Equality and Human Rights Mainstreaming strategy: consultation analysis

2. Proposed Vision and Objectives

This chapter examines views on the vision and objectives proposed in the consultation paper. The vision is: “To support the continued growth of strong communities across Scotland, built on a solid foundation where everyone enjoys realisation of their human rights. These communities will be diverse, inclusive, empowered, resilient and safe. We are committed to tackling the persistent and entrenched systemic inequalities that still exist in Scotland. Through this, we will advance and improve Scotland’s position as a global leader in equality and human rights.”

The paper notes that this will include taking an intersectional approach and include people with protected characteristics as defined by the Equality Act 2010 and 'others experiencing systemic discrimination and poorer life outcomes’.

Q1. Do you agree with the vision?

Among those answering Q1, just under three quarters (73%) agreed with the vision, 22% disagreed, and 6% were unsure. Organisations were more likely than individuals to agree (77% and 61%, respectively). At least three fifths of all types of organisation who answered agreed with the vision, ranging from 60% of professional/membership bodies and 68% of equality advocacy organisations to 89% of health bodies, 90% of local authorities and all of the small number of justice and education/academic organisations who answered.

Agreement with the vision

At Q1a, just over two thirds of respondents left an open question. Many respondents commented on their support for the vision. Respondents described the vision as necessary and highlighted which aspects resonated most with them, such as creating strong communities through the realisation of human rights and supporting the commitment to tackle systemic inequalities and assist in overcoming structural barriers.

Language recommendations

Several respondents, including those who agreed and disagreed with the vision, made suggestions and considerations to improve the language used in the vision. Some respondents asked for clearer language, including requests for the vision to use simpler and less jargonistic language. Another critique was that the current wording is too vague and over-generalises the Strategy.

A few respondents felt that the vision did not accurately define mainstreaming, which could lead to conceptual barriers or misunderstandings among those implementing it.

Respondents provided a close analysis of the wording of the vision. Recommendations included reference to specific words, such as some suggesting using a word more aspirational than ‘tackle’ like ‘eliminate’ or one more proactive, such as ‘prevent’. Some others recommended qualifying the use of ‘communities’ as there was confusion around who the term included.

Consideration of specific groups

Some respondents highlighted groups they felt should be, but may not have been, represented in the vision. This included noting the experiences of unpaid carers, deafblind individuals, people with care experience, children and young people, the LGBTQIA+ community and reference to mental health.

Requests for more information or detail

Some respondents stated that they needed more information before they felt able to comment on the vision. Some specifically asked for more detail on a theory of change, logic model or another means of detailing outcomes rather than aspirations alone.

More information was requested on the connection between the vision and environmental wellbeing, and one organisation questioned whether the Strategy will link to the Scottish Government’s Equally Safe strategy. Others questioned why Scotland should seek global leadership or how that would positively impact people in Scotland.

Comments about proposed or existing legislation

While not directly related to vision, some respondents emphasised their support for the Scottish Government’s planned Human Rights Bill in their responses to this and other consultation questions. Respondents noted their disappointment that the Bill would not pass in this parliamentary session. They expressed a view that the Strategy would be strengthened by implementing it alongside legislation, such as the Human Rights Bill. Others felt that uncertainty around the status of the Bill limited their ability to answer some of the consultation questions.

Another theme evident in responses to Q1 and throughout the consultation was concerns and questions about how the Equality and Human Rights Mainstreaming Strategy would work alongside existing equalities duties and requirements, such as the Public Sector Equality Duty (PSED), Fairer Scotland Duty and the consumer duty^[2]. Respondents requested greater clarity on the relationship between the Strategy and these other duties.

Negative views

Some respondents, mostly individuals, submitted similar, negative comments at each question, including Q1. These responses questioned the value of equality and human rights strategies more generally, and of implementing them in policies, legislation, and processes across the public sector and beyond.

Q2. Do you agree with the objectives?

The consultation paper identifies four strategic objectives to achieve the vision: remove systemic barriers; improve how policy decisions are made and delivered; establish the leadership, capability, capacity, culture and practice that ensures Government and public sector policy and service delivery are focused on equality and human rights; and embed transparency so it is easier for those affected by decisions to hold the Scottish Government and the wider public sector to account.

Among those answering Q2, over three quarters (77%) agreed with the objectives, 14% disagreed, and 9% were unsure. Organisations were more likely than individuals to agree (81% and 67%, respectively). While the vast majority of most organisation types supported the objectives, agreement was lower among equality advocacy organisations (68%) and professional/membership bodies (60%). However, equality advocacy organisations were the only sector to record any opposition to the objectives (18%).

Ensuring effective implementation

Just under two thirds commented at Q2. Many respondents raised questions about the objectives and how they would be actionable. There were concerns that the objectives did not have measurable or achievable impacts and that the Strategy's success could not be assessed without the inclusion of targets.

Several highlighted that these objectives were already a part of other duties. While not necessarily disagreeing with the proposed objectives, these respondents questioned how the application of the proposed objectives would differ from current requirements. For example, one organisation expressed the view that leaders have failed to deliver on accountability in the past, and rather than seeing it as a weakness in the model, it should be recognised as a ineffective approach to mainstreaming. Others questioned if there would be a reflection on why, in their view, there had been a lack of effective change after the implementation of Scottish National Equality Improvement Project (SNEIP) and Scotland’s second National Human Rights Action Plan (SNAP-2).

Support for the objectives

Many respondents expressed support for the objectives. Several approved of the inclusion of accountability and transparency, as they believed allowing people to hold public bodies to account would build trust among people in Scotland. A few respondents suggested ways to strengthen the objective of accountability. For example, one organisation suggested a method for complaints to be upheld, and another mentioned that accountability should be about changing mindsets rather than compliance.

Support for an approach based on the PANEL principles^[3], and particularly encouraging participation from people with lived experience, was mentioned by several. Respondents felt that this was an effective way to aid the delivery of mainstreaming.

Some other respondents highlighted their agreement with taking an intersectional approach, with a few suggesting it could be emphasised further.

The objective focussing on removing systemic barriers to equality was highlighted as important by some respondents, although a few thought it should more specifically identify the barriers marginalised groups experience. One organisation suggested including access to justice as a means of dismantling systemic barriers.

Expert knowledge and lived experience

Several respondents highlighted the importance of including people with lived experience or other experts, such as key stakeholders who work in advocacy and the third sector, in determining the Strategy. This included consulting on the guidance related to the Strategy, the language used, the Strategy and toolkit implementation and the development of EQIAs. Respondents emphasised that including people with lived experience would ensure that policy and Strategy are inclusive and meet the differing community needs.

While we have highlighted it here, respondents reiterated the importance of inclusion and co-production in the creation and implementation of the Strategy, the drivers, and the toolkit throughout the consultation. Chapter 6 addresses engagement with people with lived experience in more detail.

Guidance and communication

Concern about the clarity of the guidance and the toolkit was mentioned by some at Q2, and reiterated by some respondents at different points throughout their responses. They suggested that clear guidance was needed to ensure implementation was consistent and unified across Scotland. Some highlighted the importance of understanding where responsibility lies for implementing the Strategy, with clear guidance on what is expected from public bodies in terms of adhering to the guidelines, collecting data, and monitoring and reporting on progress.

Across responses, a few comments were made that the Strategy needed to be publicised effectively. It was suggested that publicity and communication should ensure that those in government and public bodies, as well as the general public, are more aware of equality and human rights, the Strategy, and how it might impact them. Open and clear communication was also advocated by some respondents to ensure positive messaging around the benefits of mainstreaming is promoted.

Resources

Concerns about resources, including financial, workforce and capacity, were mentioned by some respondents at Q1 and Q2 and reiterated throughout the consultation. These issues were raised by both those who agreed with the Strategy and those who did not. While this was a key issue for many respondents when considering implementing the objectives, further consideration is given to the issue in Chapter 8, which focuses on building capacity.

Other Considerations

Some respondents suggested including objectives around education and increasing awareness of equality and human rights principles.