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

4. Violence Against Women and Girls

A) Tackling Violence Against Women and Girls

Recommendation(s) and Responses

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

• 4(A) - Combating Violence Against Women and Girls

Recent Progress and Next Steps

Prosecutorial decisions are a matter for the Crown Office and Procurator Fiscal Service, and determinations of guilt are a matter for the Courts, both of which are independent from the Scottish Government. Our response to recommendations 198, 204, 207 and 210 is necessarily determined by these crucially important principles.

Our aim is to prevent and eradicate violence against women and girls in Scotland once and for all. No woman or girl in Scotland should be subjected to violence or abuse of any kind and no child or young person should have to experience gender-based violence or have to live with the impact of it. Gender-based violence violates a range of human rights, such as the right to life, the right to non-discrimination, and the right to the highest attainable standard of physical and mental health, as well as the fundamental human dignity of women and girls.

The Scottish Government therefore welcomes the fact that the UK has ratified the Istanbul Convention, but is deeply concerned about the reservation applied by the UK to Article 59, which protects migrant women victims of domestic abuse (see Section 1(C)). The forthcoming Scottish Human Rights Bill will incorporate, within the limits of devolved competence, the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) into domestic law.

We are investing significant levels of funding to support our efforts to combat violence against women and girls. Our Delivering Equally Safe Fund^[100] provides £19 million per annum supporting 121 projects from 112 organisations that focus on early intervention, prevention, and support services. Our Victim Centred Approach Fund (VCAF) will provide £48 million to 23 organisations across Scotland over the period of 2022-2025. The VCAF includes £18.5 million for specialist advocacy support for survivors of gender-based violence^[101].

The Scottish Government aims to ensure that the funding provided works most effectively to improve outcomes for those using services. An Independent Strategic Review of Funding and Commissioning of Violence Against Women and Girls Services, chaired by Lesley Irving, was commissioned by the Scottish Government and reported its recommendations in June 2023^[102]. The Scottish Government is considering the report and its recommendations, along with COSLA, local authority partners and wider stakeholders, to ensure a stable footing for funding in the future is developed.

Domestic Abuse

A Taskforce has been established to lead the development of Scotland’s first national multi-agency Domestic Homicide Review model. Taskforce members include partners from across Justice, Local Government, Health, academia, and victims organisations including Scottish Women’s Aid. The aim of Domestic Homicide Reviews are to work with relevant agencies where a victim and/ or perpetrator have come into contact with services, to learn from the circumstances of domestic abuse related homicides. Domestic Homicide Reviews aim to identify and respond to the risks associated with abuse and homicide, and find areas for improvement to prevent further deaths^[103].

The HMICS Thematic Review of Domestic Abuse^[104] found that much progress has been made over recent years but that significant challenges still exist in preventing domestic abuse and protecting those who are vulnerable from its harmful effects.

The report contained a number of recommendations directed at Police Scotland, who are committed to continuing to improve their response to domestic abuse and deliver a service that meets the needs of victims. A number of the findings, which relate to victim safety, police officers’ awareness of the Domestic Abuse (Scotland) Act^[105] and investigation of cases, are consistent with the findings of research the Scottish Government did with victims, which was published on 10 January 2023^[106].

These reports are clear that more is required to tackle domestic abuse and we are committed to working with Police Scotland, and other justice partners, to consider and respond to the review and recommendations.

In response to recommendations 187 and 208 it is now the case that reporting on the Domestic Abuse (Scotland) Act is a statutory requirement^[107]. An Equally Safe refreshed strategy is due to be published in December 2023. This will include a revised governance structure to support effective delivery.

Misogyny

We have been consulting on draft laws^[108] to implement the recommendations of the Working Group on misogyny and the criminal law chaired by Baroness Kennedy^[109].

Prostitution

The Scottish Government continues to make progress to deliver on the Programme for Government commitment to develop a framework for Scotland which effectively tackles and challenges men’s demand for prostitution, and to support those with experience of it. Principles to underpin the Framework were published in December 2022^[110]. The principles have been adopted across Scottish Government and we will look to have them incorporated within the planned refresh of Equally Safe, Scotland’s strategy to take action on all forms of violence against women and girls.

The principles will also inform relevant policy and practice across the wider public and third sector, in turn supporting Scotland’s collective approach to tackling Commercial Sexual Exploitation. The key focus throughout 2023 will be to use the principles to define the component parts of a Framework that will improve access to support for any adult with experience of prostitution, and at the same time challenge men’s demand. We anticipate being able to outline the component parts of the Framework before the end of the year.

As with the development of the principles, we continue to work with stakeholders as this work progresses and keep them advised of progress.

Women in Justice

A Women’s Leadership Panel^[111] was established in January 2022 to address gender inequality and improve women’s experiences within the justice system.

This Panel has brought together expert women from all aspects of the Justice System to discuss the experience and unique needs of women, and what this means for criminal justice processes, including the interaction with trauma.

This work will promote the development of strategic outcomes which can guide and enhance the scope and uptake for gender competent policy making and the design of justice policies which can go further for women and help achieve our Vision for Justice in Scotland.

The Panel has examined the experiences of women as both victims and offenders in a range of settings including policing, community justice, criminal and civil courts, tribunals and prisons. The Panel are expected to report by summer.

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

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 5 - Achieve gender equality and empower all women and girls.
• 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.

B) Forced Marriage and Female Genital Mutilation

Recommendation(s) and Responses

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

• 4(C) – Forced Marriage and Female Genital Mutilation

Recent Progress and Next Steps

The Scottish Government is committed to tackling so-called ‘honour-based’ violence and the specific concerns of minority ethnic women in relation to VAWG. To support this work we have established a network comprising of key minority ethnic women stakeholders to help shape our approach. We have engaged with this group as part of our refresh of Equally Safe and are seeking to ensure that it, and the accompanying Delivery Plan recognise and seek to address the specific challenges faced by minority ethnic women.

The Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020^[112] seeks to strengthen the existing legislative framework for the protection of women and girls from FGM. It includes two main policies: FGM protection orders and statutory guidance. We will work and consult with stakeholders on the effective implementation of the Act to ensure their voices are heard throughout the development of the statutory guidance.

In 2017, we published multi-agency guidance setting out how agencies, individually and together, can protect girls and young women from FGM, and how to respond appropriately to survivors. This will be updated, if necessary, to align with implementation of the Act.

We will be publishing refreshed Statutory Guidance on Forced Marriage in 2023. Consultation has taken place with a wide range of stakeholders including third sector specialists working with minority ethnic women and local government leadership groups to ensure its suitability for purpose.

The Forced Marriage refreshed statutory guidance is expected to be published by the end of 2023.

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

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 5 - Achieve gender equality and empower all women and girls.
• 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.

C) Minimum Age of Marriage

Recommendation(s) and Responses

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

N/A

Recent Progress and Next Steps

We have been gathering views and evidence from a range of stakeholders around the minimum age of marriage and considering next steps following the recent concluding observation of the United Nations Committee on the Rights of the Child that we prohibit all marriages of under 18s in Scotland.

Whilst very few 16- and 17-year-olds marry or register a civil partnership in Scotland each year (in 2022 out of over 30,000 marriages, only 18 involved a party or parties under 18), we are cognisant of the concluding observations. We have now decided that the Scottish Government should consult formally in this area in 2024.

Reaching a view on reform of the age of marriage is a potentially cross-cutting area given the other rights that we permit 16- and 17-year-olds to exercise whether with or without additional protections. Consequently, we need to carefully consider the full implications of any change in the minimum age of marriage and civil partnership and whether any change may be needed to the existing criminal law on forced marriage.

Data is published by the National Records of Scotland (NRS) on registered marriages in Scotland on the number of parties who were aged 16 to 19: List of Data Tables | National Records of Scotland (nrscotland.gov.uk)

Relevant National Outcomes

• We grow up loved, safe and respected so that we realise our full potential.
• We are healthy and active.
• 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

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 5 - Achieve gender equality and empower all women and girls.
• 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.