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LGBTI Endorsed by: Equality Manifesto 2021-2026 Scottish Parliament A note on I/VSC equality Foreword Throughout this manifesto, we refer to There has been significant progress on ‘LGBT’ in some contexts, and ‘LGBTI’ in LGBT equality in the first two decades LGBTI others. We refer to ‘LGBTI’ when there is of the Scottish Parliament, from the existing research highlighting inequalities repeal of Section 28 to the introduction and human rights concerns for people of equal marriage. In the five years since with a variation in sex characteristics the 2016 election, positive steps have or who are intersex (I/VSC), or where been taken to build upon this progress, Equality tangible work is underway, or is needed, including world-leading work towards to further I/VSC equality. We recognise LGBT-inclusive education in Scotland’s that not all individuals with I/VSCs would schools, the pardon for historical consider themselves as a part of the ‘homosexual offences’, and equal civil Manifesto LGBTI acronym. partnerships. There has been limited progress so far But the last five years have also been in Scotland in tackling the inequalities challenging for many LGBTI people – in 2021-2026 and barriers that people with I/VSCs Scotland and around the world. Hate experience. It is important that the crimes based on sexual orientation and Scottish Scottish Government and Scottish transgender identity are on the rise, Parliament engage with people with I/ waiting times for gender identity services Parliament VSCs to review the inequalities they have continued to increase alarmingly, experience, identify their needs and LGBT mental health inequalities priorities for national law and policy, and, continue, toxic debates about LGBT Our approach to developing this manifesto in light of this, take action to further I/ identities are ongoing, and many trans This manifesto has been co-developed by national LGBTI organisations Stonewall VSC equality. people still do not have access to Scotland, Equality Network, Scottish Trans Alliance, and LGBT Youth Scotland. It sets full legal recognition of their gender. out our joint priorities for delivering equality for lesbian, gay, bi and trans people, and Scotland is falling down the ILGA Europe people with a variation in sex characteristics or who are intersex (I/VSC) in the 2021- Rainbow Index and must take action 2026 parliamentary term. It is further endorsed by our partners at LGBT Health and to continue to uphold its international Wellbeing, LEAP Sports Scotland, Time for Inclusive Education, and iCON UK. reputation as a leading voice on LGBT equality. Our organisations work to achieve equality for LGBTI people. There are important differences in the experiences, needs and marginalisations of these groups of people. The world has also changed considerably Experiences of discrimination and marginalisation due to sexual orientation, trans status since the last election. The COVID-19 or variations in sex characteristics can vary widely, and thus require different and multi- pandemic and the public health faceted solutions. Some of our calls in this manifesto are specific to particular groups measures taken in response to it have – such as bisexual people, or non-binary people. Some of our calls will be specific to affected everyone, but have exacerbated LGBTI people who are marginalised in multiple ways – such as LGBTI refugees, or older existing inequalities faced by LGBTI people. marginalised communities. These include LGBTI people, particularly LGBTI people We have grouped our calls for commitments from the Scottish Government, MSPs and of colour, disabled people, younger and their parties into the following sections: older people, and those living rurally. • Ensure Gender Identity Services are fit for purpose p4 In this LGBTI equality manifesto, we • Protect and progress LGBTI rights p6 set out the concrete steps that the next Scottish Government and Scottish • Support LGBT mental health p8 Parliament can take, over the next five years, to improve the lives of LGBTI • Ensure fair treatment in Health and Social care for LGBTI people p10 people living in Scotland. This includes • Implement LGBT-inclusive education p12 improving public services, delivering legal equality, tackling discrimination, • Improve community safety and inclusion p14 promoting wellbeing, and building a more • Support LGBTI rights abroad p16 equal Scotland.

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 2 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 3 1. Ensure Gender Identity Services are fit for purpose We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish Ensuring NHS gender identity services are fit for purpose – now, and in the future. Government to: Take action to substantially reduce the waiting times for first appointments as a matter of urgency, by providing centralised crisis funding and piloting new ways of Take action to substantially reduce Revise the NHS Scotland Gender delivering these services to realise their long-term sustainability. the lengthy waiting times for first Reassignment Protocol to reflect appointments at NHS gender identity the need for new models of service The number of people on waiting lists There are systemic issues with NHS services as a matter of urgency. delivery which take a person-centred, multi-disciplinary approach, and for first appointments at a Gender gender identity services in Scotland to allow for greater flexibility in Identity Clinic has continually risen over which urgently need to be redressed Introduce the national waiting treatment pathways. recent years, and demand for services at a national level, through Scottish time standards for accessing first is outstripping the capacity of under- Government intervention. The current appointments at NHS gender identity resourced clinics. Unlike other NHS structure of gender identity services services, and ensure they are adhered Undertake work to ensure services Scotland services, the 18-week Referral does not provide sufficient capacity to. have sufficient funding and staffing to Treatment standard does not apply or efficiency to provide an adequate capacity to meet levels of demand to gender identity care. Currently, many service. Outdated service delivery, going forward. people have been waiting more than which is overly reliant on Consultant Provide centralised crisis intervention two years to be seen for their first Psychiatrists and Psychologists, funding to pilot new models of service appointment. With waiting lists growing contributes to recruitment problems delivery outside of the existing Gender and services unable to meet demand, for unfilled staff posts. Internationally, Identity Clinics, which take a person- people joining the waiting list now can modernised models of gender identity centred, multi-disciplinary approach. expect to wait even longer. It is feared service provision utilise multidisciplinary that the impacts of COVID-19 on the teams primarily staffed by specialist health service will further exacerbate nurse practitioners, sexual health the already grave problem of access doctors, GPs with special interest to gender identity services, with some in gender identity, and counsellors, clinics now forecasting 35-40 month supported by local endocrinology and waits1. mental health services. This recognises that the majority of trans people do not Clinicians recognise that longer waiting have any complex physical or mental times have a detrimental effect on the health problems. physical and mental health of their patients, with many identifying the It is crucial to understand that simply period of waiting for a first appointment increasing funding for existing gender as a time when trans people are identity services, though important, more likely to experience high levels will not be sufficient in and of itself of distress, self-harm, and suicidal to provide long-term solutions to the ideation2. waiting list crisis or the harm it causes. It is vital that new models of service delivery that take a person-centred, 1 All figures from National Gender multi-disciplinary approach are piloted Identity Clinical Network Scotland in Scotland. (NGICNS) Waiting List and Workload Quarterly Reports 2 https://www.scotphn.net/wp- content/uploads/2017/04/2018_05_16- HCNA-of-Gender-Identity-Services-1.pdf

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 4 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 5 2. Protect and progress LGBTI rights We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish Protecting and progressing LGBTI rights, including through enshrining LGBTI human Government to: rights in Scots law; taking measures to end ‘conversion therapy’; improving trans equality, including through reforming the Gender Recognition Act; and taking action Improve laws on gender recognition in Commit to improving non-binary to further I/VSC equality. line with international best practice, to inclusion in public life and access allow trans people to change the sex to public services. Work with the UK on their birth certificate with a simple Government to introduce ‘X’ gender There has been significant progress on Independent Expert4 calling for a global administrative process based on the markers in official documents to LGBT equality in the first two decades of ban, steps must be taken in the 2021-26 principle of statutory declaration, and enable non-binary people to be legally the Scottish Parliament, from the repeal parliamentary term to end this practice without intrusive medical diagnosis recognised. of Section 28 to the introduction of once and for all in Scotland. requirements. This process should equal marriage. But there is more to be be available from the age of 16 (and Work with the UK Government to done, and it is crucial that this progress under 16 for those with parental/carer update reserved surrogacy law to does not stall. In a global environment consent) and include the recognition accurately reflect societal change and where some LGBTI people have seen of non-binary people. meet the needs of surrogates and their rights removed or rolled back, our prospective parents, including LGBT hard-won rights and protections must be people. maintained. End the harmful practice of sexual orientation and gender identity In recent years, Scotland’s trans ‘conversion therapy’, including through Encourage public authorities to communities have experienced their lives introducing a comprehensive legal use 2022 Census data on sexual and rights being debated in the public ban, working with the UK Government orientation and trans status to inform domain without witnessing any material where necessary. their service planning and delivery for improvements in law or policy on trans LGBT people and equality outcomes equality. It is vital that the unfinished under the Public Sector Equality Duty. business of reforming the Gender Introduce an Act of the Scottish Recognition Act is taken forward in the Parliament to incorporate international human rights into Scots law, and next parliament, and other steps are ensure this explicitly includes rights Ensure no retrograde steps are taken taken to improve the lived experience for LGBTI communities. on LGBT equality at Holyrood, by the of trans people, including non-binary Scottish Government, or by Scottish people. public bodies. The practice of ‘conversion therapy’, Engage with people with I/VSCs to review the inequalities they which seven per cent of LGBT people Oppose any attempts to roll back (rising to13 per cent of trans people) in experience, identify their needs and priorities for national law and policy, LGBT rights at Westminster, either the UK have undergone or been offered3, and, in light of this, take action to through changes to the Equality Act, is still legal in Scotland. With the UN further I/VSC equality. or as a result of Brexit.

3 UK Government Equalities Office 4 https://www.ohchr.org/EN/ National LGBT Survey Research Report Issues/SexualOrientationGender/Pages/ (July 2018) ReportOnConversiontherapy.aspx

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 6 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 7 3. Support LGBT Mental Health We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish Tackling LGBT mental health inequalities by taking forward targeted work on Government to: mental health improvement and prevention, and ensuring mental health services are equipped to support LGBT people. Ensure that LGBT people's needs Fund mandatory training for mental are embedded throughout the health professionals, including implementation of the Mental frontline Child and Adolescent Mental There is substantial evidence5 that LGBT The needs of LGBT people, as an at- Health Strategy (2017-2027), the Health Services (CAMHS) staff, on people are an at-risk group for poor risk group for experiencing poor mental development of any revised strategy, supporting LGBT people, and ensure mental health, and that they experience health, must also be incorporated into and the implementation of the Suicide that mental health and suicide depression, anxiety, self-harm, and wider work on improving mental health Prevention Action Plan (2018). prevention training delivered to NHS suicidal ideation at a significantly higher and wellbeing, alongside targeted staff is LGBT inclusive. level than the general population. This is prevention and intervention approaches. commonly recognised as being linked to In line with the actions of the Mental experiences of prejudice and ‘minority Health Transition and Recovery Plan Ensure LGBT and mental health inclusion in national strategies, stress’6. These mental health inequalities (2020), act on and address the causes policies and action plans related are felt more acutely by different parts of LGBT mental health inequalities at a to wider mental health risk factors of the LGBT community: for example, structural and individual level. such as bullying, hate crime, lack of trans people and bi people face employment, equalities, and social particularly high rates of poor mental Include targeted work concerning isolation. health7. LGBT populations within Scottish LGBT people can often be deterred from Government funded mental health accessing services, including mental improvement and suicide prevention Support public bodies and mental health services to routinely monitor health services, if they do not think it programmes. This must adequately the sexual orientation and trans status will be safe to ‘come out’ or that their reflect the differing risks and needs of of service users, in order to identify identity will be respected. It is crucial particular groups, such as bi and trans inequalities in access, experience and that mental health professionals and communities. outcomes. other frontline health and social care staff understand LGBT identities and the associated risk factors for poor mental health so that LGBT people can confidently access the services they need.

5 https://www.lgbthealth.org.uk/ wp-content/uploads/2018/08/LGBTI- Populations-and-Mental-Health- Inequality-May-2018.pdf 6 ‘Minority stress’ recognises that LGBT people’s experiences of stigma, prejudice, and discrimination create a hostile and stressful social environment that causes mental health problems and poor mental health is not an intrinsic part of being LGBT. 7 https://www.stonewallscotland.org. uk/sites/default/files/lgbt_in_scotland_-_ health_report.pdf

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 8 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 9 4. Ensure fair treatment in Health and Social Care for LGBTI people We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish Ensuring that LGBTI people experience fair treatment when accessing all health and Government to: social care services, including equal access to reproductive and fertility services, with staff trained to effectively support LGBTI patients and service users. Ensure that all health and social Undertake a review to ensure that care professionals are able to meet LGBTI people have fair and equal Now more than ever, it is important that people feel safe and comfortable when the needs of their LGBTI service access to NHS reproductive and accessing health and social care services. However, many LGBT people have experiences users by incorporating training fertility services, and that these or expectations of facing discrimination in these settings due to their sexual orientation on LGBTI identities for staff at all services recognise, and address, or trans status. levels and across all services, that the different barriers and health addresses barriers faced due to sexual inequalities faced by lesbian and bi In fact, almost two in five trans people (37 per cent) have avoided healthcare treatment orientation, trans status and having an women, trans people, and gay and bi for fear of discrimination8. Many older LGBT people fear that, if they need to enter a I/VSC. men. residential care setting or receive care in their own homes, carers may not acknowledge and support their LGBT identity. Reproductive and fertility services are another area where LGBT people report poorer experiences, and can encounter inequalities in access Ensure that LGBTI people, including Engage with people with I/VSCs to to funded NHS treatment. older LGBTI people, are able to access identify understand their needs and welcoming and inclusive social care priorities, and, in light of this, take services, by providing targeted training action to further I/VSC equality and for staff working across residential inclusion across health and social and at-home care services. care.

8 https://www.stonewallscotland.org.uk/sites/default/files/lgbt_in_scotland_-_ health_report.pdf

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 10 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 11 5. Implement LGBT-inclusive education We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish The continued implementation of LGBT-inclusive education, ensuring all of the Government to: recommendations from the Report to the Scottish Ministers (2018) are fully realised, and that the progress made so far in the implementation pathway is further built Continue to fully implement and Provide necessary funding for long- upon in the 2021-26 parliamentary term. resource the recommendations of the term commitment, and sustainability LGBT Inclusive Education Working of, LGBT-inclusive education. LGBT young people are now more likely to However, it is important that this crucial Group as a key priority. Opportunities experience inclusive school environments work to implement the recommendations for where further progress could At the next review of the Education and to be taught about LGBT issues – but continues, and is completed, after the be made, beyond the scope of Scotland school evaluation framework, this is not yet a consistent picture across Scottish Parliament election in 2021. the recommendations, should be ‘How Good Is Our School’, incorporate all schools in Scotland, and many LGBT Importantly, all recommendations must be identified where necessary through and include LGBT indicators and young people still face discrimination and fully implemented, with impact robustly robust evaluation. prejudice. Research conducted in the last evaluated. This includes aspects of the themes to ensure that LGBT inclusion five years has shown that nine in ten LGBT implementation pathway due to be is fully embedded into school young people (92 per cent) experience completed after the current parliamentary In line with the recommendations, inspections. homophobic, biphobic or transphobic term, including publishing the new LGBT pursue further measures, including legislative options, if there is bullying in education, including nearly all inclusive Statutory Guidance on the Publish the updated Scottish 9 insufficient progress in local delivery trans young people (96 per cent) , while Conduct of Relationships, Sexual Health Government guidance on ‘Supporting of LGBT-inclusive education. two in five LGBT young people (41 per and Parenthood (RSHP) education; and Trans Young People’ for schools as a cent) are never taught anything about that specific LGBT Experiences and matter of urgency. LGBT issues10. Outcomes are developed at the next Fund and resource LGBT-inclusive review of Curriculum for Excellence. We In 2018, following the campaigning efforts inputs for Initial Teacher Education know that schools are a place where Engage with people with I/VSCs to of Time for Inclusive Education (TIE) and and Career-Long Professional Learning too many trans young people do not feel further consider and identify how to others, the Scottish Government agreed to to ensure that the implementation of safe, secure, or valued for who they are. incorporate issues around variations implement a series of recommendations inclusive education is effective and is We also know that teachers and schools in sex characteristics into work on from the LGBTI Inclusive Education sustained beyond 2021. inclusive education. Working Group11 in full, with Scotland set can feel unsure of how to best provide a to become the first country in the world to welcoming learning environment for their have LGBT inclusive education embedded trans pupils. This is why we welcomed throughout the curriculum. This received the Scottish Government announcement the support of all parties. that it would update existing guidance on supporting trans young people in school. Significant progress has been made on However, its publication has subsequently LGBT inclusion in schools over the 2016- been delayed due to COVID-19. It is 21 parliamentary term, including work on therefore essential that the next Scottish taking forward the recommendations. Government publishes the ‘Supporting Trans Young People’ guidance for schools 9 Lough Dennell, B.L., Anderson, as a matter of urgency. G. and McDonnell, D. (2018) Life in Scotland for LGBT Young People. LGBT Furthermore, it is vital that the widespread Youth Scotland. Available online: www. commitment to LGBTI-inclusive lgbtyouth.org.uk/media/1354/life-in- education does not waver in the 2021- scotland-for-lgbt-young-people.pdf 26 parliamentary term, and that this 10 https://www.stonewallscotland. momentum is harnessed to consider org.uk/system/files/school_report_ where further progress could be made on scotland_2017.pdf LGBTI inclusive education. 11 https://www.gov.scot/publications/ lgbti-inclusive-education-working- group-report/

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 12 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 13 6. Improve Community Safety and Inclusion for LGBTI People We’re calling on MSPs and their parties to We’re calling support and commit to: on the Scottish Improving community safety and inclusion for LGBTI people by funding LGBTI Government to: services and community groups, and ensuring that work on tackling issues such as hate crime, homelessness, and social isolation includes LGBTI-focused measures. Take forward a programme of work to Ensure that LGBTI support services and raise awareness and encourage the community groups across Scotland, For many LGBTI people, concerns Many of these problems are hard for reporting of anti-LGBTI hate crimes, including in rural and island areas, have about discrimination, harassment, and the Scottish Government to address, and to build LGBTI people’s trust and the funding and resources they need safety within their communities are as matters relating to immigration are confidence in Police Scotland and other to effectively support LGBTI people, part of their day-to-day lives. Some reserved to Westminster. This needs criminal justice agencies. and improve inclusion and challenge LGBTI people, particularly younger to change so that LGBTI refugees and prejudice in their local communities. LGBTI people living with unsupportive people in the asylum system are treated family members, or those experiencing with dignity and respect. Ensure frontline police officers and staff receive training on LGBTI issues to Work with Sport Scotland and other domestic abuse, do not feel safe in their enable them to support LGBTI people, governing bodies to end LGBTI own homes. LGBT populations experience relatively high levels of homelessness, domestic and understand and accurately record discrimination in sport, supported by Many LGBTI people have experienced abuse, and social isolation. Research cases of anti-LGBTI hate crime. strategic investment to ensure that hate crime based on their sexual has found that one in three LGBT people LGBTI people can fully participate in orientation, trans status, or variation in (33 per cent) feel isolated where they grassroots and community sport. sex characteristics. Hate crimes against live because they are LGBT, including Ensure that gender-based violence trans people recorded by Police Scotland almost half of those living in rural services are adequately funded so that have doubled since 201512, while in 2019- Scotland14. It is likely this will have they have the resources necessary Ensure there is LGBT inclusion in to support LGBTI survivors, and can national strategies, policies and action 20, charges reported to the Procurator been further compounded by COVID-19. address the differing needs and plans related to tackling homelessness, Fiscal of hate crime on the grounds of LGBTI-specific and inclusive services are experiences of gay and bi men, lesbian recognising LGBT young people in sexual orientation rose by a quarter13. essential to ensuring that LGBTI people and bi women, and trans people. particular as an at-risk group. undergoing hardship are supported. LGBTI refugees and people in the asylum Local LGBTI community infrastructure, system can face extreme difficulties in including support services and social Review the impact of the No Recourse Ensure the needs of LGBTI people, accessing public services due to the No groups, Prides, and inclusive sports Recourse to Public Funds policy. They to Public Funds regime in Scotland, and including LGBTI older people and those clubs, are vital in building strong local campaign for the UK Government to end living in rural communities, are included can also face homophobic, biphobic or communities that celebrate diversity and this policy. Take all steps possible in the in national strategies, policies and action transphobic discrimination on arrival in inclusion and promote positive wellbeing meantime to support LGBTI refugees plans related to tackling social isolation Scotland, in either immigration detention for LGBTI people. settling in Scotland, including helping and digital poverty in light of the or accommodation, including when them to understand their rights and COVID-19 pandemic. they have fled their country of origin protections from discrimination, and to as a result of such persecution and access support and relevant services. discrimination. Show public leadership on equality for LGBTI people, including through effective Seek devolution of the asylum support media campaigns, and researching public 12 A Study into the Characteristics of and accommodation system, in part to attitudes on discrimination to measure Police Recorded Hate Crime in Scotland. ensure that LGBTI refugees and people progress. Justice Analytical Services, Scottish in the asylum system who may have fled Government (February 2021) their country of origin due to homophobic, 13 https://www.copfs.gov.uk/images/ biphobic or transphobic persecution do Documents/Statistics/Hate%20Crime%20 14 https://www.equality-network. in%20Scotland%202019-20/Hate%20 org/wp-content/uploads/2015/07/The- not continue to face such persecution or Crime%20in%20Scotland%202019-20.pdf Scottish-LGBT-Equality-Report.pdf discrimination on arrival in Scotland.

LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 14 LGBTI EQUALITY MANIFESTO // 2021-2026 SCOTTISH PARLIAMENT PAGE 15 7. Support LGBTI Rights Abroad We’re calling on MSPs and their parties to support and commit to: Showing leadership in advancing LGBTI equality and the protection of LGBTI rights abroad, including through delivering LGBTI-inclusive and LGBTI-specific international development work.

The Scottish Government must show leadership in advancing LGBTI equality and the protection of LGBTI rights abroad, including through its work on international development. In many countries across the world, LGBTI people face criminalisation, ostracism, and harassment that can prevent them from accessing vital services, including through international development programmes. Where development programmes are not targeted at redressing these inequalities, LGBTI people can be left behind.

We’re calling on the Scottish Government to:

Work with partner countries to advance Ensure all international development LGBTI equality and protect LGBTI rights and small grants programmes reach abroad. LGBTI people in partner countries, and ensure that LGBTI people are supported as part of wider health, anti-poverty, and Where appropriate, raise concerns about education programmes. Fund LGBTI- LGBTI equality with governments and specific international development international bodies around the world, programmes, where possible. in consultation with LGBTI human rights defenders in those countries.

Published March 2021

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