Policy and Legal Context
Scotland has a comprehensive legal framework for equality and human rights that provides the foundation for mainstreaming activities.
The following is general information about the legal framework. For all legal interpretation and compliance advice, consult your legal advisers.
Scotland’s Equality and Human Rights Framework
Equality framework
Equality Act 2010: The Equality Act provides the main legal framework for protecting rights and advancing equality. It covers nine protected characteristics. These are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Equality Act 2010 contains the:
Public Sector Equality Duty (PSED) at section 149 of the Equality Act.
The three aims of the PSED are to make sure that public authorities have due regard to the need to:
- put an end to unlawful behaviour that is banned by the Equality Act 2010, including discrimination, harassment and victimisation
- advance equal opportunities between people who have a protected characteristic and those who do not
- foster good relations between people who have a protected characteristic and those who do not
The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012: These regulations are intended to support Scottish public authorities in better performing their public sector equality duty, through enhanced data collection and evaluation, and greater transparency and accountability.
Regulation 12: Regulation 12 of the Scottish Specific Duties places a duty on Scottish Ministers to publish proposals for activity to enable listed authorities to better perform the PSED in Scotland. They must do so at intervals of not more than four years.
The latest proposals were published on 8 December 2025. Scottish Ministers must also publish a report on the progress made in relation to the activity. They must do so at intervals of no more than four years. The next progress report is due in December 2027.
Human rights framework
Human Rights Act 1998: Incorporates European Convention on Human Rights (ECHR) into UK law, making it unlawful for public authorities to act incompatibly with Convention rights.
Scotland Act 1998: Places duties on Scottish Ministers and Parliament to respect ECHR rights and ensures devolved powers are exercised compatibly with human rights.
UNCRC (Incorporation) (Scotland) Act 2024: Incorporates the UN Convention on the Rights of the Child into Scots law. Public authorities must not act incompatibly with the requirements set out in the schedule to the Act, and Scottish Ministers must take steps to promote and protect children’s rights.
National performance framework
Scotland’s National Performance Framework (NPF) includes outcomes and indicators that aim to support equality and human rights directly, including the outcome “We respect, protect and fulfil human rights and live free from discrimination.”
It provides a strategic framework for measuring progress across government and guiding policy development. Following the latest statutory review of the National Outcomes, the Scottish Government has committed to a period of reform of the NPF to support the development and implementation of a more strategic and impactful framework.
During this reform, public bodies must still have regard to National Outcomes, as set out in the Community Empowerment (Scotland) Act 2015. This toolkit will be updated following the reform of the NPF.
Mainstreaming strategy
The Equality and Human Rights Mainstreaming Strategy provides strategic direction and a clear framework for advancing equality and human rights across the public sector.
Its action plan sets out 61 actions Scottish Government is taking across government and will be updated annually.
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If you need help or support you can email us at ehrmainstreamingtoolkit@gov.scot