Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal:

• Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose.

At present, the Hate Crime and Public Order (Scotland) Act 2021 (“the 2021 Act”) makes it a criminal offence to behave in a threatening or abusive way, or to communicate threatening or abusive material, with the intention of stirring up hatred against a group of people based on protected characteristics. The current list of characteristics are age, disability, religion, sexual orientation, transgender identity, or variations in sex characteristics. It also provides that any criminal offence can be aggravated by prejudice towards a person or group based on these characteristics.

The Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026 (“the Regulations”) have the effect of adding the characteristic of “sex” to the 2021 Act.

This means that the Regulations will make it a criminal offence to stir up hatred against women and girls, as well as men and boys, on the basis of their sex. They will also give courts the ability to impose a statutory aggravation where they consider a crime has been motivated by prejudice against a person’s sex. When a crime is treated as aggravated, it doesn’t change the nature of the original offence, but it does affect how it’s dealt with in court in that a judge may take the aggravating factor into account when deciding on a sentence. The recording of information about offences aggravated by prejudice also helps highlight the impact of hate-motivated crimes on individuals and communities.

The offence of stirring up hatred refers to behaviour or communication that is threatening or abusive, and is intended to encourage others to hate a particular group of people because of a characteristic as provided for in hate crime law such as their, age, disability, religion, sexual orientation, transgender identity, or variations in sex characteristics.

For behaviour to amount to an offence of stirring up hatred, it must meet a high threshold. It must be threatening or abusive, and there must be intent to stir up hatred. Simply expressing controversial or offensive opinions is not enough to meet this threshold. The regulations also include protections for freedom of expression, to clarify that the offence is not intended to capture debate or criticism, including making comments about a group that may be considered, say, negative or discriminatory, as long as it doesn’t cross into threatening or abusive territory with the intent to incite hatred.

This change means that women and girls (and men and boys) will have access to the same legal protections under the 2021 Act as other groups who may be targeted by hate crime.

Start date of proposal’s development: May 2025

Start date of CRWIA process: July 2025

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

By making it a criminal offence to stir up hatred based on sex, the law helps protect girls and boys from harmful and hostile behaviour that targets them because of their biological sex. This aligns with the UNCRC’s commitment to protecting children from violence, abuse, and discrimination (Articles 19 and 2).

The UNCRC Act requires governments to ensure that all children are treated equally, regardless of their identity. Adding sex to the 2021 Act ensures that boys and girls receive the same legal safeguards as other groups protected under hate crime law, such as those defined by age, disability, or religion.

Further, article 29 under the UNCRC requirements supports that children have the right to educational environments free from fear and hostility. Recognising sex-based hate as a serious offence sends a clear message that sex-based prejudice and abuse will not be tolerated, leading to safer communities and schools for children at a time where many report that hostility against women and girls in schools is rising.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from:

• existing research/reports/policy expertise

According to the Educational Institute for Scotland (EIS), “misogyny - a dislike for, contempt of or belief in the inferiority of women - begins to take root in the early years of a child’s development, much of which is influenced by the home environment. Such attitudes, if unchallenged at home, or at school and college and beyond, can become firmly embedded.”^[1] This EIS focus group found that in schools, “casual though often vindictive use of overtly sexualised and derogatory language - ‘slut’, skank’ and ‘whore’ were widely used against girls or women staff”, and “joking about the sexual abuse of and physical violence against, women and girls, or framing conversations about the issue in such a way as to blame victims”.

Further, a study on behalf of the Equally Safe at School Evaluation team surveyed over 13,000 students in Scottish secondary schools on questions relating to gender^[2] and found that while “most boys do not hold…negative views [of women and girls], … there is urgent need to address the fact that a sizeable minority do.” For example, 5% of girls either strongly disagreed or disagreed with the statement “nowadays, boys should realise that girls are their equals”, this figure rose to 17% of boys. Further, 74% of girls strongly agreed with the statement “girls should have the same freedom as boys” while only 44% of boys strongly agreed with this. When asked whether they agree with the statement that “overall, there are more things that boys are better at than girls” 84% of girls either disagreed or strongly disagreed, whereas only 50% of boys either disagreed or strongly disagreed.

In April 2025, the BBC commissioned a study of secondary schools^[3] and found that 39% of secondary school teachers said they are aware of at least one incident of misogynistic behaviour from a pupil in the last week. However, the behaviour of boys and young men does not only impact their female peers – a 2021 study conducted by TES found that one in five female teachers had experienced sexual abuse or harassment by a pupil^[4], and 19% of female teachers in Scotland said they have experienced physical abuse or violence from pupils several times a week in the previous 12 months, compared to just 3% of male teachers^[5].

More than half of girls and young women aged 11-21 say they’ve seen hate speech online, with this figure rising to 68% of girls with a disability, and 72% of girls who identify as LGBTQ+^[6]. Girlguiding also found that 3 in 4 girls aged 11-16 have seen or experienced sexism, with this figure increasing to 95% for young women aged 17-21. Of those aged 11-16, most say they see or experience sexism online (61%), with 58% saying they see it at school or in their daily life. This is having a noticeable impact on the way in which young girls think they should behave – for girls aged between 7-10 there was an increase of almost double (16% in 2014 compared to 31% in 2024) of those who say they are expected to behave differently in the kinds of sports and exercise they do, an increase from 18% to 30% in the things they are expected to like in school, and an increase from 13% to 25% in the things they say.

Tackling violence against girls is crucial due to the way in which the sexism they see daily is impacting girls’ sentiment towards their future. Girl guiding found that almost 1 in 3 girls and young women are worried about being treated fairly and respectfully in future because of their sex, and a quarter say sexism makes them feel like they won’t achieve what they want to.

• consultation/feedback from stakeholders

Public consultation on the draft SSI to add sex to the 2021 Act ran between 28 August and 17 October 2025, and received responses from stakeholders concerned with equality for women and girls.

In their responses to the consultation, a number of organisations expressed support for the inclusion of "sex" in the 2021 Act particularly in relation to its potential to strengthen protections for children and young people. These organisations argued that the proposed amendment would help close existing gaps in legal protection for girls, and ensure parity with other protected groups already covered by hate crime legislation.

Central to these views is the recognition that girls are disproportionately affected by misogynistic abuse, harassment, and online harms, and that such experiences often begin in childhood. Respondents highlighted that children should be protected from all forms of violence, abuse, and neglect. By recognising sex-based hostility as a hate crime, the legislation would provide a clearer statutory basis for safeguarding children (particularly girls) from environments that normalise gender-based prejudice and violence.

Supporters also emphasised the importance of robust data collection and monitoring. Recording the sex of victims and perpetrators in hate crime cases would enable better understanding of patterns of harm, inform targeted interventions, and support evidence-based prevention strategies in schools, youth services, and communities. This was seen as particularly important for addressing intersectional vulnerabilities, such as those faced by girls who are also disabled, from ethnic minority backgrounds, or LGBTQ+.

Others also mentioned the need for comprehensive training and guidance for professionals working with children, including teachers, youth workers, and social workers. They argued that the legislation must be implemented in a trauma-informed and age-appropriate manner, with clear communications to ensure children and young people understand their rights and how to report hate-based incidents.

• consultation/feedback directly from children and young people

While there was no direct consultation with children on the draft SSI, the Scottish Government’s public consultation process was open to individuals of all ages, with no minimum age requirement for participation. This meant that any child or young person who wished to share their views on the proposed changes could do so through the standard consultation channels. No respondent was asked to provide their age when submitting their response.

The Scottish Youth Parliament submitted a response to the consultation which reflected their engagement directly with children and young people, as did Girl-Guiding Scotland.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

While the regulations will apply equally to men and boys as well as women and girls, there remains a notable gap in evidence regarding the prevalence and nature of “misandry” (dislike of, contempt for, or ingrained prejudice against men/boys), particularly among children and young people. Unlike misogyny, which has been the subject of extensive research and public discourse, there is limited data capturing the extent to which boys experience hostility, discrimination, or violence specifically because of their sex.

This gap is especially pronounced in online and educational settings, where concerns about harmful attitudes towards women and girls are increasingly recognised. While boys may be exposed to damaging stereotypes such as pressure to conform to aggressive or emotionally repressive behaviours, there is little empirical research that explores whether and how boys are targeted with violence due to their sex alone. The absence of this evidence makes it difficult to assess whether misandry among young people constitutes a widespread or systemic issue comparable to misogyny.

Addressing this evidence gap would require targeted research into boys’ experiences of sex-based hostility, particularly in relation to peer dynamics, online abuse, and school-based interactions, which is beyond the scope of this project. However, the SSI is gender-neutral and, as such, provides powers for police and prosecutors to address criminal behaviour towards boys motivated by misandry insofar as this may occur. This may be an area that becomes more apparent as implementation progresses and further evidence emerges. We will ensure ongoing monitoring and evaluation of the effects of the SSI throughout this process.

5. Analysis of Evidence

An analysis of both publicly available data and specific consultation responses provides an evidence base for understanding how misogyny and sexist attitudes currently affect children and young people across multiple domains, particularly online and in schools.

It highlights the gendered nature of harm, showing that while girls bear the brunt of misogyny, boys are also negatively impacted by toxic masculinity and restrictive gender expectations, though we did not find any evidence that boys are directly negatively affected by criminal behaviour motivated by misandry.

This confirmed our initial assumptions about how this SSI will impact on articles 2, 19 and 29 as described in question 2.

6. What changes (if any) have been made to the proposal as a result of this assessment?

No changes were made to the draft SSI as a result of evidence gathering which specifically focused on children and young people, as the evidence reaffirmed the intended outcomes of the SSI and therefore there was no need to make amendments. The policy, from its inception, was always intended to apply to individuals of all ages, which includes children and young people.

As noted above, the public consultation on the draft SSI was open to respondents of all ages, allowing young people to contribute their views if they wished. Several youth organisations did respond, offering valuable insights into how misogyny and gender-based hostility affect children and young people.

Although the policy is expected to benefit girls and young women most directly, it will also extend protections to boys and young men, ensuring that all young people are covered by the legislation.