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

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Applicable answer(s): Positive

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

By making it a criminal offence to stir up hatred based on sex, the regulations help protect both 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 as well as the UNCRC requirements in Scotland.

The UNCRC Act requires governments to ensure that all children are treated equally, regardless of identity. Adding sex to the 2021 Act ensures that girls, who are statistically more likely to face abuse and harassment based on sex, will receive the same legal safeguards as other groups protected under hate crime law, such as those defined by age, disability, or religion.

Further, UNCRC Article 29 supports the right of children 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

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

Not applicable

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Please summarise mitigation actions taken below

Issue or risk identified and relevant UNCRC requirement

Not applicable

Action Taken/ To Be Taken

Not applicable

Date action to be taken or was taken

Not applicable

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Not Applicable

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Not Applicable

Respected: Yes

Responsible: Not Applicable

Included: Not Applicable

If yes, please provide an explanation below:

The regulations contribute meaningfully to the wellbeing of children and young people in Scotland by reinforcing their right to be safe and respected, regardless of their sex. The legislation makes it a criminal offence to stir up hatred based on sex, sending a clear societal message that sex-based hostility, whether directed at girls or boys, will not be tolerated.

This change supports the creation of safer environments in schools, communities, and online spaces, where children and young people increasingly report exposure to sexist and misogynistic behaviour. While girls and young women are disproportionately affected by this, boys and young men also face harm through rigid gender expectations and toxic masculinity. By recognising sex-based hate as a serious offence, the regulations affirm that all children deserve protection from prejudice and abuse.

Finally, the legislation aligns particularly with Articles 2 and 19 of the UNCRC, which guarantee protection from violence and discrimination. It also aligns with Article 29, which supports children's right to an education that promotes respect, equality, and dignity.

In this context, the inclusion of sex as a protected characteristic is a step toward ensuring that children and young people in Scotland grow up in environments where they are valued, safeguarded, and empowered to thrive.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

We recognise the importance of ensuring that young audiences understand the change and its relevance to their rights. In the event that Parliament votes to agree the SSI, we will work constructively with stakeholders such as schools and youth organisations to consider how best to communicate the change to children and young people.

Where appropriate, we will also liaise with colleagues in education policy to support consistent messaging.