Equality and Human Rights Mainstreaming Strategy

Closes 5 Feb 2025

Ensuring effective regulatory and policy environment

The aim of this key driver is to create regulations and policies, and the tools to support policy development and creation, that meet the public sector equality duty and realise fundamental human rights for all the people of Scotland. This includes specific equality and human rights legislation and that other legislation properly takes account of equality/gender requirements. Create a cohesive legislative framework that specifically supports Scotland’s ambition to be a global leader in equality and human rights. 

Expanding on ensuring effective regulatory and policy environment

Regulation and policy development is a core function of government. Producing regulations and policies that routinely, fully and properly consider equality and human rights is a key driver of mainstreaming, and therefore key to achieving better outcomes for those that experience disadvantage.

This requires:

  • specific legislation that directly supports equality and human rights - We are currently driving specific and significant transformation in this area as described in the landscape section 
  • formal processes to ensure equality and human rights are properly considered in all legislation and policies
  • an approach to regulation and policy delivery in a cohesive way to ensure positive benefits

The aim is to produce regulations and policies that are fairer, advance equality of opportunity and realise fundamental human rights for all the people of Scotland.  The Scottish Government and the wider public sector should collaborate to ensure new and revised regulations and policies respond to challenges and make positive change in the real world.

Equality Impact Assessments (EQIAs) are fundamental to ensuring equality and human rights are properly considered in order to establish a cohesive approach to policy and legislative development. The Scottish Government adopts a continuous improvement approach to the EQIA process, with new training courses and guidance materials currently being created and piloted, and a dedicated team providing support. Work is also underway to develop and pilot a human rights impact assessment framework. 

10. Do you agree that ensuring an effective regulatory and policy environment is a key driver for mainstreaming equality and human rights?
11. Have we captured the core elements of ensuring an effective regulatory and policy environment within the context of mainstreaming?
12. What actions would you recommend to ensure that an effective regulatory and policy environment will contribute to the achievement of mainstreaming?