UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response

2. Equality and Non-Discrimination

A) Equality (General)

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
79	Ghana	Reinforce measures to combat all forms of discrimination and inequality	Support	Support
146	North Korea	Ensure protecting the right of minorities and migrants for access to employment, housing, public health and education on an equal basis with others and enhancing their quality of life	Note	Support
250	Spain	Strengthen the protection of the rights of women, people with disabilities and LGTBI people and take measures to prevent hate crimes both online and offline	Support	Support
261	Cuba	Continue taking measures to eliminate disparities affecting minorities in accessing to criminal justice, employment, health, and education	Support	Support

Relevant section(s) of the October 2022 UPR Position Statement

• 2 – Equality and Non-Discrimination
• 3 – Tackling Hate Crime

Recent Progress and Next Steps

Disability Equality & British Sign Language (“BSL”)

The Scottish Government is committed to making Scotland the best place in the world for users of British Sign Language to live, work, visit and learn. To support that ambition we have published a new BSL National Plan for Scotland 2023-2029^[48].

The BSL National Plan was developed by a Short Life Working Group consisting of organisations representing the deaf, deafblind and BSL communities.

The Scottish Government has committed to publishing an Immediate Priorities Plan^[49] to combat the effects the cost of living crisis continues to have on disabled people.

The Scottish Government is committed to co-designing this plan with disabled people and the plan is guided by the principles of the UN Convention on the Rights of Person with Disabilities (“UNCRPD”). We engage pro-actively with Disabled Peoples Organisations (“DPOs”). These are civil society organisations where at least 50% of board members (and in most cases staff) have personal lived experience of disability.

A Short Life Working Group has been established to develop the plan and is made up of three key DPOs: Glasgow Disability Alliance, Inclusion Scotland and Disability Equality Scotland. Since March 2023 the group has met five times to ascertain and agree the contents of the Immediate Priorities Plan. We are now in the final stages of refining the actions that will feature within the plan.

The Scottish Government’s Equality and Human Rights Fund^[50] currently provides support for a range of work focused on tackling inequality and discrimination, furthering equality, and advancing the realisation of human rights in Scotland.

Through the forthcoming Scottish Human Rights Bill, the Scottish Government will incorporate the UNCRPD, within the limits of devolved competence, into domestic law.

Strategic Policing Priorities – equality, diversity and inclusion

Strategic Policing Priorities (“SPPs”)^[51] in Scotland were developed through a public consultation, both online and with in-person events including one hosted by the Scottish Human Rights Commission.

The SPPs were published in December 2019 and refreshed in early 2023. An equality impact assessment was undertaken as part of the consultation, using evidence from the Coalition for Racial Equality and Rights (“CRER”). An emphasis on equality and human rights is at the core of the SPPs, including a commitment to a diverse workforce. Police Scotland’s own Code of Ethics^[52] also highlights awareness of cultural issues, beliefs and values. We expect that these priorities will remain in place for a period of two years ahead of the next full review consultation which is due to take place in 2025.

The Scottish Police Authority (“SPA”) is committed to eliminating discrimination on the basis of all protected Equality characteristics. The SPA undertakes Equality Impact Assessments to understand the potential or actual effect of policies, practices and decisions across all protected characteristics. The Joint Equality Outcomes 2021-2023^[53] published in May 2021 by the SPA and Police Scotland have eight Equality Outcomes covering both equality in employment and in service delivery, to ensuring equality is at the heart of policing.

Police Scotland has also established an Independent Review Group (“IRG”) to act as a critical friend and partner supporting Police Scotland to deliver sustainable improvement to Equality, Diversity and Inclusion (“EDI”) outcomes across the service. EDI is a key element of leadership training through Police Scotland’s ‘Your Leadership Matters’ programme. EDI is also included in probationer training and a plan is in place for force wide EDI refresher training.

The IRG has an independent chair, two vice chairs and seven other members all of whom have vast experience in matters relating to equality, diversity and inclusion and have experience in advocating on behalf of minority communities. The IRG presented the first of its interim reports to the SPA on 25 May. Police Scotland has also developed an Equality, Diversity and Inclusion Strategy 2022-26^[54].

Prisons

The Scottish Prison Service (“SPS”) has statutory obligations under the Human Rights Act 1998 to act compatibly with human rights and under the Equality Act 2010 to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different people when carrying out their activities.

The SPS embeds equality, diversity and inclusion into daily practices across all of Scotland’s prisons, including developing policies and procedures with full consideration of equality issues. SPS ensures that strategy, policy development, analysis and practice are in line with equalities and human rights guidance.

The SPS recognises that Equality and Human Rights Impact Assessments (“EHRIA’s”) are an important mainstreaming tool, and conducts EHRIAs as part of its approach to policy review and development. This enables it identify how policies impact groups and individuals in relation to one or more of the protected characteristics. In line with obligations under the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012^[55], all EHRIA’s are published on the SPS website.

A recent series of needs assessments conducted by the Scottish Government on substance abuse, social care, mental health and physical health needs of people in prison has provided SPS with more information about the people in its care and it is using this information to look to refresh our health and wellbeing frameworks.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We are creative and our vibrant and diverse cultures are expressed and enjoyed widely.
• We are well educated, skilled and able to contribute to society.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 5 - Achieve gender equality and empower all women and girls.
• 8 - Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• 10 - Reduce inequality within and among countries.

B) Gender Equality

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
28	Peru	Undertake the necessary reforms to include protection against gender-based discrimination in the national legislation	Note	Support
115	Lithuania	Continue measures to increase gender balance in political and public life, particularly in Northern Ireland	Support	Support
152	Azerbaijan	Strengthen the implementation of programmes and policies for providing effective access to health care for women belonging to marginalized groups	Support	Support
158	India	Continue with legislative and policy measures for ensuring pay parity and equal access to safe reproductive health services across all of the United Kingdom	Support	Support
160	Eswatini	Continue to address and strengthen laws that improve access to healthcare for women and girls	Partially Support	Support
165	Paraguay	Establish inclusive and affordable measures to facilitate women and girls' access to education, health care and other support services in rural areas	Support	Support
185	Lithuania	Make education, employment and healthcare services more accessible for women and girls living in remote rural areas	Support	Support
188	Nepal	Continue measures to enhance representation of women in decision making levels including from ethnic minorities	Support	Support
191	Slovenia	Apply a combined gender and age perspective in tax and benefits policy changes to avoid disproportionate negative effects on older women	Note	Support
192	Thailand	Continue to promote meaningful participation by women and girls from different ethnic groups, both in their political and public lives	Support	Support
193	Timor-Leste	Ensure the equal participation of rural women in policy making processes and disaster mitigation and climate change	Support	Support
195	Vanuatu	Continue to strengthen mechanisms and policies to eliminate all kinds of discrimination against minorities, in particular women living in the rural areas of the country	Support	Support
197	Bahrain	Continue efforts towards ensuring the protection of women rights	Support	Support
201	China	Promote gender equality and ensure that women are free from all forms of discrimination and violence	Support	Support
206	South Sudan	Take measures to address the low representation of women in Northern Ireland and specific targeted measures to improve the representation of women in political and public life, including “Black, Asian and Minority Ethnic” women and women with disabilities, in Parliament, the judiciary, and decision-making positions	Support	Support

Relevant section(s) of the October 2022 UPR Position Statement

• 2(A) – Gender Equality
• 3(B) – Working Group on Misogyny and Criminal Justice in Scotland
• 8(F)(i) – Gender Equality in the Workplace

Recent Progress and Next Steps

Gender equality is at the heart of the Scottish Government’s vision for a fairer Scotland, one where women and girls have and are empowered to exercise equal rights and opportunities, have equitable access to economic resources and decision making, and live their lives free from all forms of violence, abuse, and harassment. Further information specifically on the Scottish Government’s work to tackle Violence Against Women and Girls can be found in Section 4.

The Scottish Government will continue to take steps to protect and promote women’s rights, and end gender inequality and gender based violence.

The National Advisory Council on Women and Girls (NACWG) was created in 2017 by the former First Minister with a mission to “be bold” and to challenge the Scottish Government about where it needs to do better in order to realise gender equality. The first phase of the Council was from 2018 to 2020 and they delivered an ambitious and challenging package of 21 recommendations from their initial three-year strategy, that they believe will make systemic change if they are taken forward collectively and with energy.

The second phase of the Council was launched on 31 March 2022, adopting a scrutiny and accountability role for a further three years. It will ensure the delivery of the recommendations submitted to the former First Minister in Phase One are implemented in a way that not only shapes policy development but also influences the system as a whole.

Following the recommendations of the NACWG, the Scottish Government is working to embed an intersectional gender competent approach across the entire government. One of the first steps is to ensure the Scottish Government budget is produced recognising the importance of gender competence.

In January 2023, the Scottish Government published the Women’s Health Plan Report on Progress^[56]. There is now a specialist menopause service in every mainland health board and a ‘buddy’ support system in place for the Island health boards. We have jointly commissioned new research on endometriosis with Wellbeing of Women, a UK women’s health charity.

We have also launched a new Women’s Health Platform^[57] on NHS Inform with new resources on menstrual health, menopause and pelvic health; we have established a NHS Women’s Health Leads Network, with a lead in almost every NHS Board, focussed on driving change at a local level; and we have increased the choices that women have to access contraception at community pharmacies.

Professor Anna Glasier has been appointed as Scotland’s first Women’s Health Champion. Professor Glasier is working with the Scottish Government, and partners across all sectors, to help drive forward improvements in women’s health and the provision of women’s health care.

In maternity care, the Scottish Government continues to lead work to implement the recommendations of ‘The Best Start: A Five Year forward Plan for Maternity and Neonatal Services^[58]’. The recommendations are based on a person centred approach to care and include a range of measures to improve maternity and neonatal care for all women and families, such as introduction of continuity of carer and measures aimed at keeping families together in maternity and neonatal services. In addition we have launched new programmes of work to improve miscarriage care and maternity safety.

The Scottish Government has also taken steps to improve women’s access to abortion, including taking forward recommendations from the March 2023 evaluation of early medical abortion at home^[59] to seek to improve patient choice where appropriate, and ensuring that telephone or video consultations are routinely offered as an option for women accessing abortion services.

In order to ensure that women accessing abortion services are not subjected to harassment, intimidation, or undue influence the Scottish Government has been working to support Ms Gillian Mackay, MSP, with the development of the Abortion Services (Safe Access Zones) (Scotland) Bill^[60] which was introduced in the Scottish Parliament on 5^th October 2023. The Scottish Government will continue to support the Bill throughout its Parliamentary passage.

The Scottish Human Rights Bill, which has just completed its consultation stage, will incorporate CEDAW, within the limits of devolved competence, into Scots law.

Women have historically been underrepresented in public and political life, including in key public and private sector decision-making positions and in the judiciary. While there have been positive increases in women’s representation over recent years, notably in relation to Scottish public appointments, many of which are subject to the Gender Representation on Public Boards (Scotland) Act 2018^[61], men continue to dominate other senior decision-making positions, particularly in the private sector and in local government.

In the Scottish Parliament, women now account for 46% of Members, more than at any time in the Parliament’s history. The Scottish Cabinet, which is the main decision-making body of the Scottish Government, made up of the First Minister and Cabinet Secretaries, comprises of 8 women and 4 men. Of the 18 additional junior Ministers who support Cabinet Secretaries, 10 are women. However, the position in local government is less favourable. In Scottish local authorities, 35% of councillors are now women, up from 29% in 2017, but still some way from gender parity.

The most recent Judicial Diversity Statistics^[62] for Scotland, published in November 2022, show that women continue to be under-represented in judicial positions in Scotland, accounting for just 27% of all appointments. Summary Sheriffs have the highest proportion of women at 51%. More broadly, across the organisations that make up Scotland’s justice sector, including Police Scotland, the Crown Office and Procurator Fiscal Service, and the Scottish Courts and Tribunals Service, women are under-represented in senior positions.

The Scottish Government and the Convention of Scottish Local Authorities (“COSLA”) has recognised that the remuneration of councillors may discourage some women from standing for election to local government. In response, the Scottish Local Authority Remuneration Committee has been asked to carry out an independent review of councillor’s terms and conditions, including pay. The Committee is expected to report its findings and recommendations by the end of 2023.

In 2018, the First Minister’s National Advisory Council on Women and Girls recommended that the Scottish Government legislate for local and national candidate quotas for all parties. While this is outwith the legislative competence of the Scottish Parliament, the Scottish Government has undertaken a review of international best practice in relation to candidate quotas, which will be published by the end of 2023.

The Scottish Government also provides funding for a number of third sector projects which aim to increase the representation of women in Scottish politics. These projects work: with political parties to assess their policies and practices and identify and remove barriers to women’s participation in politics; with women to support and equip them with tools and knowledge to stand for political office; and with young women under 30 to develop skills to enhance their employability, political and voter engagement.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• We are well educated, skilled and able to contribute to society.
• We value, enjoy, protect and enhance our environment.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.
• We tackle poverty by sharing opportunities, wealth and power more equally.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 5 - Achieve gender equality and empower all women and girls.
• 8 - Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• 10 - Reduce inequality within and among countries.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

C) Race Equality

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
54	Libya	Continue to work to combat discrimination, achieve equality and remove structural barriers that prevent racial and ethnic minorities from enjoying their rights without discrimination	Support	Support
56	Marshall Islands	Remove structural barriers to racial and ethnic minority communities’ equal and non-discriminatory enjoyment of human rights	Support	Support
57	Namibia	Take effective measures to address institutional racism, including by removing structural barriers that prevent racial and ethnic minority communities from enjoying human rights on an equal and non-discriminatory basis	Support	Support
59	New Zealand	Advance comprehensive policies and practices to eliminate discrimination against minorities	Support	Support
60	Nigeria	Scale up efforts in ensuring the elimination of racism and racial discrimination	Partially Support	Support
65	Russia	Take effective measures to prevent manifestations of intolerance on ethnic/national and racial grounds	Partially support	Support
67	Sierra Leone	Take concrete steps in addressing structural forms of racial discrimination	Note	Support
75	Burkina Faso	Remove structural barriers that prevent racial and ethnic minorities from enjoying human rights without discrimination	Support	Support
80	Indonesia	Improve efforts to address discrimination and prejudice towards racial, ethnic and religious minorities including Muslim minorities	Support	Support
111	South Africa	Accelerate the implementation of the 20 actions contained in the [UN’s] agenda towards transformative change for racial justice and equality	Support	Support
150	South Sudan	Remove structural barriers to racial and ethnic minority community, equal and non-discrimination enjoyment of human rights, including the rights to health and the right to an adequate standard of living	Note	Support
153	Colombia	Continue the implementation of measures against racial disparities in criminal justice, employment, mental health, and education	Support	Support
162	Barbados	Enhance efforts to address disparities among groups, as experienced on the basis of race, in criminal justice, employment, mental health and education	Support	Support
259	Uzbekistan	Consider paying necessary attention to promote the enjoyment of human rights for ethnic minorities	Note	Support
260	South Africa	Intensify the removal of structural barriers to racial and ethnic minority communities’ equal and non-discriminatory enjoyment of human rights	Note	Support
262	South Korea	Continue efforts to promote equal political, social, and economic rights of ethnic minorities, especially women and girls	Support	Support
272	Nepal	Continue efforts to eliminate all forms of discrimination against migrants and ethnic minorities	Support	Support
275	Philippines	Enhance anti-discriminatory measures to protect ethnic minorities and migrants, and guarantee their access to various government welfare and support programmes	Partially Support	Support [63]

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 2(B) – Race Equality
• 6(G) – Health Inequalities
• 8(F)(ii) – Race Equality in the Workplace

Recent Progress and Next Steps

A short-term Anti-Racism Interim Governance Group to Develop National Anti-Racism Infrastructure (“AIGG”)^[64] was established in April 2022 concluded at the beginning of September 2023.

The AIGG was an independently-chaired group of public appointees whose role it was to scrutinise the Government’s delivery of anti-racist outcomes for minority ethnic people in Scotland and to provide recommendations on how the Scottish Government can embed anti-racism into the infrastructure of government.

On 28^th June 2023 we published a progress review of commitments contained within the Race Equality Framework and the Immediate Priorities Plan^[65]. Further information can be found in the:

Anti-racism in Scotland: progress review 2023 - gov.scot (www.gov.scot)

The Anti-Racism Observatory

We are implementing the Anti-Racism Observatory as part of the recommendations from the Expert Reference Group on COVID-19 and Ethnicity, in recognition of the need for a strategic and coherent anti-racism approach to data, strategy and policy in Scotland. It is expected the Observatory will be formally launched in 2024- and will provide support and oversight of anti-racism work across Scottish Government and the public sector.

Although its functions are yet to be finalised, it is anticipated that they will include:

• Community & co-production – ensuring community-led co-production within Observatory and across public institutions
• Skills building – capacity building of communities and public institution officials
• Accountability – create systems of accountability with communities and develop accountability tools and processes to assess progress and rigour
• Repository of anti-racism related policy and initiatives
• Data and research
• Partnerships, public narrative and cultural engagement
• Advocacy – to advocate for power redistribution on decision-making and to be a champion for competent education and understanding of anti-racism

The Observatory will be part of the solution, not the answer, to tackle racism in Scotland.

The Scottish Government’s Strategic Team for Anti-Racism is looking at how it can work more strategically, in partnership with the Observatory, to challenge and supporting policy areas across government and the public sector to embed anti-racism. Developing internal governance and accountability is a key piece of this work.

Race Equality & Justice

The Scottish Government has recently published a review of quantitative evidence relating to ethnicity in the justice system in Scotland. The Ethnicity in the Justice System: Evidence Review^[66] collates existing data from a range of sources into one compendium for the first time - presenting a picture of what is currently known about the experience of different ethnic groups within Scotland's justice system.

The evidence review includes analysis of the Scottish Crime and Justice Survey data by ethnicity using a pooled sample of survey data (collected from 2008/09 to 2019/20) to investigate how experiences and perceptions of crime may vary for people of different ethnicities in Scotland. The analysis includes people’s experiences and perceptions of crime, community safety, and the justice system in Scotland. Key findings include:

• People who identify as African, Caribbean or Black have a higher rate of victimisation than the national average (22% compared to 17%)
• People who identify as White Minority Ethnic (56%)and African, Caribbean or Black (53%) are more likely than the national average (46%) to think that the national crime rate has stayed the same or gone down in the last two years.
• Those who identify as Asian and African, Caribbean or Black have a higher level of fear that they will be victim to both property crimes and violent crimes.
• People who identify as Asian (64%) are less likely to say that they feel safe walking alone in their local area after dark, whilst those from a Mixed or Multiple (81%) or White Minority Ethnic (76%) group feel more safe, compared to the national average (70%).
• People from all minority ethnic groups are more likely to hold positive views of the police than the national average.
• People from minority ethnic groups tend to have more positive views of the justice system than the national average. However, there are exceptions, where those from minority ethnic groups have a more negative view of the justice system. These relate to the fairness and treatment of those accused of a crime.

The Scottish Government has also published an Occasional Paper: analysing the ethnicity of individuals subject to hearings in Scottish courts^[67]. The paper presents new experimental analysis based on the Scottish Courts and Tribunals Service’s management information, on the ethnicity of individuals who were proceeded against and sentenced from April 2016 to February 2023. The analysis, a first of its kind, explores how individuals move through the criminal justice system and compares the journeys of people from different ethnic groups. Key findings include:

• Out of cases completed in court since 2017, White Scottish/White Other British and White minority ethnic people were more likely to be convicted than any other ethnic group.
• For people convicted of any crime or offence since 2017, White Scottish/White Other British individuals were the most likely to receive a prison sentence.
• Of those people sentenced to prison since 2017, individuals from all minority ethnic groups received longer sentences than White Scottish/White Other British individuals on average. Some of this difference is explained by differences in crime type, as more severe crimes tend to receive longer sentences.

The Cross Justice Working Group on Race Data and Evidence will continue to promote best practice and support justice organisations with their data collection and reporting, including workforce data, through mutual support and sharing of good practice. Building on the reports already published around ethnicity and justice, the Working Group will consider evidence gaps and options for further research to better understand experiences of minority ethnic people in the justice system.

The Scottish Government will seek to promote an intersectional approach to justice data and evidence, including through aiming to better understand intersectionality in the justice system by reviewing existing evidence and undertaking an initial scoping study across our datasets to explore the feasibility of undertaking intersectional analysis, to better understand the interaction of race with other protected characteristics such as gender on justice system perceptions, experiences and outcomes.

Mental Health Mental Health and Wellbeing Strategy

The Scottish Government’s Mental Health and Wellbeing Strategy^[68] builds on the implementation of our Mental Health Covid Transition and Recovery Plan^[69]. The Strategy allows us to identify changing Mental Health needs and priorities and to set out a clear vision for future population mental health, wellbeing and care. The Strategy is evidence-based, informed by lived experience and outcomes-focused. The scope of the Strategy is wider than previous work in this space, with an increasing focus on wellbeing and prevention. We have also considered how the Strategy can take account of social factors and inequalities that may impact a person’s mental health and wellbeing. The new Mental Health and Wellbeing Strategy guides the work that the government, and our partners, will do to improve mental health and wellbeing in Scotland. This includes an overall shared vision, a set of outcomes, and a forthcoming Delivery Plan that will lay out our first steps in how we will achieve and measure outcomes to improve mental health and wellbeing.

We undertook broad engagement with stakeholders to help us shape the Strategy, this included working closely with our Equality and Human Rights Forum. The Strategy sets out a priority to tackle mental health inequalities, recognising that we must take an intersectional approach so we can most effectively tackle structural and health inequalities including racialised inequality. It recognises we need support, services, care and treatment that are person-centred, anti-racist, culturally sensitive, age-appropriate, fully inclusive and in a range of formats.

Further engagement work has shaped the accompanying delivery plan which was published in November 2023^[70].

Communities Mental Health and Wellbeing Fund

A total of £15 million has been committed to the Communities Mental Health and Wellbeing Fund for Adults in 2023-2024 and distributed to Third Sector Interfaces, covering all 32 regions of Scotland.

In the previous 2 years approximately 3,200 small, grassroots community projects across Scotland have received support from the Fund to help tackle the impact of social isolation and mental health inequalities made worse by the pandemic and the cost of living crisis, with a focus on vulnerable groups including minority ethnic groups.

The third year of the Fund was opened for applications on 29^th September 2023 and is available to grassroots, community led projects which address prevention and early intervention, suicide prevention and social isolation. The National Fund Guidance^[71] has been updated, utilising lessons learned from the first two years of operation.

An independent evaluation^[72] of Year 1 of the Fund and the Monitoring and Reporting Summary^[73] for Year 2 of the Communities Mental Health and Wellbeing Fund were both published on 19 July 2023.

Mental Health Unscheduled Care

Mental Health Assessment Services for unscheduled mental health presentations were established across health boards during the pandemic to fast-track patients to the appropriate support. NHS24's Mental Health Hub is still providing 24/7 mental health support to anyone experiencing distress or seeking mental health and wellbeing advice or support. Mental Health Clinicians continue to be available 24/7 in each Health Board for anyone requiring urgent specialist mental health assessment, and they are accessible by GPs and frontline services such as Police Scotland, SAS and NHS24.

We continue to work with partners across NHS Scotland, Police Scotland and Third Sector on improving the mental health unscheduled care pathway and associated services, including addressing national and local challenges and identifying opportunities. We have received input from the Diverse Experience Advisory Panel on ensuring that the mental health pathway and its associated services are accessible to Scotland's different population groups.

The Scottish Government is working, in conjunction with Public Health Scotland, to improve national data on the MHUC pathways and to address local data gaps. We are also developing national messaging to highlight the improvements to the mental health unscheduled care pathway and ensure that people are able to access the right care in the right place, first time.

Mental Health Resourcing

Mental Health Workforce and the Mental Health and Wellbeing Workforce Action Plan

Scotland’s mental health workforce has expanded significantly, with NHS mental health expenditure increasing from £651 million in 2006/07 to £1.3 billion in 2021/22 – a rise of 99%. Further, ongoing, action is being taken to grow the mental health workforce:

• We have increased the postgraduate student intake for Psychology Master’s and Doctorate programmes by a total of 60 trainees between 2021 and 2023.
• In 2022/23 we increased the number of Core Psychiatry training places by a further ten.
• In 2023 we are funding another 15 Core Psychiatry training places (with five starting in February and the other 10 in August).
• We have increased nursing student numbers every year in the last decade and are working with partners to widen access to nursing programmes.
• We are continuing to create and develop new roles, such as Psychology Wellbeing Practitioners within NHS24 and Enhanced Psychology Practitioners working in Primary Care, community, early years, and school settings.

The Mental Health and Wellbeing Strategy, published in June^[74], set out our strategic vision for workforce planning and is supported by the Mental Health and Wellbeing Workforce Action Plan^[75] alongside the Strategy’s Delivery Plan^[76]. This ensures that the commitments in the Mental Health And Wellbeing Strategy are underpinned by a resilient and sustainable workforce who feel valued and supported to promote better mental health and wellbeing outcomes.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• We are well educated, skilled and able to contribute to society.
• We value, enjoy, protect and enhance our environment.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.
• We tackle poverty by sharing opportunities, wealth and power more equally.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 5 - Achieve gender equality and empower all women and girls.
• 8 - Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• 10 - Reduce inequality within and among countries.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

D) Disability Equality

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
151	Australia	Continue efforts to identify and eliminate barriers to access to health and services for persons with disabilities	Support	Support
251	Tanzania	Provide support accessible to people with disabilities at the rural level	Support	Support
253	Bulgaria	Incorporate the human rights model of disability into all laws and regulations regarding children and young people with disabilities	Note	Support
256	Gabon	Continue and strengthen its awareness raising campaigns aimed at eliminating prejudice and negative stereotypes regarding people with disabilities	Support	Support
257	Israel	Strengthen awareness-raising campaigns aimed at eliminating negative stereotypes and prejudice towards persons with disabilities	Support	Support
258	Azerbaijan	Implement measures to address the situation of persons with disabilities, in particular, their right to an adequate standard of living and access to health services, as well as their employment	Support	Support

Relevant section(s) of the October 2022 UPR Position Statement

• 2(C) – Disability and BSL
• 5(I) – Additional Support For Learning
• 6(O) – Independent Living and Self-Directed Support
• 6(P) – Out-of-Area Placements
• 7(B) – Social Security
• 8(F)(iii) – Disability Equality and BSL in the Workplace

Recent Progress and Next Steps

As outlined in section 2, the Scottish Government has developed a BSL National Plan so demonstrating our commitment to deaf, deafblind and BSL Communities.

Through the Scottish Human Rights Bill, the Scottish Government will incorporate the CRPD, within the limits of devolved competence, into domestic law.

The Scottish Government has committed to publishing an Immediate Priorities Plan to combat the effects the cost of living crisis continues to have on disabled people.

The Scottish Government is committed to co-designing this plan with disabled people and the plan is guided by the principles of the UNCRPD. In recognition that we should listen to the lived experience of disability we primarily engage with Disabled Peoples Organisations (DPOs) which are organisations where at least 50% of board members (and in most cases staff) have lived experience of disability.

A Short Life Working Group has been established to develop the plan and is made up of three key DPOs: Glasgow Disability Alliance, Inclusion Scotland and Disability Equality Scotland. Since March 2023 the group has met five times to ascertain and agree the contents of the Immediate Priorities Plan. We are now in the final stages of refining the actions that will feature within the plan.

In addition, the Scottish Government’s Equality and Human Rights Fund currently provides support for a range of work focused on tackling inequality and discrimination, furthering equality, and advancing the realisation of human rights in Scotland^[77].

Disability Employment

The Scottish Government is committed to tackling the longstanding issue of the Disability Employment Gap – the difference between the employment rates of disabled people vs non-disabled people. Our ambition is to at least half the gap from its 2016 baseline of 37.4% by 2038.

Organisations have a legal duty under the Equality Act 2010 not to discriminate based on disability and to make reasonable adjustments in respect of disabled job applicants and employees.

On 9 December 2022 the Scottish Government published the Fair Work Action Plan^[78], incorporating the views from our public consultation on action required to achieve our Fair Work Nation ambition, and focusing on disabled people’s employment, the gender pay gap and how we will take an anti-racist and intersectional approach to addressing structural inequalities in the labour market. This consultation included Disabled Peoples Organisations.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• We are well educated, skilled and able to contribute to society.
• We value, enjoy, protect and enhance our environment.
• We have thriving and innovative businesses, with quality jobs and fair work for everyone.
• We are healthy and active.
• We respect, protect and fulfil human rights and live free from discrimination.
• We tackle poverty by sharing opportunities, wealth and power more equally.

Relevant Sustainable Development Goals

• 1 - End poverty in all its forms everywhere.
• 2 - End hunger, achieve food security and improved nutrition and promote sustainable agriculture.
• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 8 - Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.
• 10 - Reduce inequality within and among countries.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

E) Faith and Belief

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
82	China	Eliminate Islamophobia and combat religious discrimination and intolerance	Support	Support

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 2(F) – Faith and Belief

Recent Progress and Next Steps

On 22 March 2023 Scottish Government published a Faith and Belief Engagement Strategy^[79], making clear our commitment to strengthen communication and collaboration with Scotland’s diverse faith and belief communities.

The strategy sets out a vision for improved engagement and the principles underpinning good engagement. It was developed in close collaboration with a wide range of our faith and belief communities in Scotland. The strategy recognises that government policy will be improved by reflecting a better knowledge and understanding around faith and belief. We have broadened the range of communities government engages with, enabling fairer representation for minority groups and intersectional voices. The strategy focuses on interfaith dialogue and collaboration which will further support community cohesion across Scotland.

The Scottish Government Faith and Belief Representatives group meets on a bi-monthly basis to discuss policy issues relevant to faith and belief communities. Policy Engagement in the past year has included input on: Ending Conversion Practices; Safe Access Zones (Abortion); Healthcare Improvement; the new Hate Crime Strategy; Improving Equalities Evidence; Protecting Vulnerable Groups (PVG) Scheme; Net Zero.

The Scottish Government continues to support interfaith engagement work, as well as supporting faith and belief partners to help build inclusive, resilient and cohesive communities across Scotland. We provide funding to promote interfaith dialogue and support faith and belief communities across the country. We do not fund faith based organisations to be or build faith communities, but only to fund discrete projects to meet a particular need or overcome a barrier to equality of outcome or opportunity for a particular faith group.

Work is ongoing to review funding to faith and belief organisations to identify overlap, gaps and potential for new funding. Planning is underway for an annual Ministerial roundtable with faith and belief representatives, to allow faith and belief communities to discuss concerns, issues and progress on shared priorities at Ministerial level.

Ministerial participation has continued at national events, along with local visits to places of worship. This builds on existing relationships and develops understanding of faith and belief communities. Bilateral meetings between officials and faith and belief organisations have provided the opportunity to discuss in depth issues specific to their communities and to develop a more nuanced Scottish Government understanding of different faiths, denominations and beliefs.

Relevant National Outcomes

• We live in communities that are inclusive, empowered, resilient and safe.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

F) LGBTI Equality, Conversion Practices, and Gender Recognition Reform

Recommendation(s) and Responses

Ref	Country	Recommendation	UK Response	SG Position
263	Canada	Continue to fight against the discrimination faced by transgender people, by expanding the planned ban on conversion therapy to include transgender people	Note	Support
264	Israel	Adopt legislation to ban all conversion therapy practices in all forms and settings	Partially Support	Support
266	Malta	Adopt legislation to ban all conversion therapy practices for all LGBTIQ+ persons of all ages	Note	Support
268	Iceland	Ban conversion therapy practices for all LGBTQI+ persons	Note	Support
269	Chile	Consider moving towards the promulgation of the action plan for LGBTI persons, as well as adopt measures to codifying the prohibition of conversion therapies	Note	Support
271	New Zealand	Uphold and strengthen legal protections for LGBTQI+ persons, in particular transgender persons	Support	Support
72	Argentina	Adopt urgent measures to prevent violence, discrimination and hate speech that violate the rights and dignified treatment of trans people, and amend any regulatory framework that pathologizes and/or stigmatizes them; and in the same vein, prohibit conversion therapies	Note	Support
265	Uruguay	Develop and implement public awareness campaigns on the human rights of trans persons, including to combat misinformation and stigma	Note	Support
267	Iceland	Combat media disinformation directed against the LGBTQI+ community	Note	Support
26	Netherlands	Reform the Gender Recognition Act in all parts of the UK, bringing it in line with the international human rights standards including with regard to legal self-determination of one’s gender without the imposition of medical requirements	Note	Support
35	Iceland	Introduce legislation to reform the Gender Recognition Act, remove requirements of diagnoses and introduce a process of self-determination	Note	Support
36	Malta	Consider introducing legislation to reform the Gender Recognition Act of 2004 to remove requirements of diagnosis, “living in role” for 2 years, spousal veto and to introduce a process of self-determination	Note	Support
205	Australia	Continue work to reform the Gender Recognition Act based on international human rights standards, including recognition of trans and non-binary individuals	Note	Support

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 2(G) – LGBTI Equality
• 2(H) – Gender Recognition Reform (Scotland) Bill

Recent Progress and Next Steps

Over £3 million is being provided through the Equality and Human Rights Fund to organisations working to promote LGBTQI+ equality in Scotland between 2021-2024 across five organisations. This funding provides support for a range of initiatives, including work supporting ending conversion practices through legislative and non-legislative measures, advancing non-binary equality, supporting policy development for LGBTQI+ people, research into the lives of the LGBTQI+ community and an LGBT helpline.

The Scottish Government is developing a Non-Binary Equality Action Plan based on the recommendations from the Working Group on Non Binary Equality, as set out in the Programme for Government 2021-2022^[80] and the Bute House Agreement^[81]. This plan is due to be published shortly in line with the Programme for Government 2023-2024^[82]. The plan aims to improve equality and bring about real, positive and lasting change to the lives of non-binary people.

The Scottish Government’s proposals draw on the reports and recommendations of the Equality, Human Rights and Civil Justice Committee and the Expert Advisory Group on Ending Conversion Practices (“EAG”) established by the Scottish Government, as well as legislation passed or underway in other countries, research, stakeholder engagement and evidence from those with personal experience of conversion practices. It will publish a public consultation on proposals for legislation.

We are developing a package of non-legislative, supportive measures to end conversion practices and support survivors, to sit alongside any future legislation. So far we have provided funding to LGBT Health and Wellbeing to provide a helpline to support victims and survivors of conversion practices, which is now in operation. Ensuring the helpline service was established prior to the Scottish Government’s consultation on legislative proposals was considered essential as the process can be traumatising for victims and survivors.

The Gender Recognition Reform (Scotland) Bill^[83] was passed by the Scottish Parliament on 22 December 2022. On 17 January 2023 the Secretary of State for Scotland made an Order under section 35^[84] of the Scotland Act 1998 prohibiting the Presiding Officer of the Scottish Parliament from submitting the Bill for Royal Assent. The effect is to prevent the Bill from becoming law. The Scottish Government subsequently challenged the Secretary of State’s decision in the Court of Session^[85].

A substantive hearing on this petition took place on 19-20 September 2023, and on 8 December 2023 the Court issued its judgement ruling against the Scottish Ministers, and finding that the section 35 Order was validly made. [Scottish Ministers noted that decision, and are considering its terms.]

The Scottish Government’s Non-Binary Equality Action Plan^[86] aims to improve the lives of non-binary people in Scotland by taking steps to address inequalities and barriers faced by non-binary people. This Action Plan was published on 16 November 2023.

See further background information in the:

National LGBT Survey: Research report - GOV.UK (www.gov.uk)

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.
• We live in communities that are inclusive, empowered, resilient and safe.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 4 - Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
• 10 - Reduce inequality within and among countries.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.