Protections in the justice system for women and girls

The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law. It means that public authorities, such as the Scottish Government, must not act in a way which is incompatible with the rights set out in the ECHR. 

The Public Sector Equality Duty requires the Scottish Government and other public bodies when they are exercising their functions to have due regard to the need to:

• • eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010
  • advance equality of opportunity between people who share a relevant protected characteristic and those who do not
  • foster good relations between people who share a relevant protected characteristic and people who do not share it

The Equality Act 2010 sets out nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Public Sector Equality Duty includes a requirement for the Scottish Government and other public bodies to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010.

The UN Convention on the Rights of the Child (UNCRC) is an international treaty which sets out the fundamental human rights of all children. Part 1 of the Children and Young People (Scotland) Act places a duty on the Scottish Ministers to (a) keep under consideration if there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements and (b) If they consider is appropriate to do so, take any of the steps identified by that consideration.

All new legislation and policy that is developed by the Scottish Government must consider the impacts on the rights and wellbeing of children up to the age of 18.

The Fairer Scotland Duty  places a legal responsibility on named public bodies, including the Scottish Government, to actively consider how they can reduce inequalities of outcome caused by socio-economic disadvantage when making strategic decisions.

This means that as well as considering the impact on people with protected characteristics, the Scottish Government must consider how any proposals will impact on people depending on their economic background. For example, if proposals would have a specific impact on people with low incomes or who live in a deprived area.

Section 7 of the Islands (Scotland) Act 2018 states that a relevant authority – which includes the Scottish Ministers – must have regard to island communities when carrying out its functions.

Scotland’s islands face particular challenges around distance, geography, connectivity and demography, so it is important that this is considered when developing the proposals in this consultation. It is also important that we ensure that the islands receive fair and equitable treatment and that policy outcomes are tailored to their unique circumstances.

Data protection and privacy impact assessments help the Scottish Government to assess the risks of proposed legislative changes that are likely to affect the way in which personal data is used.

A Business and Regulatory Impact Assessment (BRIA) is used to analyse the cost and benefits to businesses and the third sector of any proposed legislation or regulation, with the goal of using evidence to identify the proposal that best achieves policy objectives while minimising costs and burdens as much as possible.

The consumer duty is intended to improve the extent to which consumers are considered in strategic policy and decision-making in order to deliver better policy outcomes for consumers in Scotland.

Under the Consumer Scotland Act 2020 Scottish Ministers, when making decisions of a strategic nature (which includes decisions relating to new policies and legislation), must:

• consider the impact of that decision on consumers
• consider the desirability of reducing harm to consumers
• follow the Consumer Scotland guidance
• publish information about the steps taken to meet the duty within a 12-month period

In Scotland, public bodies including the Scottish Government are required to assess, consult on, and monitor the likely impacts their plans, programmes and strategies will have on the environment. This helps to better protect the environment, aims to ensure that any development is sustainable and increases opportunities for public participation in decision-making.