#2026/9Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026
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This Act of the Scottish Parliament, passed on 17 February 2026 and receiving Royal Assent on 2 April 2026, makes two significant changes to Scottish education and children's rights law. First, it reforms the rules around withdrawing pupils from religious instruction and religious observance in schools, specifically requiring that the pupil themselves be involved in any such decision — not just their parents or guardians. Second, the Act amends the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 by defining specific circumstances in which an action or failure to act that is incompatible with UNCRC requirements will not be considered unlawful. This carve-out limits the scope of legal liability under the 2024 UNCRC incorporation legislation. The Act contains a built-in review mechanism for the changes made to religious education withdrawal rules (Section 2), ancillary provision powers, and standard commencement and short title provisions.
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Key Changes
- Pupils must now be personally involved in the decision to withdraw them from religious instruction or religious observance in schools — parental/guardian authority alone is no longer sufficient
- Section 1 modifies the existing legal framework governing withdrawal from religious education, shifting focus toward the child's own views and participation
- Section 2 mandates a formal review of the modifications introduced by Section 1, building in a post-implementation evaluation mechanism
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