Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill: equality impact assessment (EQIA)

Executive summary

Policy Aims

The Bill contains targeted and technical measures aimed at enhancing the coherence and clarity of the processes for withdrawal from religious observance (RO) and religious and moral education (RME) in schools, as well as the operation of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the UNCRC Act”), in line with the Scottish Government’s commitment to children’s rights and the UN Convention on the Rights of the Child.

Specifically, the Bill will amend both the UNCRC Act and the Education (Scotland) Act 1980 (“the 1980 Act”) to provide clarity to public authorities on how they should interpret and apply their duties, and improve the clarity of our statute book, thus strengthening the legal framework for the rights of children and young people in

Scotland. As well as ensuring consideration of pupils’ views, the changes to RO/RME will put beyond doubt the position in Scotland in relation to UNCRC obligations in this context.

EQIA Scope

This EQIA assesses the impact of the Bill across all protected characteristics under the Equality Act 2010, with a particular focus on age (for both parts of the Bill) and religion or belief (specifically in relation to RO/RME changes).

The evidence considered included statistical data from Scotland’s Census 2022 and the School and Pupil Census 2024, responses to the public consultation on RO and RME, and feedback from targeted engagement with stakeholders, including faith and belief groups, children’s rights organisations, and children and young people themselves.

Key Findings

The assessment identified a number of positive impacts, particularly in relation to the UNCRC Act amendment, given it aims to ensure uninterrupted delivery of essential services to children and young people. Positive impacts from the RO/RME changes were also identified in relation to age (by improving consideration of pupils’ views), and religion or belief. No negative impacts were identified for any characteristic.

Recommendations

In relation to the RO/RME changes, the assessment helped inform the approach to consultation and engagement, including launching a full public consultation and targeted engagement, in particular with children and young people, and with representatives from faith and belief organisations. It also highlighted some factors which will require further consideration as part of the development of the accompanying statutory guidance.

In relation to the UNCRC Act amendment, the Equality Impact analysis highlighted the need for additional resource to support communication with children and young people, to help them understand the technical nature of the changes.

Conclusion

The EQIA concludes that the Bill will have a mixture of positive and neutral impacts on equality characteristics. No negative impacts were identified.