Breaking the silence: do pupils understand their rights?

Bullying and discrimination remain important issues in schools, but do pupils always recognise when they are happening? Being repeatedly teased, excluded or treated unfairly can have a significant impact on a young person's experience of school. Yet understanding what counts as bullying, when behaviour may amount to discrimination and what rights pupils have is not always straightforward.

With Anti-Bullying Week (16–20 November 2026) focusing on Break the Silence, and Universal Children's Day taking place on 20 November 2026, there's an opportunity to look beyond the behaviour itself and ask a bigger question: do children understand their rights, and do they feel confident enough to speak up when those rights are not respected?

Why do pupils stay silent?

The Anti-Bullying Alliance developed this year's theme with input from more than 200 children and young people. Its research highlights that more than one in five children report being bullied each year.

There are many reasons why pupils might not tell someone. They may fear making things worse, worry about being labelled a troublemaker or simply feel that nobody will take them seriously. Some may also struggle to explain what is happening, particularly if hurtful behaviour has become part of everyday life.

Earlier research highlighted by the Anti-Bullying Alliance found that young people did not always feel listened to when they reported bullying, including pupils who experienced difficulties relating to their LGBT identity.

For schools, the challenge is not just having a reporting system in place. Pupils need to feel confident that someone will listen and take their concerns seriously.

How common is bullying, and who is most affected?

There are no official statistics on the overall prevalence of bullying in England, which makes it difficult to establish how widespread the problem is. The Education Policy Institute's review of the evidence explains why figures vary between studies and highlights differences in the experiences of particular groups.

One large study, involving nearly 140,000 pupils through the Anti-Bullying Alliance's United Against Bullying programme, reported that 24% experienced frequent bullying. The figure rose to 31% among pupils with special educational needs and disabilities and 30% among those receiving free school meals (research findings).

The findings suggest that some pupils may be more vulnerable to bullying than others. However, they should not be taken to mean that every pupil in these groups has the same experience.

For schools, looking at patterns of behaviour as well as individual incidents may help identify where pupils need additional support.

Is bullying the same as discrimination?

The two terms are sometimes used interchangeably, but they are not the same.

Bullying generally involves behaviour intended to hurt, intimidate or undermine another person, often repeatedly. Discrimination involves unfair treatment connected to a protected characteristic or another circumstance covered by equality law.

A pupil repeatedly mocked because of their disability, race or religion, for example, may be experiencing both bullying and discrimination.

Does making the distinction matter?

One argument is that the behaviour and its impact should come first. Whether an incident is labelled bullying or discrimination, the pupil experiencing it needs to be listened to and supported. Having a straightforward approach to reporting and tackling harmful behaviour may also help schools respond consistently.

However, there is another consideration. If behaviour is linked to a protected characteristic, treating it simply as bullying could overlook a wider pattern of discrimination. Recognising this distinction can help schools understand their legal responsibilities and identify whether particular groups of pupils are being targeted.

The two approaches are not mutually exclusive. Schools need to address harmful behaviour while considering its context and whether equality law is relevant.

What does the law say?

The Equality Act 2010 protects school pupils from discrimination based on seven protected characteristics: disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Its schools’ provisions do not cover age or marriage and civil partnership.

The Equality and Human Rights Commission's guidance for schools explains the responsibilities schools have, including the public sector equality duty for relevant schools.

This doesn't mean every unkind comment or bullying incident automatically amounts to unlawful discrimination. The circumstances matter. But schools do have legal responsibilities, and understanding the difference is important.

Do pupils understand their rights?

Universal Children's Day, on 20 November, marks the adoption of the UN Convention on the Rights of the Child. It sets out children's rights, including protection from violence and discrimination, access to education and the right to have their views heard.

Yet a Children's Society poll of 2,400 children aged 10–17 found that two thirds had never heard of the Convention. Although this is an older finding, it raises an important question: how can pupils recognise when their rights are not being respected if they don't know what those rights are?

Understanding their rights is a starting point, but it is not enough on its own. Pupils also need to feel that they will be listened to and taken seriously when they speak up.

What role can PSHE play?

PSHE lessons offer a useful starting point for exploring these questions. Rather than simply telling pupils what to think, teachers can encourage them to consider different situations and reach their own conclusions.

For example, pupils could discuss when a disagreement becomes bullying, whether behaviour can be discriminatory even if it is described as a joke, and why someone might hesitate to report what has happened.

They can also explore the rights and responsibilities of children, the importance of respecting differences and where to seek help if something doesn't feel right.

Anti-Bullying Week provides an opportunity to start these conversations, but they shouldn't end when the week is over. Building an environment where pupils feel listened to and respected requires ongoing attention from the whole school community.

Making rights matter in everyday school life

Bullying and discrimination can overlap, but understanding the difference matters. And knowing your rights is only part of the picture if you don't feel able to speak up.

This November, what can schools ensure pupils not only understand their rights, but feel confident that their voices will be heard?

Explore the Issues series: resources for discussing bullying, discrimination and children's rights

Vol. 442: Human Rights introduces the principles and history of human rights, the law and the challenges involved in protecting them.

Vol. 450: Anti-Bullying looks at different forms of bullying, its effects on young people and ways to prevent and address it.

Vol. 472: Children's Rights explains the rights of children and young people, why they matter and how they relate to fairness, equality and having a voice.

Other helpful and relevant resources:

Vol. 369: LGBT+ Issues explores sexuality, gender identity, legal rights, mental health and the experiences of LGBT+ young people.

Vol. 409: Online Safety examines the benefits and risks of social networking, including online behaviour, privacy and staying safe.

Vol. 424: Respectful Relationships explores respect in friendships and relationships, including conflict, recognising warning signs and consent.

Vol. 457: Personal Safety offers practical guidance on staying safe at home, on the move and in everyday situations.

All titles are available in print and digitally through an Issues Online subscription. To find out more, email issues@independence.co.uk.