Equality and diversity for academics
The legal framework: Northern Ireland
A framework of domestic and Europeanlegislation relating to equality and human rightsprovides the context within which teaching andlearning are delivered. This briefing outlines thelegal situation for academics working in NorthernIreland.
Legislation that outlawsdiscrimination andpromotes equality
In Northern Ireland there is a range of anti-discriminationlegislation which protects students, staff and recipientsof services from unlawful discrimination, harassment orvictimisation on the basis of:
=age: Employment Equality (Age) Regulations (Northern Ireland) 2006
=disability: Disability Discrimination Act 1995 (DDA) and the DisabilityDiscrimination (Northern Ireland) Order 2006 (DDO)
=race: Race Relations (Northern Ireland) Order 1997
=religion and belief or political opinion: Fair Employment andTreatment (Northern Ireland) Order 1998
=sex: (including gender reassignment, marriage and civilpartnerships, and maternity and pregnancy) Sex Discrimination(Northern Ireland) Order 1976, Equal Pay Act (Northern Ireland) 1970
=sexual orientation: Employment Equality (Sexual Orientation)Regulations (Northern Ireland) 2003
The public sectorequality duty
Section 75 of the Northern Ireland Act 1998 places publicauthorities, including HEIs, under a duty to have due regard tothe need to promote equality of opportunity between:
=people of different religious beliefs, political opinions, racialgroups, ages, marital statuses or sexual orientations
=men and women generally
=people with and without a disability
=people with and without dependants
Public authorities are also required to have regard to thedesirability of promoting good relations between persons ofdifferent religious belief, political opinion and racial group (inthe rest of the UK this aspect of the duty applies also to otherprotected characteristics with the exception of marital or civilpartnership status).
Each public authority must prepare an equality scheme whichoutlines how it proposes to fulfil the statutory duties over a fiveyear period. This involves screening the equality impact of allexisting and proposed policies and conducting equality impactassessments in order to promote equality of opportunity.
Section 76 of the Northern Ireland Act 1998 requires publicauthorities not to discriminate on grounds of religious beliefor political opinion when carrying out functions relating toNorthern Ireland.
The Human Rights Act 1998
The Human Rights Act 1998 incorporates the EuropeanConvention on Human Rights (ECHR) into national law.Institutions in England, Northern Ireland, Scotland and Walesmust carry out their functions in accordance with the rightsguaranteed by the ECHR.
Convention rights that are particularly relevant to the teachingand learning environment include:
=freedom of thought, conscience and religion, including thefreedom, either alone or in community with others, and in publicor private, to practise their religion or belief in worship, teaching,practice and observance
=freedom of expression, including the freedom to hold opinionsand to receive and impart information and ideas
=freedom of peaceful assembly and freedom of association withothers
Legislation thatqualifies rights
The freedoms outlined above can be lawfully restricted if anindividual’s behaviour constitutes a criminal offence. In NorthernIreland the Public Order Act 1986, the Public Order (NorthernIreland) Order 1987, the Protection from Harassment (NorthernIreland) Order 1997, the Criminal Justice (No. 2) (NorthernIreland) Order 2004, the Serious Organised Crime and Police Act2005, and the Terrorism Acts 2000 and 2006, collectively limitbehaviour that might provoke or cause fear of violence; causeharassment, alarm or distress; incite racial or religious hatredor result in acts of terrorism. Together they relate to behavioursincluding the use, display and dissemination of materials, thepublic performance of plays, the distribution, showing or playingof a recording of visual images or sounds.
Under the Terrorism Acts it is an offence for a person tofail, without reasonable excuse, to inform the police of anyinformation that he or she knows or believes might assist inpreventing another person carrying out various serious actsof terrorism.
Legislation thatprotects academicfreedom
Under Article 3 of the Education (Academic Tenure) (NorthernIreland) Order 1988, academic staff have freedom within the lawto question and test received wisdom, and put forward new ideasand controversial or unpopular opinions without jeopardy oflosing their jobs or any privileges they may have at an institution.
What does this meanfor teaching andlearning?
Academic staff have a responsibility to deliver teaching andlearning within the legal framework outlined above. Specificallythis might mean:
=paying attention to the needs of students from diverse groupswithin your course design – including an equality analysis/impactassessment processes in your course development is a useful wayof ensuring that you give due consideration to inclusivity andaccessibility
=making explicit to students the standards of conduct that youexpect in the way that they interact and dealing promptly andappropriately with inappropriate behaviour
=identifying opportunities within your teaching for students towork collaboratively in diverse groups
=devising creative and respectful ways of using the diverseexperiences of students to add value to the learning experiencefor everyone
For more detail and for information relevant to other parts of theUK visit
This is part of a series of factsheets for academics
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