Footnotes
1. Reid Howie Associates and Equality Plus (2010) Reporting on Progress Towards Equality of Opportunity for Women and Men made by Public Authorities in Scotland: Ministerial Priorities for Gender Equality. Tackling Violence Against Women, Edinburgh: Scottish Government.
2. This will be replaced by a new Single Equality Duty - covering all protected characteristics - to be introduced through the new Equality Act 2010: ( http://www.opsi.gov.uk/acts/acts2010/pdf/ukpga_20100015_en.pdf ) The new Single Equality Duty is expected to come into force around April 2011.
3. Introduced in the Equality Act 2006 which amended the Sex Discrimination Act 1976, for details of the Duty see: http://www.scotland.gov.uk/Topics/People/Equality/18500/20506
4. For this Violence Against Women report.
5. For the violence against women report on the public authority document review and case studies see: Reid Howie Associates and Equality Plus (2010) Reporting on Progress Towards Equality of Opportunity for Women and Men made by Public Authorities in Scotland: Ministerial Priorities for Gender Equality. Tackling Violence Against Women, Edinburgh: Scottish Government.
6. The Scottish Government (2009b) note that, "these statistics do not reveal all the incidence of domestic abuse committed. Not all incidents are reported to the police. A number of reasons have been found for such under-reporting. For example, victims experience fear and shame as common effects of domestic abuse. In addition, under-reporting may also be caused by a perpetrator physically preventing a victim reporting the domestic abuse."
7. The SCJS is based on 16,000 in-home, face-to-face interviews conducted annually with adults (aged 16 and over) living in private households in Scotland. The results are presented in a series of reports, see: http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/crime-and-justice-survey
8. It should be noted that the terms partner abuse and domestic abuse are not always describing the same dynamic - partner abuse includes violence used/perpetrated by both partners either at the same time or interchangeably whereas domestic abuse is understood as gender-based abuse where one partner, predominantly the woman is the victim and the other partner, predominantly the man, is the perpetrator. Both partner and domestic abuse are also found between same-sex partners.
9. Including: forcing/attempting to force someone to have sexual intercourse or forcing/attempting to force someone to take part in other sexual activity when they did not want to.
10. Including: indecent exposure; sexually threatening behaviour; touching sexually when it was not wanted.
11. In considering the relationship of the main accused person to a victim, partner includes: spouse, separated or divorced spouse, co-habitee, lover, boy/girlfriend but not necessarily ex-boyfriend/ girlfriend pre-2000/01, as these may have been recorded as simply acquaintances. Partner figures for 2000-01 onwards do include ex-boyfriend/girlfriend.
12. Scottish Women's Aid (email update, 22 June 2010).
13. Shared refuges: a flat or house in which different families share facilities such as kitchens, living rooms and bathrooms. They may also contain additional communal facilities such as children's rooms or an on-site Women's Aid office. Cluster refuges: a number of separate flats grouped together in the same building/complex. The flats maybe shared or used to accommodate only one family. They may also contain additional communal facilities. Dispersed flats: individual flats spread across an area, usually used as single occupancy accommodation (Fitzgerald et al 2003).
14. See Scottish Government (2010b) for more details.
15. "Women with "no recourse to public funds" are women who, because of their insecure immigration status, are not entitled to welfare benefits or temporary or permanent Local Authority housing. Women in this position are in the UK legally on spousal, work, student or other temporary visas - all with the "no recourse to public funds" condition attached to their stay" (Scottish Women's Aid 2008, p. 2).
16. "A married woman can apply to the court for an exclusion order if her husband's behaviour has been, or she fear it will be, injurious to her own or her children's physical or mental health. If it has been granted her husband will be given a few days to move out of the home. The exclusion order lasts until the marriage ends by death or divorce, or until it is recalled by the court. If the woman moves house the exclusion order is no longer valid. A co-habiting woman who is sole owner or tenant does not need to apply for an exclusion order, unless her partner has had occupancy rights granted. A co-habiting woman whose partner is the sole owner must apply to court for occupancy rights at the same time as applying for an exclusion order" (Scottish Government 2010b, p.17).
17. Shakti offers support, advocacy and information to all ethnic minority women, children and young people experiencing/or fleeing domestic abuse from: partners/husbands, ex-partners, or from other family members: http://www.shaktiedinburgh.co.uk/
18. http://www.opsi.gov.uk/acts/acts2003/ukpga_20030031_en_1
19. http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050008_en_1
20. Now part of the Equality and Human Rights Commission: http://www.equalityhumanrights.com/
21. Broken Rainbow is the national helpline for Lesbian, Gay, Bisexual and Transgender people experiencing domestic violence: http://www.broken-rainbow.org.uk/
22. http://www.scottishtrans.org/
23. http://www.equal-works.com/ProjectHome.aspx?ety=cb565a16-5dc9-4170-ba75-9cc6b85433d2
24. See Footnote 8 for definition of partner abuse.
25. http://www.mensadviceline.org.uk/mens_advice.php
26. Reid Howie Associates and Equality Plus (2010) Reporting on Progress Towards Equality of Opportunity for Women and Men made by Public Authorities in Scotland: Ministerial Priorities for Gender Equality. Tackling Violence Against Women, Edinburgh: Scottish Government.
27. www.scotlandperforms.com This website also shows progress made on all fifteen National Outcomes as being measured through national indicators and targets.
28. The Public Services Reform (Scotland) Bill ( www.scotland.gov.uk/Topics/Government/public-bodies/psr/Bill ) is at stage two in the Scottish Parliament. For more detailed information on the Government's public service reform program see: http://www.scotland.gov.uk/Topics/Government/PublicServiceReform
29. www.cosla.gov.uk/attachments/aboutcosla/concordatnov07.pdf
30. See: http://www.scotland.gov.uk/Topics/Government/local-government/SOA for more detail on Single Outcome Agreements and annual reports.
31. See: www.improvementservice.org.uk/single-outcome-agreements to view joint guidance issued in February 2008 by the Scottish Government, CoSLA, the Improvement Service, the Society of Local Authority Chief Executives ( SOLACE) and Audit Scotland.
32. http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030001_en_1
33. Although the power to legislate on equal opportunities is reserved to the United Kingdom Parliament, the Scotland Act (1998) http://www.opsi.gov.uk/acts/acts1998/ukpga_19980046_en_1 gives the Scottish Parliament power to encourage equal opportunities, particularly the observing of the equal opportunities requirements. It also has the power to impose duties on Scottish public authorities and cross-border public bodies operating in Scotland.
34. See: http://www.scottish.parliament.uk/s3/committees/equal/index.htm
35. www.hri.org/docs/ECHR50.html This Convention has been incorporated into domestic law by virtue of both the Scotland Act 1998 and the Human Rights Act 1998: www.opsi.gov.uk/acts/acts1998/ukpga_19980042_en_3#sch1
36. CEDAW was adopted by the United Nations General Assembly in 1979 and is often described as an international bill of rights for women. See: www.un.org/womenwatch/daw/cedaw/ The United Kingdom signed the Convention in 1981 and ratified it in 1986. UK reporting to the Convention is undertaken every four years.
37. Article 19 of the UNCRC places a duty on the State to take all the appropriate legislative, administrative, social and educational measures which are required to protect the child from: "all forms of physical or mental violence, injury or abuse, negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s) legal guardian(s) or any other person who has the care of the child." See: www.unicef.org/crc/
38. www.coe.int/t/dg2/trafficking/campaign/Docs/Convntn/default_en.asp
39. See: http://www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec
40. The Partnership comprised members from CoSLA/Local Authorities, the National Health Service ( NHS), Police, Crown Office, the Judiciary, Scottish Prison Service, Law Society of Scotland, Scottish Women's Aid, Shakti Women's Aid, the Zero Tolerance Charitable Trust, Victim Support Scotland, Rape Crisis Scotland, the then Scottish Executive. Reid Howie Associates provided the Executive with research support see: Reid Howie Associates (2000) The Development of the Scottish Partnership on Domestic Abuse and Recent Work in Scotland, Edinburgh: Scottish Executive:
www.scotland.gov.uk/Publications/2000/08/cfd6e946-d614-461a-90db-2f95eae4955d
41. For the Scottish Partnership on Domestic Abuse's action plan, which was approved in October 1999, see: www.scotland.gov.uk/Publications/2000/08/cfd6e946-d614-461a-90db-2f95eae4955d . The Implementation of the National Strategy to Address Domestic Abuse in Scotland Progress Report (2003) documents progress made until 2003 - the progress documented here has informed this Chapter.
See: www.scotland.gov.uk/Resource/Doc/47034/0025592.pdf
42. Comprises key experts from the areas of Police, Education, Health, Local Government, Racial Equality, the Judiciary and the Voluntary Sector.
43. www.zerotolerance.org.uk/upfiles/StatementofIntentOrgs.doc
44. This includes (but not restricted to) Community Planning Partnerships, ACPOS (Association of Chief Police Officers in Scotland), Violence Against Women Multi-Agency Partnerships and Training Consortia, Health Boards and the Voluntary Sector.
45. See information about the Violence Reduction Unit at: www.scotland.gov.uk/Topics/Justice/public-safety/17141/violence The Unit ran a domestic abuse campaign from October 2009 until March 2010 to improve police response to domestic abuse. The campaign focused on enforcement and building and developing local partnership arrangements in order to provide a more coherent, holistic approach.
46. http://www.scotland.gov.uk/Topics/Health/health/sexualhealth/respect
47. www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec
48. For example: promoting the wellbeing of individual children and young people; keeping them safe; putting the child at the centre and taking a whole child approach to providing services and support to children and young people.
49. For information on TARA see: http://www.scotland.gov.uk/Publications/2009/03/31164935/0
50. http://www.migranthelpline.org.uk/
51. To view the form and guidance notes see: www.scotland.gov.uk/Topics/Justice/crimes/humantraffick/childtrafficking . Section C contains the Matrix of Indicators e.g. claims to have been exploited through sexual exploitation, criminality, labour exploitation, domestic servitude, forced marriage, illegal adoption, drug dealing by another person; physical symptoms of exploitative abuse; underage marriage; entered the country illegally; no passport or other means of identity; false documentation; journey or visa arranged by someone other than themselves or their family.
52. See: www.scotland.gov.uk/Topics/Justice/crimes/humantraffick/childtrafficking
53. To apply within current Scottish legislation, policy and structures, this publication is an adapted version of the guidance published by the United Kingdom Government in 2007.
54. http://www.scottish.parliament.uk/s3/bills/24-CrimJustLc/index.htm
55. http://www.bia.homeoffice.gov.uk/partnersandfamilies/forcedmarriage/forcedmarriageunit/
56. http://www.opsi.gov.uk/acts/acts2007/ukpga_20070020_en_1
57. The Act introduces a number of unique features which currently have no equivalent in Scotland by inserting new sections into the Family Law Act 1996 for example, Forced Marriage Protection Orders which may positively require a person to do something unlike Scottish common law interdicts which can only be used to prohibit specific actions; particularly significant is that the Act enables third parties to make an application for a Forced Marriage Protection Order on behalf of the victim and Orders can be directed at anyone aiding, abetting, encouraging or conspiring with the principal perpetrator. Further a power of arrest can be used against anyone the police reasonably suspect is breaching the terms of the Order.
58. For example: common law interdicts with a power of arrest under the Protection from Abuse (Scotland) Act 2001; an interdict or non-harassment order under the Protection from Harassment Act 1997; a matrimonial interdict and exclusion order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 - see Appendix One for more details on Legislation.
59. www.equalityhumanrights.com
60. The ten domains are: life; health; physical security; legal security; education and learning; standard of living; productive and valued activities; individual, family and social life; identity, expression and self-respect; participation, influence and voice.
The EMF will form the basis of a triennial report by the EHRC to UK and Scottish Ministers indicating the progress the Scottish (and UK) Government has made towards the elimination of discrimination and the promotion of equality of opportunity across all its policy areas. The triennial report is due to be published in 2010.
61. See http://www.scotland.gov.uk/Topics/Statistics/About/SurvStrat for more details.
62. Scottish Household Survey: www.scotland.gov.uk/Topics/Statistics/16002
Scottish House Condition Survey: www.scotland.gov.uk/Topics/Statistics/SHCS
Scottish Health Survey: www.scotland.gov.uk/Topics/Statistics/Browse/Health/scottish-health-survey
Scottish Crime and Justice Survey: www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice
63. The Scottish Crime and Justice Survey ( SCJS) is a social survey which asks people about their experiences and perceptions of crime in Scotland. The survey involves interviewing a randomly selected adult in 13,000 households across Scotland per year. Respondents are selected at random from the Postal Address File.
64. www.growingupinscotland.org.uk
65. A tool that can be useful in the development of monitoring and evaluation plans as they help to identify short, medium and long-term outcomes that are linked to the key activities of a policy/programme/strategy.
66. www.scotland.gov.uk
67. See: www.scotland.gov.uk/Topics/People/Equality/18500/20506
68. All Scottish Government consultation papers and related publications ( e.g. analysis of response reports) can be accessed at: www.scotland.gov.uk/consultations .
69. These Standards were launched in 2005 and have been widely adopted in Community Planning Partnerships and in other areas of Government since their endorsement by: CoSLA, Scottish Council for Voluntary Organisations, Association of Chief Police Officers, Scottish Health Council and the Poverty Alliance. These were developed with the involvement of over 500 people from communities and agencies throughout Scotland. The Ten Standards are: Involvement; Support; Planning; Methods; Working Together; Sharing Information; Working with Others; Improvement; Feedback; and, Monitoring and Evaluation.
70. The others being: gender stereotyping in education; occupational segregation; equal pay; childcare; and women's participation in decision-making.
71. http://www.scotland.gov.uk/Publications/2009/09/28154835/0
72. Currently the consultation responses are being analysed. The final report is due to be published late Summer 2010.
73. http://www.equalities.gov.uk/equality_bill.aspx
74. http://www.soca.gov.uk/about-soca/about-the-ukhtc
75. Scottish Women's Aid: www.scottishwomensaid.org.uk
Rape Crisis Scotland: www.rapecrisisscotland.org.uk
76. www.rapecrisisscotland.org.uk/campaigning.htm
77. In secondary schools and youth groups topics covered included, for example: "the meaning of respect" and "showing respect"; power and misuse of power looking at examples relevant to young people such as bullying, physical violence and racial and sexual harassment; an "It's Not Fair" session where the group was split arbitrarily and given materials of different quality to produce a poster; an information session about abuse and violence within relationships; a Quiz session where young people were encouraged to explore their own attitudes to violence and abuse. The primary school programme covered similar issue appropriate to that age group.
78. This approach requires universal services and agencies to: be proactive about identifying risks associated with domestic abuse; work together; provide support for children that meets their needs in a holistic way, and respect their right, where appropriate to confidentiality and to participate in decision-making processes that affect them; integrate support for children with support for their mothers and to put in place interventions for perpetrators, which hold them accountable for the abuse and place expectations on them to address their abusive behaviour.
79. The yearly campaign involves a combination of television advertisement, radio campaigning, online adds and editorial platforms ( e.g. The Big Issue, Daily Record, outdoor posters). Television adverts have included for example, Behind Closed Doors launched in 2000, Doll's House in 2002, Teddy in 2007-08 and "I soar" in 2008-09. Radio was used for the first time in 2005 with the post-campaign evaluation suggesting that radio was a good medium for campaigning with a higher return on investment, thus it has been utilised since.
80. All the Post Campaign Evaluation Reports can be found at: www.scotland.gov.uk/Publications
81. The full name of the System is: The Caledonian System: an integrated approach to address men's domestic abuse and improve the lives of women, children and men. The Scottish Accreditation Panel for Offender Programmes accredited the Caledonian System in February 2009.
82. An organisation established to challenge and change men who are violent to women.
83. Hearing only domestic abuse cases, perpetrated by men or women against men or women. The court covered all stages of the criminal court process, with its own programme, including first appearance custody cases, intermediate diets and trials, as well as reviews and deferred sentences.
84. The Group reported that a strong case can be made for continuing and expanding the initiative of the domestic abuse pilot and that a focused investment is justified by the particular needs and opportunities which arise in domestic abuse cases. They also recommended that a separate bespoke agency based on the ASSIST model should continue to be used, and that work is continued to ensure effective and transparent protocols with relevant partners.
85. The model is an important interagency initiative which is based on evidence of what works for children and young people experiencing domestic abuse, in summary: they are at the centre of the programme; the programme works in an "empowering" way to support women, children and young people; it works to enhance the resilience and emotional intelligence of children and young people; it supports mothers to support their children; and, emphasises that supporting children and young people with experience of domestic abuse is a shared responsibility amongst children's service providers.
86. See CEDAR Forth Valley at www.cedarfv.org.uk/cedar as an example of a Group Programme.
87. This strategy includes information on: content of training; agreed standards and good practice for training; capacity building; and provides information on action plan development and examples of training materials.
88. The strategy notes that each sector - e.g. police, social work, health, education, housing, voluntary - will have both similar and different training needs.
89. Working consistently with Safer Lives with a focus on sustainability and mainstreaming the main elements of this approach are: taking incremental steps to develop and implement partnership working, participation, sharing resources and ensuring joint responsibility and accountability.
90. See: www.gbv.scot.nhs.uk
91. The definition of "children in need" contained in the Children Scotland (Act) 1995 was expanded in the Audit and Review of Child Protection (2002) to include children and young people experiencing domestic abuse.
92. Step 1, clarify your aims, objectives and outcomes; Step 2, set up systems to monitor your outputs; Step 3, set up systems to measure your outcomes; Step 4, review and analyse your outputs and outcomes and Step 5, report on what you have achieved and your objectives for improvement.
93. For example observation checklists on: offering opinions, making decisions and choices; and healthy relationships. Active tools such as: relationship flashcard tool; understanding healthy relationships; healthy relationships wall: knowledge of how to build healthier relationships; feeling faces tools: identifying what you are feeling and why you are feeling that way by showing pictures of people's faces with different feelings ( e.g. happy, sad, shy, scared) expressed.
94. www.lts.org.uk/curriculumforexcellence.index.asp
95. For previous related guidance in relation to Schools see, for example: Scottish Executive (2003d) and Scottish Executive (2007b).
96. The full legislation documents for all the legislation mentioned in this Appendix can be found at: www.opsi.gov.uk