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The Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into national law. Institutions in England, Northern Ireland, Scotland and Wales must carry out their functions in accordance with the rights guaranteed by the ECHR.

Convention rights that are particularly relevant to the teaching and learning environment include:

• freedom of thought, conscience and religion, including the freedom, either alone or in community with other, and in public or private, to practise their religion or belief in worship, teaching, practice and observance
• freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas
• freedom of peaceful assembly and freedom of association with others (The freedoms outlined above can be lawfully restricted if an individual’s behaviour constitutes a criminal offence.)

The freedoms outlined above can be lawfully restricted if an individual’s behaviour constitutes a criminal offence. In Scotland the Public Order Act 1986, the Criminal Law (Consolidation) (Scotland) Act 1995, the Protection from Harassment Act 1997, the Criminal Justice (Scotland) Act 2003, the Racial and Religious Hatred Act 2006, the Terrorism Acts 2000 and 2006, and the Offences (Aggravation by Prejudice) (Scotland) Act 2009 collectively limit behaviour that might provoke or cause fear of violence, cause harassment, alarm or distress, incite racial or religious hatred or result in acts of terrorism. HEIs should note that such behaviours include the use, display and dissemination of materials, the public performance of plays, and the distribution, showing or playing of a recording of visual images or sounds.

Under the Terrorism Acts it is an offence for a person to fail, without reasonable excuse, to inform the police of any information that he or she knows or believes might assist in preventing another person carrying out various serious acts of terrorism.

Furthermore, under Section 43 of the Education Act 1986, HEIs in England and Wales must take reasonably practicable steps to ensure that staff, students and visiting speakers have freedom of speech within the law. Under Section 26 of the Further and Higher Education (Scotland) Act 2005, HEIs in Scotland must have regard to the desirability of ensuring academic freedom for those engaged in teaching, the provision of learning or research.