The Right to Equal Treatment: Religious Discrimination
There is often an overlap between race and religion and so certain religious groups, such as Sikhs and Jews, have been held to be covered by the RRA. As explained above, the HRA can also be used to enforce the right to religious freedom. However certain groups such as Muslims have been excluded from the scope of the RRA, and the HRA can only be of limited effect.
With effect from December 2003, therefore, new regulations came into force which make specific provision outlawing discrimination on grounds of religion in the employment and further or higher education fields - the Employment Equality (Religion or Belief) Regulations 2003 (EERBR).
'Religion or belief' is broadly defined by the EERBR includes any religion or any religious or philosophical belief. This means that widely recognised religions such as Christianity, Islam, Hinduism Judaism, Sikhism and Rastafarianism are protected, as well as branches or sects within a religion (such as Catholics and Protestants), collective religions (such as Druidism or the Church of Scientology) and other beliefs which are very similar to a religion in their cogency, seriousness and importance, provided those beliefs are worthy of respect in a democratic society and are not incompatible with human dignity. Discrimination because of a lack of religion or belief is also prohibited.
The EERBR follow a similar structure to the RRA and include many of the same concepts. Under the EERBR it is unlawful to subject someone to direct or indirect discrimination, victimisation or harassment on grounds of their religion, religious belief, or similar philosophical belief. The types of discrimination which are prohibited in employment and education under the EERBR are virtually identical to those in the RRA. This means that the following sorts of discrimination would be outlawed under the EERBR:
- Religious-based name calling or abuse.
- Refusing to employ you or promote you because of stereotyped views about your religion.
- Refusing to allow a Muslim employee time off for religious reasons when a Christian employee would be allowed time off in the same circumstances.
- An employment agency refusing to register you because of your religion.
- A further or higher education establishment making lesser provision for certain religious groups.
There are equivalent provisions relating to vicarious liability, questionnaires and remedies as in the RRA.
In due course, the prohibition of discrimination on grounds of religion and belief will be extended to cover the provision of goods, facilities and services. This would make it unlawful, for example, for a shopkeeper or hotelier to refuse to serve someone because of their religion or belief.
Incitement to Religious Hatred
At present there is no criminal offence of incitement to religious hatred in England and Wales. However various such offences have passed by Parliament in the Racial and Religious Hatred Act 2006. This Act has not yet come into force and there is as yet no indication of when the Secretary of State will appoint a date for it to come into force.
This Act will insert into the Public Order Act 1986 new sections similar to the offence of incitement to racial hatred, and so making it an offence to use threatening words or behaviour, or display any written material which is threatening, or publish or distribute written material which is threatening, or to perform plays or show films, or possess inflammatory material, if the intention is thereby to stir up racial hatred. This Act was passed after considerable debate and controversy as many were concerned that it unduly restricted freedom of speech.
