The Problem of Intolerant Equality Laws 2014

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The Problem of Intolerant Equality Laws 2014 Report 2014 EUROPE: THE PROBLEM OF INTOLERANT EQUALITY LAWS 2014: CASES OF INTOLERANCE OR DISCRIMINATION AGAINST CHRISTIANS Bild: © Kat Garcia Illustriations Special thanks to Paul Coleman (United Kingdom) and Karina Walinowicz WHO WE ARE (Poland) and many others for making this publication possible Report to us! through their time and skills. The Observatory on Intolerance and Discrimination Have you been discriminated against on account of your against Christians is a registered non-governmental Christian faith? Have you been verbally attacked and organisation in Austria. The Observatory which monitors silenced when stating a Christian position? Do you know MAIN EDITOR: and catalogues instances in which Christians and someone who has been mistreated in any way because he or she is Christian? Dr. Gudrun Kugler, MTS Christianity are marginalised or discriminated against throughout Europe. The Observatory focuses mainly on the European Union and accession countries). The Observatory briefs international government organisations Please email us your story at and offers its findings especially to politicians, NGOs, [email protected] journalists and interested individuals through our website. The Observatory is a member of the Fundamental Rights Platform of the EU-Fundamental Rights Agency. Its work aims at encouraging victims of intolerance and discrimination to tell their stories, and to raise awareness among all people of good will that the phenomenon ought to be taken seriously and is in need of a common response. Impressum: Observatory on Intolerance and Discrimination against Christians in Europe Möllwaldplatz 5 A-1040 Vienna, Austria www.IntoleranceAgainstChristians.eu Permission granted for unlimited use. Credit required. 2 3 TABLE OF CONTENTS INTRODUCTION 2014 was a terrible year for religious freedom. Inconceivable The Organisation for Security and Cooperation in Europe's INTRODUCTION S.5 suffering was inflicted upon Christians and members of Office for Democratic Institutions and Human Rights other religions by Islamic militants. (ODIHR) published its annual report on hate crimes in the year 2013 on November 17, 2014. The report provides The Observatory’s task is to analyse the situation of an overview of data collected on hate crimes, and of Christians in Europe. Not in order to compare or diminuate responses to hate crimes and portrays countless hate CHAPTER 1: S.6 what is happening elsewhere. But to stay vigilant when it crimes against Christians. The Observatory on Intolerance THE PROBLEM OF INTOLERANT EQUALITY LAWS comes to the protection of human rights, be it even in a and Discrimination against Christians in Europe submitted subtle way. a 170-page report to this OSCE/ODIHR publication (http:// - THE HIDDEN BIAS OF ANTIDISCRIMINATION LAW S.7 www.intoleranceagainstchristians.eu/report-document/ - WHERE IS THE NECESSITY FOR EQUAL TREATMENT LAWS? S.8 Therefore we would like to draw your attention to interesting observatory-submits-170-page-report-on-hate-crimes- - ENTERPRISES’ GOOD REASONS AGAINST THE HORIZONTAL DIRECTIVE S.8 facts regarding Freedom of Religion which arose in 2014: in-europe-to-osce.html). - A HUMAN RIGHT TO NON-DISCRIMINATION? S.9 - WHO IS MORE EQUAL? S.10 In June, the European Court of Human Rights in A study published in November 2014 said that while - WHAT IS TO COME NEXT? S.10 Strasbourg underlined the importance of the institutional 30% of the population agree, 67% disagree with the de- - CONCLUSION: LOOKING FOR EQUALITY S.11 dimension of freedom of religion. This judgment is christianisation of religious and cultural traditions, 47% a step towards reasonable accomodation of faith in of Germans think that Germany is not self-confident contemporary society and will hopefully serve as a model enough with its Christian traditions (http://www. in similar debates and decisions in the future (http://www. intoleranceagainstchristians.eu/report-document/47-of- CHAPTER 2: S.12 intoleranceagainstchristians.eu/report-document/the- germans-say-germany-is-not-self-confident-enough- PROBLEMATIC CASES ON THE BASIS european-court-of-human-rights-reaffirms-autonomy-of- with-its-christian-traditions.html). OF INTOLERANT EQUALITY LAWS religious-organisations.html). While awareness regarding religious freedom is growing, - (a) Businesses S.12 In September, a Christian registrar who had been dismissed legal projects are under way to place restrictions on - (b) Faith-based Charities S.12 for indicating she would not be willing to perform same- religious freedom especially for Christians. A key concern - (c) Renting Private Property S.13 sex marriages, was finally reinstated after a successful is the so-called horizontal equal treatment directive which - (d) Private educational establishments S.13 appeal in which it was ruled that her employer had failed to is being pushed at the level of the European Union and - (e) Marriage Registrars S.14 take a “balanced view” of her religious beliefs (http://www. partly also nationally. In the following, we explain the scope intoleranceagainstchristians.eu/report-document/uk- and the associated problems of such legislation (chapter marriage-registrar-reinstated-to-accomodate-religious- 1). Afterwards we provide key examples (chapter 2), beliefs.html). before we conclude this report by portraying in short the CHAPTER 3: S.14 150 most striking cases of intolerance or discrimination CASES OF INTOLERANCE In November, the international Catholic charity and against Christians in Europe in 2014 (chapter 3). Pontifical Foundation Aid to the Church in Need (ACN) AGAINST CHRISTIANS IN 2014 published a report entitled Religious Freedom in the World Dr. Gudrun Kugler Report 2014, which was first presented on November 5th, Vienna, April 2015 2014. It expressed explicit worries about the deterioration of religious freedom in Germany, the Netherlands, France, the United Kingdom, Denmark, Norway, and Sweden (http://www.intoleranceagainstchristians.eu/report- document/acn-religious-freedom-report-2014-seven- european-countries-worrying.html). 4 5 CHAPTER 1: THE PROBLEM OF consequence would be private entrepreneurship for another provider of the service he is seeking. But this regulated by judges, implying costly lawsuits and a lack of hardship ought to be carried in the name of freedom, INTOLERANT EQUALITY LAWS legal certainty, impeding long term business planning. The including the freedom to take wrong or unpleasant proposed reversal of the burden of proof contradicts our decisions. This complies with Voltaire’s notion of tolerance: By Gudrun Kugler legal system and brings forth further difficulties. Instead of Being of an entirely different opinion but at the same time the “benefit of the doubt” the equal treatment legislation defending the other one’s right to their view “until one’s Equality has become a major principle of political and The object of discussion is the prohibition of unequal allows for the “benefit of the victim of discrimination” only. last breath”. With this idea we are all invited to learn to live legal thinking. Equality before the law which was achieved treatment on the grounds of religion or belief, age, or Times are hard for small businesses as it is, why impose with imperfect behaviour of other people. over centuries of liberation movements has turned into sexual orientation, concerning the provision of goods and additional sorrows and constraints? For the government equality of moral choices, equality in statistics of how services by the private sector. Depending on the legal itself, controlling the compliance with these regulations Is it really the government’s job to enforce an alleged men and women live, and equality of how individuals treat details of the directive: Would a Christian printer still be able imposes a significant additional effort. All of this in the end advancement of society through educational laws and each other. These understandings deviate quite far from to decline printing a disrespectful images? Would a Jewish paid for by society at large. police force? How much does the governmental legislature the original meaning of equality before the law, which we hotel owner have to rent out his assembly conference believe its citizens to be in need of education? Socially rightly hold on to. Yet, this development remains largely rooms to a militant Muslim society? Would a homosexual A Christian religious high official was recently looking for a and morally motivated legislation leads to dishonesty and unchallenged. It currently mounts in the adoption of landlord still be able to sublet his house to homosexuals secretary. His legal advisor wisely asked the commission for lawlessness. The era of prohibition in the United States, intolerant anti-discrimination legislation being debated at only? Would a private rail traffic company still be allowed to equal treatment before publishing the job advertisement: which made the mafia powerful, is a good example. the EU - level especially in the context of the so called give exclusive discounts to the elderly? Would a Catholic would they be able to reject a headscarf-wearing Muslim horizontal equal treatment directive, and at many European matchmaking agency which is specialised in bringing woman? The answer was no. On the basis of the first The proposal for the horizontal equal treatment directive of national levels. A number of human rights are at stake and together people who share the same faith, have to open four equal treatment directives,1 European law allows a the European
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