Human Rights Measure

The government carried out Equality Impact Assessments to consider the impact of the urgent measures contained in the Coronavirus (Scotland) Bill (March 2020) and in the Coronavirus (Scotland)(No. 2) Bill (May 2020). The first assessment concluded that “the Bill is likely to have a direct positive impact on all children and young people with protected characteristics” including gender reassignment and sexual orientation. The assessment also found that the “Bill’s provisions do not discriminate on the protected characteristics of,” among others, “sexual orientation or gender reassignment.” The second assessment concluded that there was “insufficient evidence available on gender reassignment” and other characteristics “to assess the payment’s impact on these groups” and also noted the “[l]imited data . . . available on sexual orientation and carers,” citing to research “that LGBT young carers face barriers in having both their LGBT and carer identities recognised by support services.” The assessment concluded as follows: “The Scottish Government has assessed the potential impact of the proposed Bill on equal opportunities and has determined it does not unlawfully directly discriminate with respect to any of the protected characteristics” including, among others, gender reassignment or sexual orientation.