Trafficking and Exploitation Strategy 2025: equality impact assessment

Executive summary

Policy Aim

Scotland’s second Trafficking and Exploitation Strategy under the Human Trafficking and Exploitation (Scotland) Act 2015, builds on the original Trafficking Strategy which was published in 2017. The second Strategy sets out a public health approach to this issue.

The vision/aim of the Strategy is to prevent human trafficking and exploitation in Scotland and to respond effectively when it does occur. Specifically:

• Child and adult victims are identified, protected and supported to safety and long-term recovery
• Perpetrators are identified, their activities are disrupted, and they are prosecuted
• Improved use of data, evidence and research informs strategy implementation
• Conditions that expose children, adults and communities in Scotland to increased risks of trafficking and re-trafficking are addressed.

A Business and Regulatory Impact Assessment, a Fairer Scotland Duty Assessment and a Child Rights and Wellbeing Impact Assessment have also been produced.

Scope

This EqIA considers the impact of Scotland’s Trafficking and Exploitation Strategy 2025 on people with one or more protected characteristic. In developing the Scotland’s second Trafficking and Exploitation Strategy, the Scottish Government has considered the three requirements of the Public Sector Equality Duty:

1. Eliminate discrimination, harassment, victimisation, and any other conduct prohibited by the Act.

2. Advance equality of opportunity between people who share a relevant protected characteristic and those who do not.

3. Foster good relations between people who share a relevant protected characteristic and those who do not.

There has been extensive policy engagement with stakeholders throughout the review of the previous Strategy and in the development of the revised Strategy.

Overall feedback from stakeholders has been positive. Our engagement has identified a common theme requesting that the new Strategy adopts a more preventative approach to the issue of human trafficking. As such, the application of a public health approach has been welcomed. Our engagement process has also enabled direct consultation with multiple groups of human trafficking survivors and this has led us to incorporate their desire for greater involvement of lived experience in the revised Strategy.

Key Findings

• Age – the experiences of trafficking and exploitation differ depending on whether a person is a child or an adult, both in terms of the types of exploitation they may face, and the support services required to assist them.
• Disability – there is limited evidence in Scotland in relation to how this characteristic intersects with trafficking and exploitation. However, it is widely recognised^[1] that learning disabilities and mental health issues may make people more vulnerable to becoming victims of trafficking and exploitation.
• Sex – the data from the National Referral Mechanism underlines the differing experiences of human trafficking and exploitation that can be created as a consequence of sex. In the Scotland, women are significantly more likely than men to be trafficked for the purposes of sexual exploitation. However, men are more likely than women to be trafficked for the purposes of labour and criminal exploitation in the Scotland. Trafficking impacts women, men, girls and boys differently and some forms of trafficking and exploitation are more likely to affect one sex over another.
• Sexual Orientation – there is limited evidence in relation to how this characteristic intersects with trafficking and exploitation in Scotland. However, it is recognised that the intersection between different vulnerabilities affects genders in different ways which may result in the amplification of specific risks for LGBTQIA+ groups^[2]. In addition, they may also experience increased barriers to identification and support due to gender identity-based discrimination intersecting with other risk factors and marginalisation. Scotland’s new Trafficking and Exploitation Strategy includes an outcome focused on the improved used of data, evidence and research to inform implementation. This commitment will help to build the evidence-base across a number of measures to enable us to better understand the challenges faced by specific groups.
• Pregnancy and Maternity, Gender Reassignment and Religion or Belief – further evidence is required to understand more fully the challenges posed by the intersection of human trafficking with these protected characteristics. Scotland’s new Trafficking and Exploitation Strategy includes an outcome focused on the improved used of data, evidence and research to inform implementation. This commitment will help to build the evidence-base across a number of measures to enable us to better understand the challenges faced by certain characteristics.
• Race – survivors who are from ethnic minorities have reported barriers/discrimination within trafficking specific and non-trafficking systems. Alongside these challenges, significant levels of mistrust of authorities can be present among people from ethnic minority backgrounds.

Recommendations

Throughout the process of engagement with external and internal stakeholders the revised Strategy has evolved as a consequence of consultation processes and impact analysis.

The Strategy is underpinned by seven principles which will guide all activities taken forward. Each of these principles has been included when considering our ongoing impact analysis throughout the process of drafting the new Strategy. The Strategy includes, amongst others, principles of age and gender sensitivity and cultural competence. The EqIA identified:

• that more insight is required on how the sex of victims impacts trafficking and exploitation. Trafficking impacts women, men, girls and boys differently and some forms of trafficking and exploitation are more likely to affect one sex over another. It is important that this recognition translates into appropriate support for each survivor of trafficking and exploitation and more evidence on this is needed to ensure that we can tailor support appropriately to these needs. As part of this commitment, we will seek to gather further information to inform any interventions under the Strategy. This will also include evidence on:
• the challenges/impact of pregnancy and maternity on human trafficking and exploitation
• the barriers faced by people with gender reassignment in relation to human trafficking and exploitation
• the impact of sexual orientation on human trafficking and exploitation
• additional insight into the impact of race and racism on human trafficking and exploitation
• the impact of religion or belief on human trafficking and exploitation.