Scottish government abandons misogyny law amid political challenges

In Scotland, the government has announced its decision to drop plans for a new law aimed at criminalizing misogyny, which was initially proposed following recommendations from an expert group in 2022. This decision comes as a direct response to time constraints imposed by the approaching Holyrood election in 2026. The proposed law sought to define several new offences, such as stirring up hatred against women and establishing misogynistic harassment, which many advocates argued were necessary to enhance protections for women and address long-standing issues related to gender-based violence and discrimination. The Scottish government's plans were met with significant commentary from various stakeholders, including Baroness Helena Kennedy KC, who had previously led the independent expert group recommending the new legislation. Kennedy expressed disappointment over the government's withdrawal, noting that the effort to protect women's rights had been framed as increasingly contentious due to rising 'anti-woke' sentiments. Those advocating for the proposed law viewed it as a critical step towards enhancing safety and equality for women in public spaces, allowing complaints regarding harassment and assault to be taken more seriously. Ministers have indicated that the complexities arising from a recent Supreme Court judgment, which defines a woman in relation to biological sex for equality legislation, played a role in their decision. The government believes that reflecting on these legal definitions necessitates additional time to iron out the intricate legal landscape before introducing legislation. Instead of moving ahead with the proposed bill, they have opted to amend existing hate crime laws to include sex as a protected characteristic, stating that this is the most feasible approach for the time being. Criticism has arisen from opposition parties and advocacy groups who argue that the shelving of both the misogyny bill and a separate bill regarding the ban on conversion therapy signifies a retreat from commitments made to protect vulnerable groups. The Scottish Greens described the decision as a “shameful backward step,” while accusing government leaders of avoiding difficult conversations regarding systemic discrimination and violence. Equality Minister Kaukab Stewart has suggested that if a UK-wide consensus on conversion therapy legislation is not reached, the Scottish government may consider introducing its own law within a year, should it remain in power post-election. Moving forward, the future of proposed legislation aimed at combating misogyny and addressing conversion therapy remains uncertain as Scotland navigates complex political and legal dynamics.