Religion or belief work at the EHRC
Dr David Perfect
Research Manager
Equality and Human Rights Commission
Visiting Research Associate
University of Chester
david.perfect@equalityhumanrights.com
Outline
•
•
•
•
•
Description of EHRC; overview of religion or belief work
Key legislation: equality and human rights law
Earlier (2007-13) legal, research, policy, guidance work
Strategy on religion or belief (2013)
Recent (2014-15) guidance, policy and research work
•
•
•
•
“Friends of the Chair” meetings (ongoing)
Guidance for employers and service providers (ongoing)
Evaluation of legislative framework (ongoing)
Religion or Belief Network
Description of EHRC
• National Equality Body established in October 2007;
UN National Human Rights Institution since 2009
• Covers nine protected characteristics: age, disability,
gender, race, religion or belief, sexual orientation,
transgender, pregnancy and maternity, and marriage
and civil partnership
• GB-wide body with main offices in Manchester,
London, Glasgow and Cardiff
• Independent public body – sponsor department is
Government Equalities Office
• Approximately 205 staff in total
Overview of religion or belief work
• Legal, research, policy and guidance work. Non-legal
work since 2013 implements religion or belief strategy
• Legal: direct legal assistance or applies to intervene as
expert adviser to courts
• Research: publishes research and statistics reports
• Policy: stakeholder input for projects
• Guidance: often for employers and service providers
• Specialist team set up in 2014-15: five policy/research
and two legal staff in England; two legal or policy staff
in Scotland. All work on other areas, e.g. on pregnancy
or other research issues. My background is in research
Key legislation: equality law
• Equality law concerned with direct and indirect
discrimination
• Initially Employment Equality (Religion or Belief)
Regulations of 2003, followed by Equality Act 2006
• Both replaced by Equality Act 2010 – brings legislation
together and adds Public Sector Equality Duty (PSED)
• PSED: public bodies ‘due regard’ to eliminate
discrimination, advance equality, foster good relations
• ‘Religion or belief’ broadly defined in Act: any
religion; any religious or philosophical belief; a lack of
religion; and a lack of belief
Key legislation: human rights law
• Human rights law concerned with religious freedom
• Human Rights Act 1998: right to freedom of thought,
conscience and religion into UK from October 2000
• Article 9 (1): absolute right to freedom of thought,
conscience and religion, qualified right to manifest
• Article 9 (2): freedom to manifest religion or belief
subject to ‘necessary’ limitations
• Domestic legal cases concerned with right to manifest
religion or belief
• Key decision at European Court of Human Rights
(ECtHR) in January 2013 in Eweida et al case
EHRC legislative approach
• Equality Act 2006 (S28): can help individuals with legal
proceedings in domestic courts involving equality
legislation through legal advice or representation. Can
also try to resolve disputes. Legal representation
through in-house staff or external lawyers
• EA 2006 (S30): More commonly, may apply to be a
party to legal proceedings involving equality or human
rights issues - typically to advise courts on matters
within its expertise. Covers domestic courts, European
Court of Human Rights and European Court of Justice
• Will look first at domestic courts, then at ECtHR input
Domestic: balancing rights
• Funded and led Hall and Preddy case (same-sex couple
in civil partnership refused hotel room). EHRC view
that direct discrimination against the two couples
under Sexual Orientation Regulations 2007. Also
supported broadly similar Black and Morgan case
• Gave evidence in Johns case (couple with negative
views on same-sex relationships wishing to foster)
about the impact on children and young people of
views opposed to same-sex relationships
• Argued in Catholic Care case (adoption agency seeking
to restrict its services to mixed-sex couples) that as a
public authority, CC subject to Human Rights Act
Domestic: manifestation of belief
• Intervened in Ghai case (Hindu seeking right for open
air funeral pyre for own funeral. Argued that to deny
him an open air funeral pyre would breach his rights to
a private and family life
• Intervened in JFS case (school refusal to admit a child
of a non-Orthodox Jewish mother). Argued that
school’s use of an ethnic-based test in selecting
students did not comply with the Race Relations Act
ECtHR intervention
• Main example was intervention in key case of Eweida,
Chaplin, Ladele and McFarlane v United Kingdom
• May 2011: ECtHR asks UK government to respond to
claimants appeals. July 2011: EHRC granted permission
to intervene. September 2011: made submission,
following informal consultation of stakeholders
• EHRC view: domestic courts came to correct
conclusions in Ladele/McFarlane; courts may not have
given sufficient weight to claimants’ right to manifest
their religion or belief in Eweida/Chaplin
• ECtHR Jan 2013: Eweida wins case; other three lose
Research reports/briefings: 2009-12
• Specialist research: Woodhead and Catto (2009):
possible EHRC priority areas on religion or belief;
Weller (2011): religious discrimination in Britain, 200010; Woodhead (2011): existing and recently published
research on key themes; Donald, with Bennett and
Leach (2012): religion or belief, equality and human
rights in England and Wales
• Statistics: Perfect (2011): key religion or belief data
• Other research (e.g. Bond et al, 2009, Metcalf, 2009)
examined religion or belief alongside other equality
strands
• All reports available on EHRC website
Research: London Met. University
• Religion or belief, equality and human rights in
England and Wales; project led by Alice Donald and
published in August 2012
• Mixed methods, including 67 interviews with different
stakeholders, literature review, two online surveys,
round table events
• Religion or belief interviewees carefully selected to
get wide range of views; include representatives of
humanist and secular groups
• Surveys really ‘calls for evidence’ - not representative
• Includes extensive discussion of key legal cases and
academic and stakeholder responses to these
Key findings: broad consensus
• Religion or belief groups are legitimate interest
groups, but should not have a privileged role
• Reasonable accommodation for religion or belief is
beneficial, but should be limits to what is accorded.
• Excessive litigation in this area is damaging and the
law has a limited capacity to bring about change
• Principles, or ‘rules of thumb’, required to pre-empt
or resolve disputes in workplace and the community
• Practice-based guidance required for religion or belief
issues in the workplace to be handled effectively
• Clear ground rules for debate in this area, as much
previous public discussion intemperate
Key findings: lack of consensus
• Whether conscientious objection opt-outs beyond
those that already exist are desirable
• Whether a hierarchy of equality strands exists or
indeed should exist - and whether sexual orientation
‘trumps’ religion
• Whether Christians are ‘marginalised’ in public life
• Whether religion or belief is essentially different from
other equality strands
• Views about the religion or belief exceptions in the
Equality Act 2010 and the extension of the public
sector duty to cover religion or belief
Policy: Goldsmiths dialogue events
• Project carried out by Religious Literacy Leadership
Programme at Goldsmiths, University of London
• Four dialogue events (Feb-April 2013): cover religion and
belief in the public sphere; media and religion or belief;
religious diversity in the workplace and service delivery;
balancing competing interests
• Participants including religious and secular bodies, trade
unions, government officials, academics, equality bodies
• Final event drew up actions for employers, trade unions,
religion or belief bodies, EHRC and government
• Summaries of events and other project material published
Dialogue events: key findings
• No overall consensus, but more agreement on some issues
• Contemporary RoB landscape complex, diverse and diffuse
• Christianity part of a shared intellectual tradition
whatever our own stance
• Media do not show range of views across the religious
field; can polarise public views on different religions
• Differences between the absolute right to hold a religion
or belief and the qualified right to manifest it are unclear
• Tolerance and mutual respect in discussing issues related
to protection of religion and belief is required
• Guidance, materials and opportunities for discussion
helpful to build competence and confidence in this area
Guidance: managing religion or belief
• Two guidance documents published in Feb 2013 after
the Eweida et al judgment. One advises employers on
how to understand the legal implications; the other
considers the practical steps they can take when
recognising and managing the expression of religion or
belief in the workplace
• Draws on advice of academic experts, religious and
secular organisations and equality bodies
• Covers how an employers will know if a request is
genuine; what kind of requests they might receive and
how to deal with them; whether employees have the
right to promote their religion or belief at work; and
whether they can refrain from work duties
Religion or belief strategy
• Shared understandings: a new EHRC strategy to
strengthen understanding of religion or belief in
public life. Published October 2013. Key aims to:
• Improve understanding and practice by employers and
service providers. Includes call for evidence and
ongoing guidance
• Create a more balanced and reasonable dialogue on
religion or belief. Includes direct discussions with
stakeholders and their involvement in advisory groups
• Assess the effectiveness of existing legislation.
Includes legal review by Oxford Brookes University
• Current (2014-16) programme of work designed to
implement this strategy
Guidance: marriage same sex couples
• Asked by Government Equalities Office to prepare
guidance following change in the law in England and
Wales in 2013
• Involved convening of a large ‘virtual’ advisory group
including religious, secular and humanist organisations,
trade unions, equality bodies and academics
• Six guidance documents published in March 2014. One
described the new law in detail; others aimed at
public authorities; religious organisations; schools; the
workplace and service delivery. Final document
outlined key questions and answers
• Similar guidance published in Scotland in 2014-15
Policy: call for evidence
• Conducted by NatCen Social Research and covered
religion or belief in the workplace and service
delivery. Call live between mid-Aug and end Oct 2014
• 6 online surveys: employees, employers, service users,
service providers, organisations, legal and advice
• Key aims to: 1) learn about personal individual
experiences 2) achieve many responses 2) find out
about a variety of issues from different perspectives 4)
hear about positive as well as negative experiences
• Report published in March 2015. 2,483 responses:
employees (1,636), service users (468), organisations
(181), service providers (108), employers (67),
legal/advice community (23)
Call for evidence: key findings
• Some workplaces inclusive. In others, religion seen as
a private matter that should not be discussed at work
• Perceived discrimination in recruitment, working
conditions, promotion and progression, time off work
• Beliefs mocked or dismissed; some employees felt
unable to challenge discrimination and harassment
• Concerns about the balance between freedom to
express religious views and rights of others
• Divergent views about when desirable and appropriate
to discuss religious beliefs
• Fairer provision of services between religious/nonreligious groups required
• Divergent views about opt-outs from work duties
Research: review of law
• Review by Peter Edge and Lucy Vickers (OBU) of the
interpretation and effectiveness of equality and human
rights law relating to religion or belief. Covers
definitions; legal protection; balancing rights;
reasonable accommodation; public sector equality duty
• Analysis of primary and secondary sources of British
law, including EHRC call for evidence, and four
workshops of academics and legal practitioners
• Report finalised; expected publication in September
• Law generally clear and consistent, but some areas,
e.g. definition of belief, need further assessment, or
are insufficiently tested, e.g. individual v group rights.
“Friends of the Chair” meetings
• A series of meetings exploring religious literacy in
different contexts. Chaired by Rowan Williams, former
Archbishop of Canterbury
• Attended by representatives of religion or belief
organisations, academics, senior lawyers and others
• Meetings to date have examined religious literacy in
connection with the law, the City, schools and higher
education, media and health
• Final two meetings will discuss EHRC report evaluating
effectiveness of the law
Guidance: employers and service providers
• Ongoing preparation by NatCen Social Research. Draws
on call for evidence. Large advisory group set up
• Extensive input from stakeholders and academic
experts who comment on draft documents
• Up to 15 key religion or belief topics in the workplace
and service delivery with key audience being
employers and service providers. Covers what is legally
required and good practice
• Topics include: a guide to the law; managing religion
or belief requests; time off work; dress codes;
freedom of expression; and conscientious objection
• Due for completion in early 2016; will be published on
website and widely disseminated
Evaluation of legislative framework
• Ongoing EHRC report on evaluation of the
effectiveness of the current legal framework on
religion or belief. Likely to be published in early 2016
• Draws extensively on Oxford Brookes legal review and
will also have significant stakeholder input
• Probable topics include the definition of religion or
belief; freedom of expression and balancing of rights;
and exceptions under the Equality Act. Likely also to
look at specific sectoral issues in health and education
• Will contain recommendations for the government and
other interested parties
Religion or Belief Network
• Established December 2009. Now nearly 750 members.
Includes academics (especially in law, philosophy,
religious studies, sociology and theology), stakeholders
and others interested in religion or belief issues
• Information sent out about once a month to all
members by e-mail. Covers EHRC work and that of
other members, including forthcoming conferences,
seminars, workshops and new/forthcoming publications
• New members very welcome! Please ask me
afterwards; my contact details are on the final slide
THANK YOU
Contact details
• Dr David Perfect (including for Religion or Belief Network)
david.perfect@equalityhumanrights.com
• Call for evidence report
http://www.equalityhumanrights.com/about-us/our-work/keyprojects/your-experiences-religion-or-belief
• Research on religion or belief (see RR no. 48, 73, 84)
http://www.equalityhumanrights.com/publications/ourresearch/research-reports
• General EHRC research inquiries
research@equalityhumanrights.com