Article 39

You have the right to help if you have been hurt, neglected or badly treated.

Content note: This article covers traumatic experiences including violence and sexual violence.

Article 39 of the UNCRC says children and young people have the right to recover from difficult things that happen to them, and that they can expect to receive the help that allows them to do so. This includes help for survivors of:

  • violence
  • sexual violence
  • neglect
  • exploitation of any kind
  • abuse
  • torture
  • armed conflict
  • trafficking.

What help should be given

Children and young people should be able to recover in an environment that promotes their dignity, health and self-respect. Their views should be taken into account as to the kind of help they receive, and help should be given with their best interests at heart.

There should be no discrimination around who gets help and who doesn’t. Children and young people should be able to get help whoever they are, and wherever they live in Scotland.

If a crime has been committed against a child or young person, they should be protected as part of the help they receive. They should both feel and be safe.

Related articles

Article 19

Children and young people have the right to recover from all forms of violence.

Article 22

Article 39 applies to children and young people who are refugees, and if the violence they experienced happened before they came to Scotland.

Article 32

Children and young people have the right to recover from working in conditions where their rights weren't respected.

Article 33

Children and young people have the right to recover from being damaged by drink or drugs.

Article 34

Children and young people have the right to recover from sexual violence.

Article 35

Children and young people have the right to recover if they've been trafficked, abducted or sold.

Article 36

Children and young people have the right to recover from being exploited in any other way.

Article 37

Children and young people have the right to recover from being punished in cruel, inhuman or degrading ways.

Article 38

Children and young people have the right to recover from armed conflict.

Full text

This article is a simplified version of Article 39 of the UNCRC. The full text of the Article can be found below:

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Links

Advice line

The Commissioner's office has an advice line that answers questions about children’s rights and child welfare.