Review of equality and human rights law relating to religion or belief
NEW PUBLICATION
Peter Edge and Lucy Vickers, Review of equality and human rights law relating to religion or belief (EHRC Research Report no. 97, 2015)
This EHRC report draws on a detailed analysis of primary and secondary sources of British law, wider research and policy literature, and four workshops of experts to explore the legal framework on religion or belief. It covers definitional issues, the legal protection for religion or belief, the balancing of rights, a duty of reasonable accommodation and the public sector equality duty. Key findings included that:
· The current domestic law in this area is comparatively recent and addresses complex issues in a context where there is considerable difference of opinion as to how the law should be framed and applied. Given this, the law is generally clear and consistent.
· The review indicates the definition of belief, particularly in equality legislation, merits further assessment. The broad definition currently being applied by the courts is unclear, which results in apparent inconsistencies between judgments, particularly at Employment Tribunal level.
· The impact on domestic law of some specific issues which have been tested at European level remains unclear.
· The primary focus of the case law to date has been on the relationship of the religious employee and their employer. However, the position of the religious employer and the religious service provider remains relatively unexplored.
· The role of the public sector equality duty in integrating religion or belief equality into the day to day practice of public sector organisations remains largely untested.
· The extent to which a duty to accommodate religion or belief (as practised in Canada or the USA) might be beneficial to employees and employers remains uncertain and different views are held about its perceived advantages and disadvantages.
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Namo Amida Bu
Acharya Modgala Louise Duguid
