Guide to Safe Protesting

Monday 17-06-2024 - 11:39

Everyone has the right to protest. Students throughout history have protested at their universities, to mobilise to make change on a range of issues.

Your right to freedom of expression, including political expression is protected under Article 10 of the European Convention on Human Rights. You can read more on your right to protest in university here (Know Your Rights).  If you are out protesting, we encourage you to read our top tips below to make sure you are safe.

Practical Protest Tips

Wear non-distinctive, comfortable clothing and shoes. Wear something waterproof.

It is best to leave jewellery – including necklaces earrings and bracelets – at home, to ensure they aren’t lost, damaged, or caught on anything.

Wear glasses instead of contact lenses.

Bring hand sanitiser or wipes. Bring water and snacks as you may be out for longer than you anticipate. It is strongly advisable to leave your phone at home and bring an old phone with essential numbers on it. You can bring earplugs and a washcloth, and bandages and first aid supplies such as plasters. Leave valuables at home. And don’t forget your protest placards, sign or banner!

Arrange to arrive and leave with friends and plan your journey. Arrange regular check-in processes. Keep each other safe. Be mindful of the particular needs and vulnerabilities of marginalised protesters.

Be attentive and alert during protests. The situation can develop very quickly and it is important to be able to be responsive.

Find more practical protest tips

Your Right to Protest in University

Everyone has the right to protest and. Students around the world have been protesting at their universities throughout history, to mobilise against domestic and international state violence, including against their own institutions’ complicity in those atrocities and injustices.

Your right to freedom of expression, including political expression, is protected under Article 10 of the European Convention on Human Rights (‘ECHR’). Your right to freedom of assembly is protected under Article 11 of the ECHR.

Your human rights under the ECHR have been brought into UK law by the Human Rights Act 1998 (‘HRA’), which:

  • requires ‘public authorities’ to act in a way that is compatible with your rights; and allows you to bring a claim in UK courts when your rights are violated by a public authority

Read about how the HRA works

Universities are considered public authorities for the purposes of the HRA – they are therefore required to act compatibly with your human rights under the ECHR. This does not include private universities.

Your Article 10 and Article 11 rights are ‘qualified’, however. This means that universities can lawfully restrict them, but only where it is:

  • in accordance with law;
  • for a ‘legitimate aim’ (which includes preventing crime or disorder, or protecting the rights and freedoms of others); and
  • proportionate (there are no other less restrictive measures available to the university to achieve their ‘legitimate aim(s)’).

Section 43 of the Education (No 2) Act 1986 places a positive legal duty on universities to take ‘reasonably practicable’ steps to ensure freedom of speech (within the law) for their members, students, members of staff and visiting speakers. This legal duty also requires universities to have an up-to-date code of practice about securing freedom of speech. The code has to include:

  • the procedures that members, students and staff have to follow in relation to meetings and other activities, e.g. protest, held on university premises; and
  • the behaviours required by members, students and staff in connection with those activities.

You should be able to find your university’s policy on freedom of political expression (and protest) on their website, and read this thoroughly before organising a protest. The policy must have regard for your rights under the HRA.

Your Right To Not Be Discriminated Against

Your university also has legal obligations under the Equality Act 2010 – it is unlawful for them to discriminate against you based on protected characteristics, including race, religion and philosophical belief. Discrimination under the Equality Act includes:

  • Direct discrimination: where you are treated less favourably because of your protected characteristic.
  • Indirect discrimination: where a university policy or practice has a worse impact on you (and people who you share a protected characteristic with), even though it applies to everyone equally.

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