Violence Against Women and Girls - Independent Strategic Review of Funding and Commissioning of Services: report

Chapter 8 - Governance

In this chapter we set out the arrangements for oversight and implementation of our new models of services and funding.

The Istanbul Convention requires that "one or more official bodies responsible for the coordination, implementation, monitoring and evaluation of policies and measures to prevent and combat all forms of violence covered by this Convention" be established and this was also argued for in our Call for Evidence.

Having had the opportunity to consider the role played by the Domestic Abuse Commissioner for England and Wales, we have recommended that a similar role is created for Scotland, extended to cover all aspects of VAWG.

In line with the very welcome current development of the Anti-Racism Observatory for Scotland, we have recommended that an Istanbul Implementation Observatory be established, including the Office of the Commissioner. The Commissioner will also have a role in ensuring that the Scottish Government and Local Authorities set out, and keep to, a timetable for implementing the recommendations in this report.

The German Government has recently established an Istanbul Observatory and this will ensure Scotland is in line with best practice developments at European level.

A key role of the Observatory will be data collection and research on all forms of violence (Article 11 of Istanbul) and addressing data gaps identified by the UN and in this report, in particular disaggregated intersectional data and research with minoritised groups. In addition, UNCRC Gen Comment 13. III. 12 states that the

"impact of measures taken is limited by a lack of knowledge, data and understanding of violence against children and its root causes".

Ultimately, putting VAWG on a statutory footing will include the method for ensuring chains of accountability and details of how continuous improvement will be built in. As with any effective standards regime, sanctions for those who consistently fail to meet them will also be included, and we envisage these being part also of the new commissioning process (see below) as well as of the role of the VAWG Commissioner.

Scottish Government Visible Commitment

Accountability at Scottish Government level will also be key to the successful implementation of the new funding and services models. Recognising that a significant commitment to making the changes we recommend will be required from the Scottish Government, we recommend that oversight and drive for implementation always sits at Cabinet Secretary level and is not delegated to ministers. The eradication of VAWCYP as a transversal policy issue is the responsibility of the full cabinet, and should be driven by a nominated Cabinet

Secretary and visible across all portfolios. This is no reflection on how that responsibility has been undertaken in recent years, but simply provides a visible demonstration of the Scottish Government's understanding of the level of commitment which will be required to carry out these changes.

Part of this visible commitment will be adequately resourcing the work to deliver the recommendations of the Review. A significant increase in staffing will be required to enable this ambitious change programme to be implemented - the recent example of the Warm Welcome for refugees from Ukraine demonstrates this it is possible to achieve this, even in difficult financial circumstances. This increase in staffing will also be required in COSLA and the Improvement Service.

Additionally, the NACWG has recommended clear actions to improve access to justice for women and girls experiencing men's violence by:

• Creating a world-leading process for complainers of sexual violence
• Criminalise serious misogynistic harassment, filling gaps in existing laws
• Create a consistent and inclusive model to ensure that women experiencing domestic abuse have sufficient access to expert legal advice and legal aid

Meeting International Standards

In addition to the clear requirements of the Istanbul Convention, Scotland and its public agencies must look to the achievement of the targets within the National Performance Framework, and to compliance with international standards.

The GREVIO process for oversight on implementation of the Istanbul Convention requires states to provide an account of the financial resources allocated under Article 8 (see Chapter 9 Budgeting for VAWG), and details on the bodies established to oversee the implementation of policies and measures to prevent and combat all forms of violence covered by the Convention.

The next evaluation in the GREVIO review cycle that will require a baseline assessment of the UK government is live, and the thematic review falls due in 2026. We are interested to know whether the Scottish Government will be able to confirm that it has met the institutional and resourcing requirements by that time.

The international human rights treaties include clear obligations in relation to elimination of gender-based violence and the maximisation of resources to secure the realisation of rights. These obligations are further reflected in the framework of the Sustainable Development Goals (SDGs), which include within SDG 5 on gender equality these targets:

Target 5.2

Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.

Indicators 5.2.1

Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age.

5.2.2

Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence.

Target 5.c

Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.

Indicator 5.c.1

Proportion of countries with systems to track and make public allocations for gender equality and women's empowerment.

The achievement of SDG 5 at the national level is integral to the human rights outcomes in Scotland's National Performance Framework.