Gender Based Violence Policy equality impact assessment
Name of new policy
Gender Based Violence Policy
Purpose and aims of this policy
Purpose:
As an employer, the Crown Office & Procurator Fiscal Service (COPFS) has a duty of care towards its employees and does not tolerate Gender-Based Violence (GBV) in any form, nor tolerate a culture that reinforces sexist behaviour or attitudes.
COPFS is committed to providing an inclusive, supportive, and safe environment for everyone who works here. This policy applies to all employees.
The policy seeks to provide a framework for supporting employees who have experienced or are experiencing gender-based violence or abuse.
It is acknowledged that employees may be exposed to and affected by GBV without being abused themselves. For example, they may be affected by GBV perpetrated against someone close to them or may be affected by dealing with a disclosure of GBV. This policy extends to all employees, including managers, in such situations, who may also need support.
It also applies to any employees who may perpetrate gender-based violence and whose behaviour may contravene this policy.
Aims:
COPFS is committed to improving the safety and welfare of all staff affected by GBV. This policy supports COPFS to meet its aims of:
- Raising awareness of GBV as a serious equality, health, and social issue.
- Educating all staff about GBV and their role in developing a culture that is free from harassment.
- Fostering a working environment that supports the dignity and respect of all and is free from any form of discrimination, bullying, harassment, and violence, including GBV.
- Sending a positive message to employees who experience GBV that they will be listened to and supported.
- Creating an environment where employees feel safe to make a disclosure of GBV.
- Providing a framework for managers to offer support and sensitively apply provisions within existing COPFS policies when responding to employees who experience gender-based violence.
- Providing signposting to support for those affected by GBV.
- Confirming that it is unacceptable for employees to perpetrate abuse, within or outside the workplace.
- Providing a basis for managers to address the behaviour of employees, who may be perpetrators of abuse and who may pose a risk to other employees, within existing COPFS Policies (e.g. Disciplinary Policy and COPFS Standards and Conduct).
Additional information
Lead EIA Officer:
HR Diversity, Inclusion and Wellbeing Manager
Team/function:
HR/Business Services
Email address:
Others involved:
- HR Diversity, Inclusion and Wellbeing
- Sheriffdom PF North Strathclyde and former National Procurator Fiscal for Domestic Abuse
- Knowledge Exchange Fellow and Project Lead Equally Safe in Higher Education (ESHE), School of Social Work and Social Policy, University of Strathclyde
- Gender-based Violence lead, NHS Lanarkshire
- Operations Manager, ASSIST, Community Safety Glasgow
- Operations Manager, ASSIST, Community Safety Glasgow
- Manager, Glasgow and Clyde Rape Crisis
- Deputy HR Director
- FDA and Gender Equality Ambassador
- PCS
- HR Pay and Grading Lead
- Lifelong Learning Equality Ambassador
Date assessment completed:
April 2023
Background details about new policy / process
This new policy was fully assessed for any equality impact based on the General Equality Duty of the Equality Act (2010):
Gender-Based Violence (GBV) is an umbrella term that encompasses a spectrum of abuse and harmful acts directed at an individual based on their sex and the gender norms associated with that, or their gender identity. It is rooted in gender inequality, the abuse of power and harmful gender norms and is experienced disproportionately by women and children.
Although primarily experienced by women and perpetrated by men, COPFS recognises that women, men, trans and non-binary people can experience or perpetrate GBV. It can occur within heterosexual or LGBTQ+ relationships but can also occur out with relationships. GBV may occur at home, at work or elsewhere, including online.
Summary of research and consultation carried out:
| Details | Source of Evidence |
|---|---|
| A range of information was examined including the Scottish Government Equality Evidence Finder. | Scottish Government Equality Evidence Finder |
| This Equality and Inclusion Mainstreaming Report provides an update on progress made against our 2017 – 2021 set of Equality Outcomes. It will show how COPFS is working to embed equality, diversity and inclusion throughout our organisation and meet our responsibilities as a public authority. | Equality Mainstreaming Report 2019 to 2021 | COPFS |
|
Equally Safe in Higher Education (ESHE) aims to eradicate gender-based violence in Higher Education. In a 2011 report, the National Union of Students found 1 in 4 female students have reported unwanted sexual behaviour during their studies. The project, funded by the Scottish Government, developed a toolkit using Strathclyde as a pilot site, to challenge gender-based violence across Scotland’s university campuses. |
Equally Safe in Higher Education | University of Strathclyde |
|
COPFS held a GBV workshop with approximately 25 COPFS staff across all grades, including TU representatives, who had volunteered to participate in the development and consideration of the policy. COPFS provided the lead facilitator, and several external expert speakers, were in attendance. Aims and objectives of the workshop:
|
COPFS GBV Workshop notes on 25 June 2019 |
| Consideration of GBV staff policies from other organisations |
NHS Scotland’s Gender-Based Violence Employee PIN Policy (February 2011). NHS Lanarkshire Gender-Based Violence Policy (2015). Strathclyde University GBV Policy (ESHE) |
Consultation with range of relevant stakeholders including:
|
Meetings conducted with stakeholders by COPFS staff |
| This moving book reshapes our understanding of the nature of woman abuse and makes a major contribution to a key issue for feminist campaigning and theory. The past 25 years of research on `battered' women has focused on the psychological, sociological, and political conditions which contribute to violence, and on women's reasons for staying with violent and abusive partners. The author goes beyond the discourse of `victims' and `survivors to offer new insights into the very specific and multifaceted nature of the abuse’s women experience - emotional as well as physical. | Leaving Abusive Partners | SAGE Publications Ltd |
| This book delineates three major and dramatically different forms of domestic violence: intimate terrorism, violent resistance, and situational couple violence, with a goal towards creating a theoretical framework to differentiate the types of partner violence, offering a better understanding of domestic violence among academicians, researchers, policymakers, and service professionals. | Typology of Domestic Violence: Intimate, Terrorism, Violent Resistance, and Situational Couple Violence | Office of Justice Programs (ojp.gov) |
| Respect is a pioneering domestic abuse organisation developing safe, effective work with perpetrators, male victims and young people who use violence. | Respect | Home |
| In 2018 every member of staff working in Scotland’s colleges and universities was given a card to carry which lists the national, specialist support services for gender-based violence and the support services provided by each college and university. | Gender Based Violence Cards > Support for you (endgbv.uk) |
Equality Ambassadors contacted:
- COPFS Gender Equality Network
- All COPFS Equality Ambassadors contacted
- COPFS Corporate Health and Wellbeing Committee
- COPFS Equality Board
Impact
The research and consultation have identified potential impacts on the following groups:
| Protected characteristic |
Yes | No | Please explain impact |
|---|---|---|---|
| Age | X |
Gender-based violence is experienced by people of all ages. This is an opportunity for people of all ages to work towards a common goal and for relationships between age groups to strengthen. |
|
| Disability | X |
The policy is designed to include all people who are/or may be survivors of gender-based violence, including those who suffer from disabilities. Disabled people can often face additional difficulties when faced with gender-based violence and the policy is designed to factor in and recognise these additional vulnerabilities. Disabled people, especially women, are affected by gender-based violence including forced marriage, domestic abuse, sexual assault etc and the policy should help us challenge societal attitudes that allow violence against women to perpetuate and, as a result, should help reduce associated discrimination, harassment, and victimisation. |
|
| Gender reassignment (Where a person is living as the opposite gender to their birth) | X |
Gender-Based Violence (GBV) is generally directed at an individual based on their sex and the gender norms associated with that, but can also be due to their gender identity, so those who have undergone, intend to undergo, or are in the process of undergoing gender re-assignment may experience GBV based on their sex or gender identity. There are no negative impacts related to eliminating unlawful discrimination of transgender people. While the policy recognises that GBV is primarily experienced by women and perpetrated by men, it recognises that women, men, trans and non-binary people can experience or perpetrate GBV. Even if women later identify as transgender men, the policy recognises and considers that men can also experience gender-based violence. |
|
| Marriage and Civil Partnership | X | Many forms of GBV occur commonly within marriage or civil partnerships, or following separation from these relationships, including domestic abuse, rape and sexual assault, stalking, honour-based abuse, and forced marriage. The policy will benefit those within these types of relationships, especially women, who are experiencing GBV, and will also apply to perpetrators within these types of relationships who commit GBV. | |
| Pregnancy and maternity | X | The policy will mostly benefit women and girls as they are most victims of gender-based violence. Work carried out under gender roles and stereotyping may have a positive impact on pregnancy/maternity discrimination. | |
|
Race |
X |
There are positive impacts related to eliminating unlawful discrimination on the grounds of race. Raising awareness of ‘honour-based’ abuse, female genital mutilation (FGM) and forced marriage can help prevent and eradicate these practices and can help raise awareness in the wider community that such practices are not acceptable and will not be tolerated in Scotland. |
|
|
Religion or belief
|
X |
Although they are cultural practices, ‘honour-based’ abuse, FGM and forced marriage are commonly misunderstood as religious practices or requirements. This policy works to dispel this notion and to raise awareness among communities alike about how best to respond to this and protect young girls and women. Although we recognise that under-reporting is a risk factor, this policy has the potential to highlight and challenge the societal attitudes that allows gender-based violence across the board and shift community attitudes, potentially in religious spheres where this type of violence or abuse can be normalised. |
|
| Sex/Gender | X |
The policy will mostly benefit women and girls as they are the predominant victims of gender-based violence, although men who experience GBV will also benefit. However, raising awareness of gender equality, greater knowledge of consent, positive gender role models and healthy relationships, and to support victims and deal with perpetrators, will benefit everyone and should prevent unlawful discrimination of women and children. |
|
| Sexual orientation | X |
Although gender-based violence is predominantly experienced by women and perpetrated by men, people in LGBTQ+ relationships can also be subjected to violence, which may be committed by their partner or another person. The support offered by the policy will be available to all, regardless of their sexual orientation. |
Key issues identified
One challenge was interpreting Equally Safe in Higher Education (ESHE) to be a document of the same intent but for a much smaller and functionally different organisation. In fact, the headings, approaches, and techniques were discernible from ESHE. For example:
- Supporting victims
- Assessing risk
- What to report – what happens next
- Training – who? This will be a significant project which will be undertaken following the launch of the policy.
- Record keeping and reporting on outcomes
- Investigations – including when to switch into criminal investigation (given COPFS role in Scottish society, this is an important and difficult human resource management decision to make for this organisation).
- How to best use existing resources, e.g., Employment Assistance Programme and Vicarious Trauma Support.
Changes made to new policy
- A draft changed to resolve issues relating to unfair treatment including treatment related to protected characteristics. Employees can use the Fair Treatment policy to raise gender-based violence within the workplace.
- The policy was updated to make clearer who this policy applies to.
- The draft added in grouped headings into the policy so easier to read, e.g., sensitivity and listening, risk and safety (think about level of risk and safety discuss with them their level of risk), support, and other practical steps.
- Updated the draft where the manager can go to seek support and placed referral pathways as an alone point of where they can seek support.
- The draft clarified the point of ‘safe to disclose’, relating to employees should not feel pressured into disclosing this information and respecting the fact if they do not want to share.
- Clarified within the draft that disclosures are confidential but if people are told anything which will lead to the serious harm of the victim or others then we will need to report this. Only to report if at immediate danger.
- The draft was updated to mention managers to think about other policies, e.g., leave etc.
- The draft added in links for further internal support available.
- Information added to outline the policy will support employees who have directly experienced or experiencing GBV in addition to employees who will be impacted.
- Clarified that GBV is abusive or harmful acts principally based on sex, and gender norms in society and subsequent expectations or rules although could also be based on gender identity. It was important for the draft to recognise the disproportionate impact on women and children as GBV is often referred to as violence against women and girls. Those who identify differently from their sex may experience GBV or other forms of inequality and discrimination.
- Wording clarified that GBV can happen within heterosexual and LGBTQ+ relationships.
- Clarified the wording that this policy will support employees who are experiencing GBV in and out with work.
- Extra signposting examples added in to aid managers supporting employees.
- Clearer wording around disclosures linking to other related policy.
- Wording added in to ensure confidentiality will be maintained subject to exceptions outlined later in the policy.
- Wording added in to not name the party who has disclosed when seeking advice, unless the person disclosing consents.
- Wording changed to make it clearer about COPFS employees who have alleged to have perpetrated GBV or assisted in GBV or convicted and disciplinary action.
Review process for policy
The policy will be reviewed every five years, or earlier, if necessary, to meet legislative or business requirements.
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