Freedom of Speech is not an excuse for Hate Speech

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Conference
2024 National Higher Education Conference
Date
12 October 2023
Decision
Carried

Conference notes that the Higher Education (Freedom of Speech) Act 2023 is seen as a tool to ‘safeguard’ free speech and academic freedom in universities. It places a responsibility on Higher Education Providers and Students’ Unions to actively promote freedom of speech, including making venues available to groups or speakers regardless of beliefs. This effectively means they can no longer de-platform speakers where debates are centred around gender and the rolling back of rights of trans people in our society.

Under the Act, universities will be fined by the Office for Students (OfS), if they fail to uphold legal responsibilities to free speech on campus. It further means that individuals will be able to seek compensation from Higher Education Institutions and Students’ Unions which they believe have breached their legal obligations to facilitate free speech.

In a recent British Social Attitudes survey, it was revealed that hate crimes against trans people had risen by 11% in the last year compared with a drop of 6% against lesbian, gay and bisexual (LGB) people in the same period. However, it is important to note both are hugely up overall when comparing the last five years. 186% increase in hate crimes against trans people and 112% increase in hate crimes against LGB people. This rise could be in large part attributed to the apparent constant steam of anti-trans disinformation made by the mainstream media and the government.

Conference recognises that many barriers to challenging discriminatory behaviour can be caused by a lack of education, information, support and robust policies in workplaces and it is essential that workplaces are allies for those with trans identities. Conference further notes the work already done by the National Lesbian Gay Bisexual Transgender+ Committee on development of the UNISON Trans Equality campaign. A key component of this campaign is the trans ally training programme which gives LGB and non-LGBT+ members the opportunity to explore what it means to be a trans ally. The campaign also has a growing network of trans, non-binary activists, many of whom are Higher Education members, who are active and campaign on a range of trans issues.

Conference therefore calls on the Higher Education Service Group Executive, working with the national LGBT+ committee as appropriate, to:

1)Encourage the negotiation of trans inclusive language in Higher Education agreements and policies, and of inclusive practices and procedures, across our Higher Education workplaces.

2)Urge branches where employers have no trans equality policy to seek to negotiate the adoption of UNISON’s trans equality model policy.

3)Promote UNISON’s trans ally training programme, across the service group and encourage all branches to run it for both activists and members.

4)Promote UNISON’s trans, non-binary and gender diverse network and encourage Higher Education members to join if they identify as trans, non-binary and gender diverse.

5)Raise trans equality with employers and employer bodies and seek reviews of relevant policies and procedures in relation to Freedom of Speech.