Abstract

ABSTRACT This paper examines the unintended consequences of emergency school closures during the COVID-19 pandemic and explores the impact of these closures on children and young people’s United Nations Convention on the Rights of the Child (UNCRC) and wider physical health rights. It addresses how States Parties should address and balance these rights during a crisis. It then contextualises the school closures, using global data mainly collated by the Royal College of Paediatrics and Child Health (RCPCH), exploring the direct health risk to children and young people from COVID-19 and the risk they posed to the wider community, finding both low. It then draws on findings from the Children and Young People’s Commissioner, Scotland’s COVID-19 Independent Children and Young People’s Rights Assessment (ICRA) and wider literature identifying numerous unintended rights breaches, focusing on the rights breaches experienced by three particularly vulnerable groups of children and young people, namely those (i) at risk of physical or sexual violence; (ii) with additional support needs; and (iii) experiencing poverty and deprivation. Recommendations are made as to how to avoid breaching children and young peoples’ physical health rights in future emergency school closures.

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