Violence against women and girls funding review: analysis of responses

Questions 5.1 and 5.2

Should access to services for those experiencing violence against women and girls be a right in law for any woman who needs them e.g. like child/adult protection? Please give reasons for your answer.

The majority of respondents (84%) believed that access to services for those experiencing violence against women and girls should be a right in law for any woman who needs them. Agreement rates did not differ substantially among respondent groups as 79% of organisations agreed, and 86% of individuals.

The free-text part of this question comprised 215 responses, consisting of 141 individual responses and 74 organisation responses. The organisations that answered this question included 8 local authorities/governments, 4 NHS organisations, 41 third sector organisations, and 21 classified as "other" or did not specify. There were seven themes emerging from the qualitative analysis of the free-text responses to this question,

Theme 1: Ensuring provision of and access to services and specialists

The most recurring theme in respondents' answers to this question was that access to services for those experiencing violence against women and girls should be a right in law for any woman who needs them. Most respondents considered this essential to ensure provision of and access to services and specialists, as well as promote continuity of practice. Many respondents also mentioned access to services should be equal across all areas, and it should also be offered to those with no recourse to public funds.

"Access to the necessary medical, psychological, financial and social services should not be based on circumstances. Only by codifying the right to such services and by government then being held to account for implementation can services reach all who need them." (Individual)

"Because it is so hard for survivors to access services - partly because of a lack of adequate services and also because of the effects of shame. Making services available by law may help break down some of the barriers for survivors and help them feel it is their right (and society's responsibility) to have support." (Individual)

Theme 2: A fundamental human right

Respondents frequently stressed that access to services for those experiencing VAWG should be a right in law for any woman who needs them, in order to uphold fundamental human rights. Many respondents felt that VAWG is a human rights issue, and it should be regarded as equal to any other threat to human safety and wellbeing.

"DA has lifelong implications for victims and as such should be a human right to access women's aid services." (Individual)

"Any violence has consequences; emotional, physical, spiritual and social consequences. Many women find themselves bereft of friends and family when they escape or reject their abuser. Children may not be believed. So the wider community must step up to adequately support survivors and the loved ones of the bereaved." (Third sector organisation)
"We do this through adopting the rule of law. The personal experience of those directly impacted becomes the social fabric of Scotland. We must prioritise eradicating violence against women and girls, and rid our communities of it." (Third sector organisation)
"We do this through adopting the rule of law. The personal experience of those directly impacted becomes the social fabric of Scotland. We must prioritise eradicating violence against women and girls, and rid our communities of it." (Third sector organisation)

Theme 3: Single-sex services and separation of gender and sex in law

Respondents to this question frequently believe that single-sex services should be a fundamental criterion if access to services should be passed as a right in law. Many answers highlighted that females have specific needs and issues that need to be treated by single-sex services and supporting them with services that are not single-sex is a breach of their rights.

A number of respondents also mentioned the separation of gender and sex in law stating that sex is a protected characteristic in law, and any legislation should refer to that. A few respondents referenced the Equality Act 2010 and the legal right to single sex services.

"This should be a legal right but further to this we already have a legal right to single sex services under the Equality Act 2010 but the Scottish government's funding criteria prevents MVAWG^[7] services operating on a female only basis. As a female survivor of extreme male violence I currently cannot access a female only rape crisis service, I have no possibility of securing justice and have been massively financially and psychologically impacted." (Individual)

Theme 4: Securing funding and ensuring planning of services

The next most mentioned theme focused on recognising that access to services for those experiencing VAWG as a right in law for any woman who needs them, would ensure funding for services as support would legally have to be funded. Additionally, respondents mentioned that this would make it easier to hold local authorities and organisations accountable and promote development of plans and operational frameworks for these services.

"This puts a statutory responsibility in place for various organisations to develop operational frameworks and processes to comply with this statutory obligation. It gives confidence to victims and a means of recourse when matters dealt with badly by involved agencies. It further creates accountability and clear guidelines as to what each agencies responsibilities are." (Individual)

Theme 5: A strategy to change society's perception and promote advocacy and safety

Some respondents discussed that making services for women experiencing VAWG a right in law can also be seen as a strategy to change society's perception of VAWG and to model socially acceptable behaviour. Respondents stated that legislation against committing GBV and penalties for breaching such a law would send a strong message to both society and perpetrators as well as promote advocacy on the VAWG issues.

"The very fact it is a right in law can help to raise confidence that they have a right to be supported and heard." (Individual)

Theme 7: Unintended consequences and alternatives to new legislation

Lastly, the final topic discussed by respondents was focused on the fact that excluding male victims would translate to unfavourable treatment. Respondents also highlighted that a right in law only for women could also result in services becoming narrower and possibly a shift towards statutory services, which may reduce the provision of services from third sector organisations that are not only focused on women. A few respondents also highlighted the challenges in implementing the current policy and legislation in Scotland, suggesting that further legislation may not translate into better services. Instead, they proposed to reform, implement and monitor the enforcement of existing legislation.

"The above exclusionary proposal would be a human rights act violation on gender equality." (Individual)