York Human Rights City Network (YHRCN) Statement on the Flying of Flags in York, 16 October 2025
Posted on Monday 20 October 2025
The statement was written by staff at CAHR. It responds to recent events in the city, specifically the flying of St. George’s and Union Jack flags, a rise in race-related hate crime and harassment, attempts by the City of York Council to take down the flags, and attacks and harassment of those commissioned to do this work. The statement has three sections: 1) A statement of solidarity. 2) Legal analysis of the issue through a human rights lens. 3) A timeline of some key events since mid-August.
YHRCN Statement of Solidarity
York embraces a vision of a vibrant, diverse, fair and safe community built on the foundations of universal human rights.
The quote above opens the declaration which accompanied York becoming the UK’s first Human Rights City, in 2017. The flying of flags in the city in recent weeks is a litmus test of the kind of community this vision was intended to create.
Historically, flag flying in the UK is positively associated with particular times or events – moments of celebration and commemoration, or the hosting of sporting events, for example. It is also less positively associated with the conflict in Northern Ireland and far right, racist groups in the 1970s and 1980s. While in the former examples, flags can serve to unite and inspire, in the latter they were a symbol of narrow identities and markers of territorial exclusion. Flags have no fixed meaning; their meaning depends on the context in which they are flown.
It is hard not to see flag-flying in our city at a time of polarisation as an attempt to accentuate, rather than repair, the fault lines in and across our communities. It is also hard not to see flags at the perimeters of our universities (as a new academic year began), and near the hospital, as hostile statements, targeting cosmopolitan hubs in the city. It is clear, from the legal analysis and the timeline below, that flag flying has created an enabling environment for racist attacks and harassment, as well as a chilling effect for minorities in the city, who no longer feel safe. It is also clear that this issue affects us all and that insecurity and unease have become commonplace.
It is important to acknowledge that marginalisation comes in many forms, including socio economic marginalisation. There are many people in our city who feel disenfranchised and forgotten. YNRCN’s annual indicator report has documented stark inequality and poverty for almost a decade. It is also vital that we listen to these voices, and act on these concerns.
The City of York Council decision to take down the flags was made in this context. As the legal analysis below suggests, the freedom of expression of one group needs to take into account the rights of others. The Council has a responsibility to ensure tolerance and mutual respect; that public spaces belong to us all and that everyone feels safe in the city.
York is both a Human Rights City and a City of Sanctuary. We have a long history of welcoming diversity and difference. We are an international city, with thousands of students and tourists passing through each year. This is who we are.
The declaration to become a Human Rights City was a collective gesture of intent, not of achievement or success. While in recent weeks we have witnessed many troubling incidents in the city, we have also seen communities supporting victims of racist attacks, events and rallies challenging racism, and residents and political leaders taking a stand for a more inclusive vision of our city. This too is who we are.
Another litmus test of what kind of community we want to create can be seen in how we respond to threats to cohesion and unity. As always in York there is much to build on and applaud – but we need to re-energise our intent to create a vibrant, diverse, fair and safe community built on the foundations of universal human rights, in order to ensure that this is what we become.
Legal Analysis
This analysis examines the flying of St. George’s and Union Jack flags in public spaces in the City of York, through the lens of UK human rights obligations and equality law. It argues that while removing the flags may not be a strict legal obligation, it is a necessary and proportionate measure for York, as the UK’s first Human Rights City, to uphold its commitment to fostering an inclusive and safe environment for all residents.
- Relevant legal framework
1.1. Public Sector Equality Duty under the Equality Act 2010
Under section 149 of the Equality Act 2010, public authorities (including the City of York Council) have a legal obligation known as the Public Sector Equality Duty (PSED) (1). This duty requires them to consider the impact of their policies, programmes, and policies on different groups of people. When carrying out their functions, they must have ‘due regard’ to the need to:
- Eliminate unlawful discrimination, harassment, victimisation, and any other conduct that is prohibited under the Equality Act.
- Advance equality of opportunity. This means actively working to remove disadvantages, meet the specific needs of protected groups, and encourage their participation in public life.
- Foster good relations between different groups. This involves tackling prejudice and promoting understanding between people who share a protected characteristic (such as race or religion) and those who do not.
This ‘due regard’ requires a conscious and thorough analysis of the potential effects of a decision, such as permitting or not removing flags to be flown on public lampposts. The Council must consider whether such an action could marginalise certain communities, create an environment where people feel harassed, or damage community cohesion. If a public authority fails to properly comply with this duty, its actions – or its failure to act – can be challenged in court through a judicial review (2).
1.2. Human Rights Duties under the Human Rights Act 1998
The Human Rights Act 1998 (HRA) incorporates most rights from the European Convention on Human Rights (ECHR) into UK law. Section 6(1) of the HRA makes it unlawful for public authorities to act in a way that is incompatible with a Convention right. Section 6(6) makes clear that an act includes a failure to act.
Human rights obligations under the HRA can be articulated into three main duties: to respect, protect, and fulfil (3). The duty to respect requires public authorities to refrain from violating human rights; the duty to protect requires them to put in place accountability mechanisms and safeguards to ensure that the rights of individuals are not violated by others; the duty to fulfil requires public authorities to take positive action to create an enabling environment where people can enjoy their basic human rights.
The key rights relevant to this situation are:
- The Right to Private and Family Life (Article 8): This right encompasses a relational dimension, pursuant to which everyone is entitled to forge relationships and participate in essential economic, social, cultural and leisure activities (4). The enjoyment of the relational dimension of the right to private life can take place in both private and public spaces.
- Freedom of Expression (Article 10): This right guarantees the freedom to hold opinions and to express them freely without interference from public authority (5). This includes the right to express views in public places, including through the use of symbols. However, Article 10 is a qualified right, meaning its exercise can be subject to restrictions if such restrictions are prescribed by law and necessary in a democratic society for reasons such as national security, prevention of disorder or crime, or protection of the reputation or the rights of others.
- The Prohibition on Discrimination (Article 14): This article guarantees that everyone should be able to enjoy their Convention rights ‘without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status’ (6).
Public authorities in York must consider and balance these interconnected rights when making their decisions.
- Impact of the Flags on Human Rights and Equality Duties
2.1. Risk of fostering an environment conducive to hate speech
Residents – both British and international – have reported feeling threatened by the flags (7). Minoritised communities, in particular ethnic minorities, as well as refugees and international students, have been especially impacted, with some even feeling that they cannot walk alone through some streets (8). Since the flags have started to be raised on public lampposts, there has been an increase in racially motivated incidents or crimes against minoritised communities and international students, as shown in the annexed timeline below and as reported in the press (9). The combination of these elements has generated a hostile environment that is conducive to further violence and is exclusionary of certain populations who, due to their characteristics, feel no longer able to enjoy public spaces in the same way as before and on the same terms as those who do not share their characteristics. In other words, both the relational aspect of the right to privacy and their rights to be protected from discrimination appear to be affected, if not compromised.
2.2. Balancing freedom of expression with the protection of other rights
While displaying a flag may be a form of expression protected by Article 10 of the HRA, this right is not absolute. As noted above, it is a ‘qualified right’, meaning it can be lawfully limited if it is necessary to protect the rights of others or the wider public interest. Any limitation must be lawful, pursue a legitimate aim, and be proportionate. In this case, a decision to remove the flags would be warranted to protect the rights of others under Articles 8 and 14 of the HRA.
- Article 8 (Right to Private and Family Life): If the flags create an intimidating atmosphere that deters minority groups from using parks, streets, and city centre areas, their ability to enjoy their private and community life is significantly hindered.
- Article 14 (Non-Discrimination): If the presence of the flags prevents ethnic and racial minorities from enjoying public spaces (and therefore their Article 8 rights) on an equal basis with the rest of the population, it may constitute a form of discrimination.
A proportionality assessment requires balancing the importance of the expression against the harm it may cause. In this context, the act of removing the flags may be a proportionate response. It targets the specific harm (the creation of an exclusionary and intimidating environment) and outweighs the limitation on the expression of flying these particular flags in public spaces. Freedom of expression does not extend to creating an environment where other citizens’ fundamental rights to safety, community participation, and equality are undermined (10).
- Implications for York as a Human Rights City
3.1. Human Rights and Equality Law as a floor, not a ceiling
York became the UK’s first Human Rights City in April 2017. For such a city, minimum legal compliance with human rights and equality duties should be treated as a floor, not a ceiling. The designation of Human Rights City carries a responsibility to be a leader in promoting and protecting human rights and fostering effective equality in practice. This may mean going beyond strict legal duties to proactively cultivate an environment where every resident feels safe, valued, and included.
3.2. A necessary measure to uphold human rights and foster equality
In order to fulfil its duties under the HRA – in particular, the duties to protect and fulfil in relation to the right to private life, read in conjunction with the right to non-discrimination – and the Equality Act 2010, the City of York Council is entitled to remove the flags from public lampposts.
Ultimately, removing the flags is not just about mitigating legal risks. It is a necessary political and social measure to genuinely uphold the values York claims to profess. This action would send a clear and powerful message that York is committed to being an inclusive home for all its residents and that public spaces belong to everyone equally. This action would affirm the city’s identity, not as a place of division, but as one that stands actively for equality, dignity, and human rights.
Appendix: Timeline Relating to Flag Flying in York
- Mid-August: Union Jack and St. George’s flags start to appear in public spaces in York and in other parts of England.
- 22 August: The Press notes the appearance of flags across the city. Flag Force UK, the main organising group, are quoted as saying that flying the flags are about restoring pride and rebuilding a sense of community (11).
- 23 August: The Press quotes the Leader of the Council, Councillor Claire Douglas, stating that flags can be a symbol of patriotism and pride, but can also stir ‘memories for some members of our communities of their experience of racism and persecution’. She notes that these perspectives need to be balanced and expresses a desire to meet both communities. Cllr. Douglas says that the flags will be left up while Women’s Rugby World Cup games are taking place in York, to support the England team (12).
- 27 August: Press reports document the extension of the display of symbols to the painting of zebra crossings and roundabouts in the city. A Council spokesperson is quoted as saying these will be removed on safety grounds (13).
- 29 August: Rachael Maskell, MP for York Central, argues that flags on lamp posts and painting infrastructure should be removed as they are unlawful, having been ‘inundated with messages’ on the issue (14); and later says that the public display of these symbols has ‘divided, not united our communities in ways that we have not witnessed before’ (15).
- 1 September: Representations of the St. George’s Cross and racist graffiti are found on the Dragon House Chinese take-away, on Foxwood Lane. Further racist graffiti appear on a local bus stop. Community members rally to support the takeaway and to help Council workmen remove the graffiti (16)
- 4 September: A recently graduated student is the victim of a racially motivated verbal and physical attack on the University of York campus. The student states: ‘It’s really upsetting because York is a safe city and we love it. That’s the reason I picked York to study’. Another student came to his assistance (17).
- 9 September: Rachael Maskell repeats her demands that flags be removed from York, referring to three racially motivated incidents in the city and to having been contacted by ‘hundreds of residents who felt upset and unsafe because of the flags and graffiti’. Council Leader, Councillor Claire Douglas, announces that the flags will need to be removed following the rise in race attacks. She also notes that cost of removing flags and road paintings will be about £250,000 (18).
- 11 September: Council Leader, Councillor Claire Douglas, announces that the Council will start removing flags as the Women’s World Cup comes to an end; Flag Force UK respond that removed flags will be ‘replaced promptly’ (19).
- 16 September: Press reports note that the North Yorkshire Police are appealing for information over suspected hate-related graffiti in four parts of the city (20).
- 18 September: Statements are issued by Councillor Claire Douglas, Leader of the City of York Council, and the city’s Higher Education Institutions (Askham Bryan College, York College, York St John University and the University of York). The former criticises abuse, intimidation and harassment targeting Council staff and contractors tasked with removing flags in York. Cllr. Douglas ends her statement by saying: ‘Let’s continue to build a city where respect, safety and community spirit are at the heart of everything we do. By coming together as residents, neighbours and partners, we can make York a place where everyone feels valued and safe’. The latter statement expresses concern at ‘unacceptable incidents of harassment, racist incidents and intimidation in recent weeks’, and continues: ‘This behaviour has no place in our communities, our campuses, or our city’ (21).
- 18 September: A full meeting of the City of York Council hears from residents that: ‘Racial slurs have been levelled at children, international students told to speak English and LGBTQ people abused as flags have spread an oppressive atmosphere across the city’. The same meeting includes a speech from the Council Leader, Councillor Claire Douglas, concentrating on flagging activity, a corresponding uptick in racist incidents and the importance of community cohesion and unity (22).
- 4 October: After further racist attacks in the city, Stand Up to Racism York organises a rally in the city centre. Among the speakers are Councillor Claire Douglas, Leader of the Council, and Rachael Maskell, York Central MP (23).
- 14 October: York Central MP, Rachael Maskell, informs the House of Parliament that those tasked by the Council with taking down flags have been subjected to intimidation, and asks for national government support to remove the flags (24).
Sources
1. Equality and Human Rights Commission, The Public Sector Equality Duty (PSED), 28 June 2022. At: https://www.equalityhumanrights.com/guidance/public-sector-equality-duty-psed
2. Equality and Human Rights Commission, The Essential Guide to the Public Sector Equality Duty England (and Non Devolved Public Authorities in Scotland and Wales), July 2014. At: https://www.equalityhumanrights.com/sites/default/files/psed_essential_guide_-_guidance_for_english_public_bodies.pdf
3. Manfred Nowak, Respect-Protect-Fulfil, in Christina Binder and Others (eds), Elgar Encyclopaedia of Human Rights, Edward Elgar 2022, pp. 162-167
4. Equality and Human Rights Commission, Article 8: Respect for Your Private and Family Life, 24 June 2021. At: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-8-respect-your-private-and-family-life
5. Equality and Human Rights Commission, Article 10 Protects Your Right to Hold Your Own Opinions, 3 June 2021. At: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-14-protection-discrimination
6. Equality and Human Rights Commission, Article 14: Protection from Discrimination, 3 June 2021. At: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-10-freedom-expression
7. Letter, We felt Sick and Threatened by Flags in our York Street, The Press, 2 October 2025. At: https://www.yorkpress.co.uk/news/25508607.we-felt-sick-threatened-flags-york-street/
8. Freya Hughes, Students Flag Concerns, 18 September 2025. At: https://www.yorkvision.co.uk/news/students-flag-concerns/18/09/2025
9. Hate Crime is on the Rise in York and North Yorkshire, 2 October 2025. At: https://yorkmix.com/sexual-orientation-hate-crime-is-on-the-increase-in-york-and-north-yorkshire/
10. Erbakan v Turkey, App no. 59405/00, European Court of Human Rights, 6 July 2006, § 56 (‘as a matter of principle it may be considered necessary in certain democratic societies to sanction or even prevent all forms of expression which spread, incite, promote or justify hatred based on intolerance …, provided that any “formalities”, “conditions”, “restrictions” or “penalties” imposed are proportionate to the legitimate aim pursued’).
11. Kevin Gelton, Council Only Plans to Remove Flags in Knavesmire Road, York, The Press, 22 August 2025. At: https://www.yorkpress.co.uk/news/25408201.council-plans-remove-knavesmire-road-flags-yor/
12. Kevin Glenton, York Council Leader Issues Statement on Flags Seen in City, The Press, 23 August 2025. At: https://www.yorkpress.co.uk/news/25412767.york-council-leader-issues-statement-flags-seen-city/
13. Nadia Jefferson-Brown, English Flag Pained on Roundabout and Crossing in Tang Hall, The Press, 27 August 2025. At: https://www.yorkpress.co.uk/news/25419360.english-flag-painted-roundabout-crossing-tang-hall/
14. Dylan Connell, York MP Says Putting Flags on Lamp Posts ‘Not Within the Law’, The Press, 27 August 2025. At: https://www.yorkpress.co.uk/news/25426592.york-mp-says-putting-flags-lampposts-not-within-law/
15. Rachael Maskell, Rachael Maskell Vows to Dedicate Time to City’s Needs, The Press, 4 September 2025. At: https://www.yorkpress.co.uk/news/25435193.rachael-maskell-vows-dedicate-time-citys-needs/
16. Dylan Connell, Racist Graffiti on Dragon House Takeaway Condemned, The Press, 1 September 2025. At: https://www.yorkpress.co.uk/news/25432027.racist-graffiti-dragon-house-takeaway-york-condemned/
17. Dylan Connell, Man Injured After Racially Motivated Attack in York, The Press, 5 September 2025. At: https://www.yorkpress.co.uk/news/25444327.man-injured-racially-motivated-attack-york/
18. Joe Gerrard, Rachael Maskell Demands Flags Be Removed from York, The Press, 9 September 2025. At: https://www.yorkpress.co.uk/news/25454054.rachael-maskell-demands-flags-removed-york/
19. Alice Kavanagh, City of York to Remove Flags at Cost of £250,000, The Press, 11 September 2025. At: https://www.yorkpress.co.uk/news/25458328.city-york-council-remove-flags-cost-250-000/
20. Kevin Glenton, Flags Start to be Removed by Council from York Lamp Posts, The Press, 16 September 2025. At: https://www.yorkpress.co.uk/news/25469190.flag-removal-york-lampposts-city-york-council/
21. The statements are available at: https://www.york.gov.uk/news/article/1762/statement-from-the-leader-of-city-of-york-councl/
22. Joe Gerrard, ‘Racial Slurs Levelled at Children’ in York, Councillors Told, The Press, 22 September 2025. At: https://www.yorkpress.co.uk/news/25485632.racial-slurs-levelled-children-york-councillors-told/ also see https://www.youtube.com/watch?v=l7_wPMN9U5k&t=205s
23. Dylan Connell, Hundreds of People at York Stand Up to Racism Rally, The Press, 4 October 2025. At: https://www.yorkpress.co.uk/news/25517910.100-people-york-stand-racism-rally/
24. Press Reporter, Rachael Maskell Says Workers Being Intimidated Over Flags, The Press, 14 October 2025. At: https://www.yorkpress.co.uk/news/25543077.rachael-maskell-says-workers-intimidated-flags/