The horrific story of Gisele Pelicot dominates discussion of the abuse of women and girls. The comment below may trigger faux rage and deliberate misrepresentation in a few comments. However, to deal with a problem, which Scotland still has ‘in spades’, we have know how we are progressing, if at all.

Helena Ann Kennedy, Baroness Kennedy of The Shaws, is a Scottish barrister, broadcaster, and Labour member of the House of Lords, is no supporter of the SNP in Government, so what she said nearly two years ago is still important.

By stewartb

In the light of the above BBC Newsnight report of failures by two English police forces, to protect women, from ‘Misogyny – A Human Rights Issue’ (8 March 2022), the independent report from the Scottish Government’s Working Group on Misogyny and Criminal Justice led by Dame Helena Kennedy (https://www.gov.scot/publications/misogyny-human-rights-issue/ )

Helena Kennedy writes: “Scotland has proudly led the way in many areas concerning women’s rights and violence against women; the zero tolerance campaign on domestic abuse, for example, was initiated here. Scotland was at the fore and set the gold standard in recognising that coercive, emotional and financial control was a form of domestic abuse. The reforms recommended in this report are also innovative, change-making and radical.”

She adds: “It is admirable and right that Scotland holds the ambition of ridding itself of misogyny altogether. It is an ambition for serious social change. It will be no mean feat but making a strong start by creating new laws, specifically created for women, will be a clear declaration of intent. These recommendations are intended to reach deeper into the foundations of inequality. They are purposely framed to create a profound shake-up. There will undoubtedly be opposition from those who are wedded to the old order. But men and women who want a better society for themselves and for future generations will embrace the spirit if not the letter of this Report. Change has to come and society is ready for it.”

As a postscript Kennedy notes: “I was given free rein to choose my own Independent Working Group ..”

În her introduction to the report, Kennedy remarks in a section entitled ‘Laws Worth Fighting For’:

“The invitation (i.e. from the Scottish Government) to consider misogyny and the law might be considered by many as a hospital pass. Why would anyone step into this hostile territory? I have spent my life arguing for legal reform to create systems where people can be treated without discrimination and with equality and justice. Hatred always stems from seeing certain ‘others’ as ‘lesser’ beings.

“Since the 1970s I have fought for women’s rights but I have also fought against class bias and racism and religious bigotry and homophobia. I have been a strong advocate for justice for trans people, having acted in a number of cases involving the most egregious persecution of those who have changed their gender identity.

“I was leading counsel in the first trans case in an international court – the European Court of Justice; we won my client’s case of sex discrimination when she asserted her right to live as a woman. I have acted for a young trans woman who was raped, then ridiculed by police, and when she withdrew her complaint, knowing she would be humiliated in the witness box, she was prosecuted for perverting the course of justice and wasting police time. Trans people suffer unimaginable abuse and discrimination and that should not be minimised. Trans women face misogyny as well as prejudice about their change of gender.

“Disabled women, young and elderly women, LGBTI+ women and women of colour all face prejudice alongside misogyny. The law should seek to protect as many people as possible. I should also probably add that most of my clients over the years have actually been men and I have sought justice with vigour for them too.”

What role did First Minister Nicola Sturgeon play in this achievement?

Nicola Sturgeon, as First Minister from November 2014 to March 2023, played a leading role in advancing the recognition of coercive, emotional, and financial control as domestic abuse through legislation. https://en.wikipedia.org/wiki/Nicola_Sturgeon

Coercive Control and the Domestic Abuse (Scotland) Act 2018

Sturgeon’s government made a major, widely praised contribution:

• In 2017, her government introduced the Domestic Abuse (Scotland) Bill, creating a specific offence covering not just physical violence but patterns of psychological, emotional, and coercive/controlling behaviour.
• The Act passed with cross-party support and came into force in April 2019. It was described as “world-leading,” “gold standard,” or “groundbreaking” by campaigners, the government, and international observers for explicitly addressing non-physical abuse that was harder to prosecute before. https://www.gov.scot/news/new-powers-to-tackle-domestic-abuse-1/
• Sturgeon publicly championed it, met with survivors, announced related proposals, and highlighted early convictions under the new law (e.g., 13 by late 2019). Her administration positioned it as part of a broader “zero tolerance” approach to domestic abuse. https://www.gov.scot/news/new-powers-to-tackle-domestic-abuse-1/

This aligns directly with the report’s praise for Scotland recognizing “coercive, emotional and financial control” as domestic abuse. The reforms built on earlier work (e.g., by women’s organizations) but represented innovative statutory change under Sturgeon’s leadership.https://sourcenews.scot/worlds-gold-standard-new-domestic-abuse-law-comes-into-force-in-scotland/

Sturgeon’s government drove the legislative innovation on coercive control that the 2022 report highlights as part of Scotland’s progressive record. This was a key achievement of her administration in women’s rights and justice reform.