Do bad changing room conditions at my school violate my human rights?

Question

In the school that Bob goes to he occasionally (around 10 times a year) has to suffer inhuman changing conditions. There are 4 average-sized groups and half the changing room is covered by desks and chairs for storage.

Today, he physically couldn't get to his changing space without climbing over un-sturdy chairs which is a safety risk. There are 2-3 students per square meter. The air is also full of deodorant and is a risk for asthma attacks, the room is also full of Carbon Dioxide. He was so squashed that he felt like an animal in a cage in a zoo. When he was changing the second time he had to wait for two people to change to get to his space.

Can he report the school and is this a violation of his Human Rights?

Answer 1

Before I address your questions, I will provide some brief background on human rights in the United Kingdom to provide some important context to my answer.

The United Kingdom is bound by international law to comply with the European Convention on Human Rights. Under Article 3: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." The Human Rights Act 1998 allows individuals to exercise their rights under the Convention within the United Kingdom. Under Section 6, it is unlawful for a public authority to act in a way which is incompatible with Convention rights (unless it acts in a way that is necessary to give effect to an incompatible statute).

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With this background in mind, you first ask:

Is this a violation of Human Rights?

The answer is probably not.

You raise four issues: 1) the size of the room, 2) the asthma risk, 3) the safety risk from the chairs, and 4) having to wait for two other people to get changed. The issue of size overlaps with issues 2 and 3, and issue 4 is clearly not covered by Article 3.

If you are attending a state school, then to determine if there has been an Article 3 violation, we must consider whether the changing conditions are inhuman. In Ireland v United Kingdom [1978], the European Court of Human Rights defined inhuman treatment as that which will likely cause ‘actual bodily injury or intense physical and mental suffering’. The risk of asthma attacks seems to come from the use of deodorant (presumably) by students rather than the staff in a small space. The fact that the school has provided a small space is not a breach. Similarly, the need to climb over chairs probably isn't enough to say that actual bodily harm was a likely consequence. However, if you (or others) had been injured to this extent, it would provide evidence to the contrary. On the facts, this hasn't happened.

If your question refers to a private school, then it immediately falls outside the scope of the Convention as a private school is not a public authority.

You also ask:

Can I report the school?

Here, the answer is possibly.

This is a health a possible heath and safety concern. For more information on the duties of public schools and the reporting procedure, see the following guidance by the Department for Education.