Equality and human rights mainstreaming: equality impact assessment

Key Findings

Age

Scotland has an aging population. In 2024, just over one in five people (20.5%) in Scotland were aged 65 and over, more than 1.1 million in total. Younger age groups are shrinking, with around 16.2% of the population aged 0 to 15^[5].

Evidence gathered from consultations with stakeholders has highlighted the need for better age-specific services and policies, particularly for young people and older adults. They have also emphasised on the need for those groups’ participation in policy making.

The Strategy aims to have positive impacts on people on the grounds of their age.

Eliminating unlawful discrimination - positive impact: older and young people will be better protected from age-based discrimination, helping to address ageism in many areas of life.

Advancing equality of opportunity - positive impact: the Strategy will promote fair access for older and young people to public services, digital resources, and community participation, alongside education and employment.

Fostering good relations - positive impact: the Strategy will promote understanding and collaboration between different age groups, fostering mutual support and solidarity.

Disability

The proportion of adults with a long-term limiting mental or physical health condition or disability is increasing, as the population ages. Between 2008 and 2017, the proportion of women who were disabled increased from 28% to 34%. Over the same period, the proportion of men who were disabled increased from 23% to 29%^[6].

Disabled Persons Organisations have highlighted key barriers faced by disabled individuals in accessing public services and participating fully in society. The Strategy recognises the need to address these barriers through inclusive design and service delivery.

The Strategy aims to have positive impacts on disabled people.

Eliminating unlawful discrimination - positive impact: the Strategy will strengthen policies and protections against discrimination for disabled individuals, particularly in public service delivery and employment.

Advancing equality of opportunity - positive impact: the Strategy aims to improve access to public services, education, employment, and public services for disabled people, with a focus on making environments more accessible. This is aiming to ensure that disabled people can fully participate in society.

Fostering good relations between disabled and non-disabled people - positive impact: the Strategy aims to address stigma and promote positive attitudes towards disabled people, creating more inclusive communities and leading to better relationships between disabled and non-disabled people.

Sex

Scotland’s population is fairly evenly split, with women making up around 51% of the population and men 49%. The youngest age groups had a higher proportion of males as more boys are born than girls, whilst the oldest age groups had a lower proportion of men because women have a longer life expectancy in Scotland^[7].

Consultations with gender stakeholders, including Engender, have highlighted the persistent gender inequality in Scotland. The Strategy aims to address systemic issues that perpetuate these disparities, such as gender-based violence and economic inequality.

The Strategy aims to have positive impacts on people on the grounds of their sex.

Eliminating unlawful discrimination - positive impact: the Strategy will help reduce sex-based discrimination in multiple areas. It also seeks to mainstream sex-based competence to tackle sex-based issues and discrimination as identified by key stakeholders.

Advancing equality of opportunity - positive impact: the Strategy seeks to increase efforts to ensure women have equal access to opportunities and services.

Fostering good relations between men and women - positive impact: policies aiming to improve gender equality will promote better understanding between men and women, helping to foster collaboration in workplaces and communities.

Pregnancy and maternity

There were 10,832 births registered in Scotland between 1 April and 30 June 2025. This is 5.2 per cent lower than the quarter two average of 11,397, continuing a trend of declining birth rates over the past decade^[8].

Evidence provided during consultations with health and social care sectors suggests a need for improved support services for pregnant women, pregnant people, and new mothers and parents, especially those from marginalised groups.

The Strategy aims to have positive impacts on women on the grounds of pregnancy and maternity.

Eliminating unlawful discrimination - positive impact: the Strategy aims to reduce discrimination faced by pregnant women and new mothers in healthcare, housing, and community services, alongside employment protections.

Advancing equality of opportunity - positive impact: promoting improved access to comprehensive maternity services, childcare, and flexible support structures will enhance opportunities for new mothers to fully participate in public life.

Fostering good relations between those with or expecting children and those without - positive impact: encouraging Scottish Government policy teams and the public sector to raise awareness about the importance of providing support to expecting and new parents, will also encourage community and workplace solidarity, helping to foster a more supportive environment.

Gender reassignment

The 2022 census introduced a voluntary question on trans status or history for the first time. The census found that 0.44% of people aged 16 or over were trans or had a trans history^[9]. This is 19,970 people in total. Almost half (45.2%) of trans people identify as ‘non-binary’. This is 9,030 people in total.

One in six trans people identified as trans men (3,310). A similar number of people identified as trans but did not provide any further detail (3,110). A similar number of people identified as trans women (3,090).

The ‘other trans status or history’ category (1,450 people) includes a number of different groups of people. The most common responses in this category were ‘genderfluid’, ‘agender’ and ‘genderqueer’. Those three different groups account for around two thirds of people in this category.

Stakeholders from the LGBTQI+ community have highlighted the challenges trans individuals face accessing services and legal protections. The strategy aims to address these issues through legal reform, inclusive communications and by continuing to engage with equality groups.

The Strategy will have positive impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex.

Eliminating unlawful discrimination - positive impact: the Strategy aims to help tackle discrimination faced by trans individuals across healthcare, social services, housing, and legal recognition, ensuring equal treatment in all public sectors.

Advancing equality of opportunity – positive impact: greater support for accessing healthcare, social services, and legal protections will help trans people participate fully in public and community life.

Promoting good relations between trans people and cisgender people – positive impact: promoting a greater understanding and inclusion of trans people in public life and communities will help develop positive relationships and reduce prejudice.

Sexual orientation

The 2022 census found that; 87.8% of people aged 16 and over in Scotland identified as straight or heterosexual and 4.0% of people aged 16 and over in Scotland identified as LGB+. The 2021 censuses for the rest of the UK found that in England and Wales, 3.2% of people aged 16 and over were LGB+ and in Northern Ireland, 2.1% of people aged 16 and over were LGB+. Around 43.6% of LGB+ people in Scotland identified as bisexual, and a similar percentage identified as gay or lesbian^[10].

LGBTQI+ stakeholders have emphasised the need for improved services and protection for individuals across the spectrum of sexual orientation. This includes addressing homophobia and heteronormativity in public services.

The Strategy will have positive impacts on people on the grounds of their sexual orientation.

Eliminating unlawful discrimination, harassment and victimisation – positive impact: the Strategy aims to help eliminate discrimination against LGBTQI+ individuals across healthcare, public services, housing, and community engagement, as well as employment.

Advancing equality of opportunity – positive impact: LGBTQI+ people will have better access to all of these services above, tailored to their needs, improving their participation in public and community life.

Promoting good relations between LGBTQI+ people and others – positive impact: policies promoting LGBTQI+ inclusion will help reduce prejudice and foster more positive relations between LGBTQI+ people and others in their communities.

Race

Around 96% of the population in Scotland identified as White in the 2011 census. 4.2% of people identified as Polish, Irish, Gypsy/Traveller or ‘White: Other’. The population in Asian, African, Caribbean or Black, Mixed or Other ethnic groups doubled to 4%^[11].

BEMIS and other race equality groups have provided evidence on the persistent racial inequalities in Scotland. The Strategy seeks to address these through targeted policies and better data collection.

The Strategy will have positive impacts on people on the grounds of their race.

Eliminating unlawful discrimination, harassment and victimisation – positive impact: the Strategy will work to eliminate racial discrimination in healthcare, housing, justice, and public services, addressing structural and institutional racism alongside induvial discrimination.

Advancing equality of opportunity – positive impact: minority ethnic groups will have better access to public services, housing, and leadership opportunities, with efforts to reduce racial inequalities in multiple sectors.

Promoting good relations – positive impact: promoting racial equality will foster stronger relations between different ethnic groups, reducing prejudice and helping build more cohesive communities.

Religion or belief

In 2018, Christian (Church of Scotland, Roman Catholic and Other Christian) represented 46% of the adult population. Over the past decade there has been an increase in the proportion of adults reporting not belonging to a religion, from 40% in 2009 to just over a half of adults (50%) in 2018. There has also been a corresponding decrease in the proportion reporting belonging to ‘Church of Scotland’, from 32% to 23%^[12].

Faith and belief organisations have highlighted the need for greater understanding and accommodation of religious practices within public services.

The Strategy will have positive impacts on people on the grounds of their religion or belief.

Eliminating unlawful discrimination, harassment and victimisation – positive impact: the Strategy aims to help reduce religious discrimination in public services, healthcare, and employment, ensuring that individuals are treated fairly regardless of their faith or belief system.

Advancing equality of opportunity – positive impact: people of all faiths and beliefs will have equal access to services, with encouragement to provide reasonable adjustments in areas such as dietary needs, time off for religious observance, and inclusive healthcare.

Promoting good relations between people with different faiths or beliefs – positive impact: the Strategy’s efforts to promote understanding and respect for all religious beliefs will help foster better relations between faith communities and those of no faith.

Marriage and Civil Partnerships

The Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices.

No direct impact has been identified at this stage.

Intersectionality

We recognise that there are still ongoing gaps in intersectional data and we intend to mitigate this where possible by continuing to engage with stakeholders and gathering data.

We recognise that disadvantage is experienced in groups beyond those defined under the protected characteristics in the Equality Act 2010, and often people face multiple overlapping forms of discrimination that can deepen inequality. For example, a disabled woman from an ethnic minority background may experience discrimination not just because of her disability, gender, or ethnicity individually, but because these factors can combine and reinforce each other, creating more complex and significant barriers to equality.

One of the cross-cutting principles of the Strategy is an intersectional approach that recognises the multiple, intersecting disadvantages faced by different groups.

Some consultation respondents commented on the need for intersectional data and analysis to better understand the impact of policies on different groups. Challenges in the collection, analysis and reporting of intersectional equality data, as identified in the Strategy, were also recognised by respondents. A small number of comments detailed a desire for disaggregated data i.e. data sets that can be broken down into smaller, more specific categories or segments.

The Strategy notes that while progress has been made, Scotland’s equality evidence base continues to show gaps including in relation to intersectional data. However, rather than focusing solely on expanding the evidence base, we could adapt a more strategic approach to identifying areas where better evidence would make the biggest difference.

The ‘Utilising Evidence and Experience’ driver aims highlight that robust and comprehensive equality evidence is vital for the design and delivery of inclusive policies and services. The regulatory and policy environment is a critical aspect of achieving system change. Therefore, building skills to effectively analyse and apply evidence is crucial throughout the policy cycle. We want to use evidence to: understand issues; to design new policies or changes to policies; to guide decision making; and to monitor and evaluate.

There are a number of complexities involved in collecting and analysing equality data (as set out in the Equality Evidence Strategy^[13]), which requires the development of specialist skills and advice to ensure best practice and that it is in accordance with data protection legislation.

Comprehensive equality evidence involves the integration of official statistics, quantitative and qualitative research evidence, policy-maker expertise, and critically, insights from people directly impacted by the policy. A mixed methods approach supports inclusivity by recognising that knowledge is personal, intersectional, shaped by context, and constantly evolving. High-quality equality evidence offers crucial insights into how policies affect different groups, while the ability to interpret and apply this evidence empowers policymakers to design solutions that are both meaningful and equitable.

This approach allows for analysis and understanding of whether differential impacts (e.g., in terms of access, satisfaction and outcomes) are being experienced by those sharing certain characteristics.