Legislation

 

Equality Act 2010

The Equality Act brings together various areas of equality legislation, and promotes a fair and more equal society.  Further information available from the UK Equalities Office.

Equality and Human Rights Commission guidance explains what public authorities in England and non-devolved bodies in Scotland and Wales have to do to comply with the public sector equality duty. From 6 April 2011, when this part of the Equality Act 2010 comes into force, public authorities will need to consider what they are doing to tackle discrimination, harassment or victimisation.

The Commission’s guidance on the public sector equality duty is the latest in its series of publications that explain the Equality Act 2010.

Gender equality duty

There is a legal requirement on all public authorities to have due regard to the need to eliminate unlawful discrimination and harassment on the grounds of sex, and to promote equality of opportunity between women and men. The duty also covers private and voluntary organisations carrying out public functions.  This means service providers and public sector employers should design employment and services with the different needs of women and men in mind. 

There is a Scottish Code of Practice (pdf 356KB) to help public authorities understand the requirements of the Gender Equality Duty, and guidance which relates the duty to specific sectors.

The Scottish Government website spells out the specific duties for public authorities. The Government’s Gender Equality Scheme 2008-2011 sets out the steps the Scottish Government will take to progress its gender equality objectives.

In July 2010, Scottish Ministers published reports giving an overview of progress made by listed public bodies in tackling violence against women and in tackling occupational segregation.

Equality and Human Rights Commission research report on `Responding to gender based violence in Scotland.  (pdf 636KB) The scope of the gender equality duty to drive cultural and practical change`.

End Violence Against Women (EVAW) has produced  guidance  (pdf 70KB), a factsheet  (pdf 81KB) and a toolkit entitled tools for change.
EVAW also produced additional  guidance on the Gender Duty`s implications in terms of single sex services and employment.

Occupational segregation

Scottish Ministers have identified occupational segregation as one of two priority areas for the advancement of equality of opportunity between men and women (the other being violence against women).

Legal protection

Helpful websites regarding legislation on violence against women:

Scottish Government information about legislation which protects women and children

Scottish Women`s Aid rights and legal protection for women experiencing domestic abuse

Rape Crisis Glasgow  rape, sexual harassment, and stalking

Please see below for links to main Acts covering violence and abuse

Domestic Abuse (Scotland) Act 201l.  Click here for summary (pdf 88.84KB)

Sexual Offences Scotland Act 2009  - covers sexual violence offences.  Download a guide to the act. (pdf 96KB)

Sexual Offences (Amendment) Act 2000 - deals with issues arising from offences committed against children by people in a position of trust

Matrimonial Homes (Family Protection) (Scotland) Act 1981
Provisions for interdicts and/or exclusion orders for those experiencing domestic abuse

Protection from Abuse (Scotland) Act 2001
Provisions for power of arrest to be attached to an interdict regardless of the relationship between the abused and the abuser

Protection from Harassment Act 1997
Anyone who is being harassed can apply for a non-harassment order

Criminal Justice and Licensing (Scotland) Act 2010
Introduces the offence of `engaging in threatening or abusive behaviour`, also offences relating to extreme pornography, and changes to the criteria for non-harassment orders.

Forced Marriage etc (Protection and Jurisdiction) (Scotland) Bill
Aims to protect people from Forced Marriage.  Currently going through Parliament

Prohibition of Female Genital Mutilation (Scotland) Act 2005
Aims to protect women and girl children from female genital mutilation

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Covers`grooming` a child under the age of 16 for sexual purposes and meeting such a child following prior contact for the purposes of engaging in some form of illegal sexual conduct

Prostitution (Public Places) (Scotland) Act 2007
Covers soliciting and loitering in a public place in order to buy sex

Civic Government (Scotland) Act 1982
Section 46 covers soliciting and importuning by people involved in prostitution. The Act also covers regulation of sex shops

Section 22 of the Criminal Justice (Scotland) Act 2003 provides that the maximum penalty for involvement in trafficking for the purpose of sexual exploitation is 14 years imprisonment on conviction on indictment. Sections 4 and 5 of the Asylum and Immigration (treatment of Claimants) Act 2004 provide for a similar specific offence of involvement in human trafficking for other purposes

The Criminal Justice and Licensing Scotland Bill was introduced to the Scottish Parliament in 2009 and includes further provision for trafficking

Protection of Vulnerable Groups (Scotland) Act 2007
In February 2011, the Scottish Government expects to introduce a new membership scheme to replace and improve upon the current disclosure arrangements for people who work with vulnerable groups.  The Protecting Vulnerable Groups Scheme (PVG Scheme) will:

• help to ensure that those who have regular contact with children and protected adults through paid and unpaid work do not have a known history of harmful behaviour
• be quick and easy to use, reducing the need for PVG Scheme members to complete a detailed application form every time a disclosure check is required
• strike a balance between proportionate protection and robust regulation and make it easier for employers to determine who they should check to protect their client group

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