The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment Regulations 2022 and The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2022: equality impact assessment

Sex

Background

As can be seen in Figure 5 (p43), more women tested positive than men during lockdown periods (March-June 2020, December-March 2020-21). This is partly due to the fact that women are more likely to work as a key workers and in people-facing roles that carry greater risk of infection.

Figure 5. Source: Public Health Scotland (PHS), data up to and including 17 January 2022

Despite women testing positive more often than men, data from up to September 2020 showed that, after adjusting for age, men were 1.4 times more likely to die from Covid than women.^[189] However, there is emerging evidence that women may be more affected by long Covid.^[190]

Scottish research into mental health impacts during the first wave of the pandemic shows that women reported higher levels of psychological distress than men across all ages, as well as symptoms of depression and anxiety. Women reported higher levels of anxiety than men. Loneliness was slightly higher in women than men. Women were most worried about friends and family members becoming seriously ill. Women were more likely to find the restrictions (in March 2021) on socialising difficult to cope with^[191]. This is consistent with UK-wide research on the mental health gender gap which, looking at data from the first wave, found that having a larger social network before the pandemic was strongly associated with larger declines in well-being after the onset of the pandemic: women reported more close friends before the pandemic than men, and higher loneliness than men after the pandemic started.^[192]

Women reported higher levels of anxiety than men. Loneliness was slightly higher in women than men. Women were most worried about friends and family members becoming seriously ill. Women were more likely to find the restrictions (in March 2021) on socialising difficult to cope with. A worldwide study on Covid and mental health also found that women have been disproportionately affected by Covid, as women are more likely to take on additional caring and household duties due school closure and family illness, and are also more likely to have lower salaries, less savings, and more precarious employment leading to greater financial instability.^[193]

The pandemic has increased socio-economic inequalities for women as they are overly represented in many 'shut down' sectors, such as retail, accommodation and food and beverage service activities.^[194]

Domestic abuse is highly gendered: in the period 2018/20 16.5% of adults had experienced at least one incident of partner abuse since the age of 16; higher in women (21.2%) than men (11.2%).^[195] Out of the 60,641 incidents police recorded in 2018-19, four of every five incidents where gender had been recorded had a female victim and a male accused.^[196] Throughout the pandemic rates of domestic abuse have increased: the domestic abuse and forced marriage helpline received 95% more calls in the period April-June 2020 than in the same period the previous year, and a 27% increase for the 2020-2021 year overall compared to the previous.

Differential impacts

Positive impacts

If the policy objective to reduce the risk of transmission is achieved, Covid Status Certification could positively impact men, as they are at a slightly higher risk of poorer health outcomes if they contract the virus.

British data from 2015 suggests that, although men spend on average more time than women on leisure activities in general, women spend on average more time socialising.^[197] Therefore if the policy objective of allowing higher risk settings to continue to operate as an alternative to closure or more restrictive measures is achieved, Covid Status Certification could benefit women as it facilitates their ability to socialise.

As previously stated, public insights polling found that women were 7 percentage points more likely than men (women 65% vs men 58%) to agree that, it they wanted to go to premises or an event, having a Covid Status Certification scheme in place would make them feel more comfortable doing this.^[198] Covid Status Certification could add a layer of reassurance to women and support them to feel safer and more confident participating in society.

Additionally, stakeholders stated that any measure that avoids future restrictions or closure would be welcomed by women in abusive relationships, who have suffered disproportionately during lockdowns, and by women more generally, who are more likely to be working in the sectors that Covid Status Certification may allow to remain open.

Negative Impacts

A study that uses the UK Household Longitudinal Study, a nationally representative panel, found 21% of surveyed women indicated vaccine hesitancy compared to 14.7% of men, with women estimated to be around 1.55 times more likely to be vaccine hesitant than men. The study also highlights that women were more likely than men to state that their main reason for vaccine hesitancy was concern about side effects, and that they do not trust vaccines.^[199] A negative test could be used as an alternative to proof of vaccination, however as a LFD test result is only valid for 24 hours, testing every day could be burdensome.

Studies have found that facial recognition software has gendered and racial bias and "generally work best on middle-aged white men's faces, and not so well for people of colour, women, children, or the elderly".^[200] Therefore when registering for the App it is possible that a slightly higher proportion of women may not be able to have their identity automatically verified.

Stakeholders informed us that women are more likely to share their phones with family members, such as their children. As the App can only log into one person's profile at time, women may be more likely to apply for a paper Covid Status Certification for themselves or family members.

Digital access may also be an issue for women in particular, who comprise around 58% of internet non-users in the UK, and who are more likely to be less confident using digital technology and to have insufficient resources to access digital equipment.^[201] The paper record of vaccination may mitigate this to some extent, as those without digital access can request it via the helpline, but this would then prevent digitally excluded women from demonstrating their test status, which is displayed via email or text.

There is the possibility that Covid Status Certification could be used beyond the intended purposes by private businesses and third parties as a condition of employment. As women are more likely to be vaccine hesitant than men this could impact women more than men. The pandemic has already exacerbated socio-economic and workplace inequalities for women, so if the policy intention was exceeded there is the possibility this could be aggravated. A negative test could be used as an alternative to proof of vaccination, however as a LFD test result is only valid for 24 hours, testing every day could be burdensome. Businesses which are not covered by the Government's Covid Status Certification are required to meet their obligations under all relevant law including data protection, the Equality Act and Human rights. For more information see the Equality and Human Rights Commission Guidance for Employers.

Finally, as with older or disabled people, there is the risk that Covid Status Certification could be used as a tool to enact coercive control. This would likely impact women far more than men as evidence shows domestic abuse is highly gendered.