Equality and human rights mainstreaming: children's right and wellbeing impact assessment

Brief Summary

Type of proposal: Decision of a strategic nature relating to the rights and wellbeing of children

Name of proposal: Equality and Human Rights Mainstreaming Strategy and Mainstreaming Action Plan

The Equality and Human Rights Mainstreaming Strategy (the Strategy) sets out the Scottish Government's proposed approach to embedding equality and human rights at the core of all activities across government and the wider public sector. It aims to offer both a clear vision and practical framework for creating lasting, systemic change in how we develop policy, deliver services, and allocate resources.

The Strategy will aim to drive change through six key drivers:

• Strengthening Leadership;
• Developing accountability and transparency;
• Ensuring effective regulatory and policy environment;
• Utilising evidence and experience;
• Enhancing capability and culture;
• Improving capacity.

The Strategy contributes to the National Outcome of creating a fair, inclusive Scotland where everyone can realise their full potential and have their human rights respected.

It is published alongside an action plan and a toolkit, and a statutory PSED report relating to Regulation 12 of the Scottish Specific Duties. Specific considerations for assessment of the action plan are included in Annex A.

The Mainstreaming Toolkit is an integral component of the Strategy, which has already undergone a full assessment of its impact on children’s rights and wellbeing. The toolkit does not introduce any additional impacts and will not be used directly by children. Accordingly, the impacts on children’s rights and wellbeing are consistent with those identified for the Strategy.

Start date of proposal's development: August 2021

Start date of CRWIA process: August 2022

With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children's rights?

The Strategy is highly relevant to children's rights, as set out in the UNCRC requirements in the schedule to the UNCRC (Incorporation) (Scotland) Act 2024. Specifically, it impacts:

1. Article 2 (Non-discrimination): The Strategy aims to support elimination of discrimination and promote equality for all, including children.
2. Article 3 (Best interests of the child): By mainstreaming equality and human rights, the Strategy helps ensure that the best interests of children are a primary consideration in all actions.
3. Article 12 (Respect for the views of the child): The Strategy promotes the involvement of all stakeholders, including children, in decision-making processes.
4. Article 23 (Children with a disability): The Strategy addresses the rights of disabled people, including children, to participate fully in society.
5. Article 28 and 29 (Right to education and goals of education): By promoting equality in public services, the Strategy supports equal access to education for all children.
6. Article 30 (Children from minority or Indigenous groups): The Strategy aims to protect and promote the rights of children from minority groups.

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from existing research/reports/policy expertise:

• Census 2022 data on demographics of children in Scotland, including those from minority ethnic groups and with disabilities.
• Scottish Health Survey 2021 data on health inequalities affecting children.
• Scottish Surveys Core Questions 2019 data on religious affiliations of families in Scotland.

Feedback from stakeholders/consultation:

• Feedback from EHRC, COSLA, NDPB Equality Forum, and Engender highlighted the need for more practical support to implement mainstreaming, the importance of ensuring accountability, and the challenges associated with balancing high-level ambition with actionable changes on the ground.
• Disabled Persons' Organisations emphasised key barriers faced by disabled children in accessing public services and participating fully in society.
• LGBTQI+ stakeholders highlighted challenges faced by LGBTQI+ youth in accessing services and legal protections.
• A 14-week written consultation on the draft Strategy ran from October 2024 to February 2025, receiving over 130 responses from a broad range of stakeholders, including public bodies, third sector organisations, and individuals. This was complemented by virtual stakeholder events attended by around 100 participants, which provided further insight into the practical needs and expectations of those working to embed equality and human rights. The full consultation analysis can be accessed here.

Consultation/feedback directly from children and young people:

It was determined that it was not necessary or beneficial to engage directly with children and young people on this specific strategy. However, robust engagement was carried out with key stakeholders who represent children's interests, as well as engagement with relevant Scottish Government teams who have knowledge of policies that relate to children and young people.

Have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Yes, there are some gaps in our evidence base that may affect our ability to fully determine the impact of the Strategy on children and young people:

• Direct feedback from children and young people: Whilst we've engaged with organisations representing children's interests, we lack first-hand input from young people themselves on this Strategy. We propose to address this in future by leveraging existing channels such as the Scottish Youth Parliament and the planned children and young people's policy consortium.
• Intersectional data: Our current data tends to focus on single protected characteristics, leaving us with limited understanding of how multiple characteristics intersect for children (e.g., disabled children from minority ethnic backgrounds).
• Impact on specific groups: We have limited information on how the Strategy might affect certain groups of children, such as those in care or refugee children. To address this, we have continued to engage with stakeholders throughout the consultation process. These gaps will be progressively addressed as resources allow, with the aim of incorporating more comprehensive evidence in future reviews and updates of the Strategy.
• The Strategy itself will be formally reviewed in 2029 to assess its impact and identify opportunities for improvement. The Action Plan will be reported on and updated annually, aligning wherever possible with statutory reporting duties, including the requirement to publish a Mainstreaming Report every two years.