Education

What does the Human Rights Act mean by education?

Education under the Human Rights Act includes access to educational establishments which covers all schools – pre-school, primary and secondary – as well as tertiary institutions such as universities and polytechnics. Both private and public educational establishments are covered by the Act. It is also unlawful for qualifying bodies and vocational training organisations to discriminate on any of the grounds specified in the Act.

“Educational establishment” means an establishment offering any form of training or instruction and/or an educational establishment under the control of an organisation or association (eg vocational training bodies).

What does the Human Rights Act say about education?

It is unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment:

  • to refuse or fail to admit a person as a pupil or student
  • to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available
  • to deny or restrict access to any benefits or services provided by the establishment
  • to exclude a person as a pupil or a student or subject him or her to any other detriment, by reason of any of the prohibited grounds of discrimination.

Exceptions

There are a number of circumstances where it is not unlawful to discriminate in the area of activity covered by access to educational establishments. These include:

  • Reasonable limitations on right to freedom from discrimination, which can be shown to be justified (in government and public sector activity).
  • Establishments for particular groups (sex, race, age, disability, religious belief; age).
  • Preferential access to facilities for training for people not in full-time employment or for particular ages.
  • Courses and counselling on personal matters.

Further information

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