Equality duty: mainstreaming report 2023-2025

Key Mainstreaming Efforts

The following examples highlight other areas of work where we demonstrate successful mainstreaming.

Development

We continue to strengthen our comprehensive programme of diversity and inclusion training, which is available to all Scottish Government staff. In 2023, we introduced revised training, guidance, tools, and resources to enhance staff capability in completing equality impact assessments (EQIAs). This ensures that policies and services actively advance equality and uphold human rights. Our approach includes an introduction to human rights training, virtual workshops, and a suite of continuous professional development (CPD) resources, all of which are continuously refined based on user feedback.

Leadership

We have established a new Equality and Human Rights Senior Leadership Group (EHR-SLG) within the Scottish Government. This group was formed in response to various drivers, including recommendations from the National Advisory Council on Women and Girls (NACWG) to accelerate progress on intersectional gender equality. The EHR-SLG plays a pivotal role in driving system-wide change by fostering collective leadership, influencing policy and practice, and ensuring that equality and human rights considerations are embedded across the Scottish Government and the wider public sector.

Strategic Decision-Making

We have embedded equality and human rights assurance into key Scottish Government strategic processes, such as the Programme for Government, Budget and Certificates of Assurance.

The Cabinet Secretary for Finance and previous Minister for Equalities, Migration and Refugees responded to the Equality and Human Rights Budget Advisory Group (EHRBAG) recommendations in September 2023, committing to the recommendations in principle. An action plan was developed in collaboration with the Group and is now being delivered to ensure we continue progressing our goals in Equality and Human Rights budgeting.

The Cabinet Secretary for Finance and Local Government and Minister for Equalities attended the EHRBAG meeting in October 2024. The Cabinet Secretary and Minister strongly value the advice and expertise of the EHRBAG, and look forward to continuing to engage with them as we further improve our processes.

We worked with the Organisation for Economic Co-operation and Development (OECD) to learn from international best practice on gender budgeting, and to support Scottish Exchequer to conduct two pilots. This included asking the OECD to assess our existing approach to gender budgeting and explore how alternative approaches might be applied in the Scottish Government. Pilots, in the economy and justice portfolios, were established to: to test the feasibility of a new approach, using enhanced EQIA’s, of aligning policy activity to strategic overarching gender goals, and assess the difficulty of identifying relevant activity within portfolio budget lines. In their review of our current approach, the OECD found strong political commitment to addressing inequalities and highlighted the strength of support from organisations like the Equality and Human Rights Budget Advisory Group (EHRBAG) and the National Advisory Council Women and Girls (NACWG).

Improvements to Public Sector Equality Duty

On 4 October 2023, the Minister for Equalities, Migration and Refugees issued stakeholder communications outlining the next steps in strengthening how PSED works in Scotland. We are taking a phased approach to PSED improvement, which includes action to enhance the regulatory framework within devolved competence, alongside non-regulatory reforms to maximise the impact of existing regulations. We continue to drive forward actions on improving inclusive communications, strengthening pay gap reporting, and exploring the use of ministerial powers under Regulation 11 to advance equality more effectively.

Hate Crime Strategy

In November 2023, we published the Hate Crime Strategy Delivery Plan, setting out actions for the next two years to deliver Scotland’s Hate Crime Strategy, launched in March 2023. The strategy focuses on three key aims: improving support for victims, enhancing data and evidence, and developing effective approaches to preventing hate crime. Central to this was implementing the Hate Crime and Public Order (Scotland) Act 2021, which came into force on 1 April 2024 and protects against offences aggravated by prejudice. Developed in collaboration with expert partners, this work addresses the profound impacts of hate crime on individuals and communities.

Activity Relating to Specific Characteristics

Improving Lives of Gypsy/Travellers

The Improving the Lives of Scotland’s Gypsy/Travellers 2 – Action Plan 2024-2026 supports the long-term vision of creating a Scotland where everyone has equal opportunities, and individual needs are recognised and met. Developed through engagement with communities and organisations representing Gypsy/Travellers, the plan focuses on five priority areas and corresponding actions. This collaborative approach, guided by the Gypsy/Traveller Stakeholder Group co-chaired by the Scottish Government and COSLA, ensures that the voices of communities were central to shaping the plan and fostering meaningful, two-way dialogue.

New Scots

The New Scots Refugee Integration Strategy, jointly led by the Scottish Government, COSLA, and Scottish Refugee Council, supports the integration of refugees, people seeking asylum, and other forced migrants into Scotland’s communities. Published in March 2024, the refreshed strategy builds on the pioneering New Scots approach which has been in place for over a decade, while addressing the impact of changes in asylum legislation and large-scale relocations and resettlement of people from Afghanistan and Ukraine. It seeks to advance equality, eliminate discrimination, and foster good relations by promoting integration within safe and welcoming communities, recognising rights and responsibilities, and celebrating the diversity and strengths New Scots bring. Guided by a rights-based approach and meaningful participation of New Scots, the strategy ensures their needs, rights, and aspirations shape policy and decision-making. Through collaboration with organisations and communities, it provides integration support from day one of arrival, creating inclusive and resilient communities across Scotland.

The New Scots Refugee Integration Strategy: Delivery Plan 2024-2026 was published in July 2024 and contains the actions that New Scots partners are undertaking to deliver the strategy. This includes actions on a number of areas which are key for New Scots, such as a national advice and information helpline, as well as improving support around the recognition of qualifications and information on routes into employment. The delivery plan will be reviewed annually to reflect changing context, new actions required and progress. The first review will be undertaken in summer 2025.

BSL Action Plan

The BSL National Plan 2023-2029, published on 6 November 2023, outlines 45 actions across 10 priority themes to address barriers faced by BSL users and promote equal access, opportunity, representation, and inclusion in areas such as education, health, justice, and culture. The plan reflects the Scottish Government’s commitment to mainstreaming BSL as a unique language with its own vibrant culture while removing barriers for BSL users. Delivered in collaboration with the Implementation Advisory Group, which includes representatives of deaf and deafblind communities, the plan ensures accountability and benefits from lived experience. Ongoing engagement with the BSL community and stakeholders will enhance accessibility through technology, awareness of communication tools, and improved BSL services and information.

Children’s Rights

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 makes Scotland the first UK nation and devolved nation globally to directly incorporate the UNCRC into domestic law, fostering a culture of accountability for children’s rights across public services.

Key provisions, commenced in July 2024, include duties ensuring public authorities act compatibly with the UNCRC, interpreting legislation in line with UNCRC requirements, and empowering courts to strike down or issue incompatibility declarators for non-compliant legislation. The Act also enables children, young people, and their representatives to enforce their rights through the courts, reinforcing Scotland’s commitment to protecting and advancing children’s rights.

LGBT Curriculum

LGBT inclusive education builds on Scotland’s recognition as one of the most progressive countries in Europe on LGBT rights. We will be the first country in the world to have LGBT inclusive education embedded across the curriculum. Inclusive education needs to start early so all children and young people begin to learn and understand tolerance, respect, and equality. This will support our children and young people to build healthy relationships and prevent prejudice occurring in any form. Educational settings have a lot to contribute, but it is vital we all help instil the values of respect and tolerance in our children and young people.

Leadership, Culture Wellbeing – Embedding anti-racism

We are working with NHS Scotland to embed anti-racism practice within the workplace.

Following recommendations from the Expert Reference Group on Covid-19 and ethnicity and the EHRC we began to develop a programme of systemic change that will lead to improved recruitment, retention, and progression outcomes for ethnic minority staff. More diverse staff alongside improved training on diverse health needs will lead to improved outcomes for patients.

Fair Work

We have made significant progress in improving labour market outcomes for women, disabled people, and ethnic minorities through the Fair Work Action Plan and the Anti-Racist Employment Strategy. The Fair Work evidence plan provides a solid foundation for driving further positive change.

The disability employment gap has improved, now at 30.2 percentage points—the lowest since the 2016 baseline of 37.4 p.p. (ONS, APS Jan-Dec 2023). Scotland continues to have a narrower gender pay gap than the UK as a whole. In 2024, the median gender pay gap for full-time employees in Scotland was 2.2% compared to 7.0% in the UK, and for all employees (full and part-time) it was 9.2% versus 13.1%.

Our Anti-Racist Employment Strategy addresses labour market inequalities for racialised minorities by supporting employers to adopt an anti-racism approach in policy, data, and workplace culture. Key commitments include strengthening senior leadership, increasing the use of Positive Action, updating the Minority Ethnic Recruitment Toolkit, and developing an Anti-Racism Training Framework.

Since 2023, we have invested over £1m in a Public Social Partnership to improve the recruitment and retention of disabled people in the private sector. Reviews of Individual Placement and Support and Supported Employment have informed the introduction of Specialist Employability Support across all 32 local authorities from summer 2025.

We have also provided over £1.1m in funding since 2020-21 to promote flexible and hybrid working, supporting employers to adopt these practices. This is particularly beneficial for disabled people, carers (primarily women), and low-income workers, including racialised minorities. Since October 2021, flexible working from day one has been a Fair Work First principle in public sector grants, contracts, and funding.

The Fair Work First criteria have been updated to better address labour market inequalities, and a new Fair Work resource is being developed to support employers. Our approach aligns with the National Performance Framework, which highlights the need for stronger data collection. Moving forward, we remain committed to ambitious, evidence-driven action to tackle labour market inequalities.