It’s paid once a year to carers aged 16-18 years, who do at least 16 hours of caring a week on average, but don’t receive Carer’s Allowance or Carer Support Payment. Check if you can get a Young Carer Grant.

Further help

Childline Scotland

Childline Scotland offers a 24-hour helpline for children and young people who are in trouble or danger and need advice, support and practical help.

Children and Young People's Commissioner Scotland

The Children and Young People's Commissioner Scotland is an independent person appointed by the Scottish Parliament to safeguard and promote the rights of young people in Scotland.

Scottish Child Law Centre

The Scottish Child Law Centre offers free advice on a wide range of issues by letter, by email, and by phone.

Clan Childlaw

Clan Childlaw provides free legal information by phone, email and text, on all aspects of Scots law relating to children and young people. This service is available to children and young people throughout Scotland, and to professionals working with children and young people.

Clan Childlaw also provides free legal advice and representation for children and young people in Edinburgh, Midlothian, East Lothian, West Lothian, and Glasgow and the surrounding areas. Clan Childlaw will confirm the availability of the service for a specific geographical area on request. They represent children and young people up to the age of 18, and up to the age of 21 if they are or have been a 'looked after' child.

For information about ‘looked after’ children, see Children who are looked after by the local authority