New Discrimination and Human Rights Case service for school pupils in Scotland
The Education Law unit at Govan Law Centre is a national resource. The Education
Law Unit works in partnership with schools, education authorities, parents'
groups and charities to make pupils' rights and parents' rights in education a
reality.
We now have an extension to the service focusing on the rights of pupils who
have been discriminated against, have not had equality of opportunity or have
had their human rights breached in any way, while at school in Scotland.
We can help school pupils or parents of school pupils who have been treated less
fairly than their peers because of their;
Religion and belief- Your religion or belief, or those of somebody else, should not
interfere with your right to be treated fairly at school. In addition you should not
be treated less fairly because you have no religious beliefs.
Disability - If you have a physical or mental impairment, you have specific rights
that protect you against discrimination. Schools and education Authorities are
obliged to make reasonable adjustments for pupil with disabilities and cannot
treat them less favourably than other pupils.
Gender - No school pupil should be treated unfairly because of their gender, or
because of any issue related to their gender, such as becoming pregnant. You
shouldn’t be advised to take certain subjects or not because you are a boy or a girl
and you should not be offered less or different careers advice because of your
sex.
Race - Wherever you were born, wherever your parents came from, whatever the
colour of your skin, you have a right to be treated fairly. Your school should take
steps to protect you from any bullying or harassment no matter what the reason
for it.
Sexual orientation - Whether you are gay, lesbian, bisexual or straight should not
put you at a disadvantage at school, nor should you suffer any bullying or
harassment.
Age- You should not be treated less fairly than others in your class or year group
because you are older or younger than them.
Discrimination is when a person or group of people are treated less favourably
than others in a similar environment based on one of the strands of equality
mentioned above.
Discrimination can be direct, which is when you are treated less fairly simply
because you are different.
Discrimination can also be indirect such as when a school has an admission policy
that applies to everyone who goes there, but certain groups of people would
automatically be excluded from applying.
There are some exceptions to this.
We can also help if a pupil feels their human rights have been breached,
ARTICLE 14 – European Convention on Human Rights.
“The enjoyment of the rights and freedoms set forth in this Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
Articles in this convention that may apply to school pupils are;
The right to education (Protocol 1, article 2); - being told that you can’t attend
school for any reason may be a breach of this right.
The right not to be subject to inhuman and degrading treatment (Article 3); if
someone treats you in a way that makes you feel humiliated at school this right
may have been breached.
Freedom of conscience, thought and religion (Article 9); Perhaps if you are told
you can’t wear a particular item that is an expression of your religion or if your
school cafeteria only serves food that you can’t eat because of your religious
beliefs then this right has been breached.
The right to freedom of expression (Article 10); if you feel you are penalised for
refusing to take part in something because of your beliefs, it is possible that this
right has been breached.
The right not to be discriminated against.
Key Facts
 There were 36,510 pupils who were either based in a special schools or had
Additional Support Needs in primary or secondary schools in Scotland last
year.

Overall, 70 per cent of pupils with additional support needs were boys, the same
proportion as in 2005 and 2006
 There were 10,926 pupils assessed or declared as having a disability.
 There were 138 different languages reported as the main home language.
The most common after English were Punjabi and Urdu, with Polish moving
into third place, followed by Cantonese, Arabic and then French moving
above Gaelic
What can we do?
 Advise you on your rights
 1:1 appointments
 Aim to resolve your case through negotiation with the school or education
authority on your behalf.
 Support you to raise a legal action in court and represent you. (Legal Aid is
often available so that there is no cost to you)
For more information, to make an enquiry or referral please contact:
Angela Ward – Equality and Human Rights Case Worker
Email equality@edlaw.org.uk,
Telephone 0141 445 1955
Discrimination and Human Rights Service.
Education Law Unit
Govan Law Centre
47 Burleigh Street
Glasgow
G51 3LB
www.edlaw.org.uk
www.additionalsupportneeds.org.uk
Govan Law Centre is an independent community controlled organisation which exists to tackle unmet legal needs
within the Greater Govan area and other areas of social disadvantage as determined by the Govan Law Centre
Trust. It is a Scottish charity SC030193. Its legal work is undertaken by the independent legal practice of Dailly &
Co. Solicitors. Its Equality and Human Rights service is funded by the Equality and Human Rights Commission.