Equality and human rights mainstreaming strategy

Reporting Framework and legal context

This Strategy will not have separate stand-alone reporting requirements due to existing and proposed required reporting. This includes the following;

• PSED Mainstreaming report. The Scottish Government’s Mainstreaming Report is published every two years in line with our legal requirements as set out in the Scottish Specific Duties. The next Report will be published in April 2027.
• Reg 12 of the Scottish Specific Duties: places a duty on Scottish Ministers to publish proposals for activity to enable better performance of the PSED.
• The Scottish Government is accountable for compliance with international human rights treaty requirements in devolved areas and contributes to regular reporting cycles regarding implementation of human rights treaties. For example, the Universal Periodic Review (UPR) is a unique mechanism of the United Nations Human Rights Council that calls for each UN Member State to undergo a peer review of its human rights records every four-to-five years.
• The United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act 2024 sets out the following reporting requirements:
• a requirement on Scottish Ministers to publish a Children’s Rights Scheme, setting out the arrangements that are in place, or are to be put in place, to ensure compliance with the compatibility duty and to secure better or further effect of children’s rights
• a requirement on Scottish Ministers and listed authorities to report on actions they have taken and intend to take to ensure compliance with the compatibility duty and actions taken and planned to secure better or further effect of children’s rights
• a requirement on Scottish Ministers to prepare and publish a Child Rights and Wellbeing Impact Assessment (CRWIA) under certain circumstances, such as when Scottish Ministers introduce a Bill into the Scottish Parliament, when making certain SSIs, in relation to certain school closures, and in relation to decisions of a strategic nature that relate to the rights and wellbeing of children

Legal context

The Scottish Government and public bodies operate within a legal framework that mandates the mainstreaming of equality and human rights. Key obligations stem from the Equality Act 2010, which establishes the PSED, requiring public authorities to pay due regard, when exercising their functions, to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between persons who share a relevant protected characteristic and persons who do not. This duty is reinforced through the Scottish Specific Duties, which set out detailed requirements for listed authorities. Additionally, the Scottish Government is bound by domestic and international human rights obligations, including those under the Human Rights Act 1998, the Scotland Act 1998, and various international treaties. The UNCRC (Incorporation) (Scotland) Act 2024 further strengthened the legal landscape by introducing a legal requirement for the Scottish Ministers to prepare and publish CRWIAs.

The Strategy will serve as the overarching framework to support the Scottish Government and public sector in driving further progress. It aligns with ongoing initiatives such as the ongoing development of a Human Rights Bill, improvements to PSED and the integration of equality and human rights into Scotland’s NPF. These efforts aim to embed international human rights standards into Scots law, enhance accountability, and ensure inclusive policymaking. Collectively, they aim to position Scotland as a global leader in equality and human rights, with the Strategy providing the structure to support actions across government and public bodies. For a more detailed description of the legal context and wider framework please refer to Annex B.