Discrimination on the Basis of Belief Or Non-Belief
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Discrimination on the basis of belief or non-belief Discrimination on the basis of belief or non‐belief Key points Awareness of a person’s beliefs – including non‐belief in any religious tradition – is integral to being aware of equal treatment issues. Realising that a judge and other court or tribunal personnel take notice of matters relating to an individual’s belief system helps create an atmosphere of trust and reduces alienation. No assumptions should be made about what constitutes a religious belief or practice or what type of accommodation might be required; and avoid assumptions in relation to an individual based solely on dress or appearance. Religious and other beliefs, or non‐belief, are often a fundamental aspect of a person’s identity. Religion and belief (including non‐belief) discrimination 1. The Equality Act 2010 regulates direct and indirect discrimination on the grounds of religion or belief (including non‐belief), harassment on the grounds of religion and belief and victimisation. The Equality Act 2010 also regulates religion and belief discrimination outside the employment field. Religious diversity 2. The UK is a diverse society with people of many beliefs and some with none. Many people do not believe in God. Some practise religious observances outside the boundaries of traditional world religions (e.g. pagans). Others abide by sets of beliefs that are not religious in nature, for example secularists and humanists. National or ethnic origin, race, colour and religion 3. The prohibition against religious discrimination may overlap with prohibitions against unlawful discrimination based on national or ethnic origin, race and colour where a particular religion is strongly associated with, or perceived to be associated with a particular racial or other group. The inter‐relationship between these protected characteristics can be complex. a. Ethnic groups are often multi‐religious. Indians, for example, may be Hindus, Muslims, Sikhs, Christians or members of other belief systems or may have no religion or belief. b. Religious practice can cut across ethnic groups, for example Muslims can be Albanian, Bangladeshi, Bosnian, Chinese, Indian, Indonesian, Iraqi, Malaysian, Nigerian, Pakistani, Somali, Turkish, English, Irish, Scottish or Welsh. c. Ethnic and religious identities can also coincide: both Jews and Sikhs are recognised as ethnic groups under the Equality Act 2010. Equal Treatment Bench Book November 2013 1 Discrimination on the basis of belief or non-belief d. A large minority of British people of all ethnic groups have no religious belief. Some adopt non‐religious life stances, such as humanism or secularism. Internal diversity 4. To add to the complexity, each religion and belief has a considerable internal diversity of traditions, practices, cultures and languages. a. There are many variations within minority religions and beliefs, and many varieties of non‐belief, just as there are within Christianity. b. The religious practices of members of some minority ethnic communities may include practices and views characteristic of their area of origin but not necessarily intrinsic to the teaching of their specific religion; cultural and religious traditions may be closely interwoven in complex ways. Thus, although we speak of distinct religions and faith communities, there are often overlaps. c. Many Africans, for instance, may be Muslim or Christian, but they also live in a distinctly African cultural manner. d. The same is true of people from South Asia, where different religions co‐exist, and where differing practices have developed over time. Cultural differences within any one group may also involve distinctions on the basis of age, gender and social status. Individuals may also differ in their adherence to and practise of their religious beliefs. Systems of belief and non‐belief in the UK 5. For information in relation to some of the main belief systems present in the UK, please see Appendix 1. Sincerity of belief 6. Quite often in the hearing room context we will come across individuals who claim that a particular practice is essential to their faith. Whether it is or not may be too difficult to determine and is not for us to decide. What is within our jurisdiction is the question of credibility and we may in certain circumstances be required to determine whether a particular belief is genuinely held and the extent to which a particular individual is bound by what they say is essential to their religious practice. However, because the definition of religion is broad and protects beliefs and practices with which judges and others may be unfamiliar, judges should ordinarily assume that an individual’s request for religious accommodation is based on a sincerely‐held religious belief. If, there is an objective basis for questioning either the religious nature or the sincerity of a particular belief or practice, it may be justifiable to seek additional supporting information. Always have in mind that as judges, of course, we strive to fulfil our judicial oath to do right and ensure justice to all, irrespective of an individual’s protected characteristics including religion or belief. Systems of belief and non‐belief in England and Wales 7. In the 2011 census, 59.3% of respondents (33.2 million) stated their religion as Christian [2001 census: 71.6% of respondents (37 million)], whilst 25.1% (14.1 million) Equal Treatment Bench Book November 2013 2 Discrimination on the basis of belief or non-belief stated they have no religion [2001 census: 15.5% (9.1 million)] and a further 7.2% (4 million) did not respond to the question [2001 census: 7.3% (4.2 million)]. Some 4.8% (2.7 million) [2001 census: 3.8% (1.5 million)] give their religion as Muslim, making this the most common religion after Christianity. Some 12.4% (1 million) [2001 census: 8.5%] of London’s population give their religion as Muslim; 5% (410,000) [2001 census: 4.1%] are Hindus and 1.8% (147,000) [2001 census: 2.1%] are Jewish. It can be observed that: a. Christians remain the largest single group by far (nearly 6 out of 10 people). b. The second largest group is of those professing no religious belief. It is also worth noting that over 7% of the population did not respond to the question, whether from a position of non‐religious belief or for other reasons. Discrimination on the basis of belief or non‐belief 8. Discrimination on the basis of belief or non‐belief contributes to the marginalisation and social exclusion of groups and individuals, and ranges from violence and bullying to prejudice against a person because of their actual or perceived belief or non‐belief. Prejudice also manifests itself in the signals sent out, intentionally or not, in the way in which the needs of a person are ignored or overlooked, for example when accessing public services. The risk of unemployment also varies significantly according to religious identity. The Equality Act 2010 9. Religion or belief is a protected characteristic under the Equality Act 2010. Under this Act: a. Religion means any religion and a reference to religion includes a reference to a lack of religion. b. Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief. 10. The Equality Act 2010 makes it unlawful to discriminate directly or indirectly, to harass or to victimise people because of the protected characteristic of religion or belief. This includes harassment or victimisation because of perceived religious belief or non belief or because of an association with someone who holds a particular religious belief or non belief. The Equality Act prohibits discrimination in employment, and the provision of goods, services and facilities. 11. The Equality Act 2010 also requires that public bodies, must, in the exercise of their functions, have due regard to the need to eliminate prohibited discrimination, advance equality of opportunity, and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Courts and tribunals are public authorities for these purposes, although the exercise of ‘judicial functions’ is an excluded function of the Act for these purposes. Equal Treatment Bench Book November 2013 3 Discrimination on the basis of belief or non-belief Direct and indirect discrimination 12. Direct discrimination, treating a person less favourably because of their beliefs or non‐ belief, can arise where actions and attitudes are based on assumptions and stereotypes. a. A faith community or belief group may be seen as a single monolithic block, static and unresponsive to new realities rather than as diverse, with internal differences, debates and developments. b. A faith community or belief group may be seen as having aims or values that differ from those held by the wider community, rather than as being interdependent with the wider community and sharing common values and aims. 13. Direct discrimination can also arise where actions and attitudes are based on assumptions and stereotypes, whether positive or negative, about members or non‐ members of a particular faith or belief group, rather than based on evidence about the particular individual. For example, a Muslim woman wearing a head‐scarf may be seen as oppressed and forced to wear it, whereas a Sikh man wearing a turban may not be seen in the same way. 14. It is equally important to avoid treating everyone the same irrespective of their individual belief or group identity. Awareness of the needs of different faith groups, as well as of the existence of a significant group with non‐religious beliefs or no beliefs, is important if diversity and difference is to be respected and accommodated. Northern Ireland legislation 15. The Northern Ireland Act 1998 contains similar provisions to those contained in the Equality Act 2010.