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EHRC Report highlights need to reassess law regarding religion and belief

Religious Liberty
13 March 2015
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This week the Equality and Human Rights Commission (EHRC) published its report regarding religion or belief in the workplace.

The overall picture is one of confusion over the current state of the law concerning the protection of religion or belief in the workplace, with many people seemingly uncertain of the freedom they do or do not have to express their beliefs.

A large majority of the responses to the consultation were from Christians (1,030 of the 1,636 responses from individuals), many of whom expressed concerns about the current balance between expressing religious views and the right of others to be free from discrimination. Specific areas of concern included conscientious objection regarding ‘same-sex marriage’ and a perceived hierarchy of rights which often sees sexual orientation rights trump those of religion or belief as well as a number of other issues outlined in the report.

Some legal participants asked whether it was worth revisiting the issue of sufficient or reasonable accommodation of religious beliefs in employment, something which CARE has a long advocated. Evangelical Christians in particular felt that Christian beliefs had lost their place in society and that this made it more difficult to express these beliefs in the workplace and in service delivery.

This research will be used to help inform and produce guidance on the Equality Act 2010 and the Human Rights Act 1998, leading to a report on the current state of the laws regarding religion or belief which is expected to be published later this year.

Some quotes of note from the Report:

“Some [service providers]believed they had been excluded from funding opportunities because they were faith-based organisations or because the contracting organisation assumed that they could not serve the whole community in an inclusive way.” (p.14)

“A recurring theme amongst Christian employees in particular was the pressure they perceived to keep their religious views hidden at work.” (p.37)

“Christian employees from a range of denominations also described experiences of being ridiculed as a result of their religious views..... Some Christian employees felt that stereotypes about Christians were unfairly applied to them.” (p.42)

“...a parent reported that their child came home in tears because he was 'berated by his teacher for expressing his belief that homosexuality is a sin and that marriage was between a man and woman’. The Christian parents spoke with the school about the incident but said they were dismissed, being told that, ‘their views were at odds with the school ethos’.” (p.81)

“Some Christian participants thought that equality legislation was unintentionally restricting the expression of religious beliefs in public life rather than protecting freedom of thought, conscience and religion. This was particularly thought to be caused by the way in which equality law was being represented in the media.” (p.141)

To read the EHRC Report Executive Summary click here. The Full Report can be read by clicking here.

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