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Religious privilege in equality law must end, NSS tells EHRC

Religious privilege in equality law must end, NSS tells EHRC


The National Secular Society has called for an end to religious privilege in equality law in response to a consultation from the Equality and Human Rights Commission (EHRC).

The EHRC consultation called for feedback on its Strategic Plan, which will guide its activities from 2025 to 2028.

Its three proposed areas of focus are work, participation and good relations, and justice and the balance of rights.

The EHRC is an independent statutory body responsible for encouraging equality and diversity, eliminating unlawful discrimination, and protecting and promote human rights in Britain.

Work: Employment discrimination in faith schools

The NSS called for the repeal of exemptions to the Equality Act 2010 which enable employment discrimination in state funded faith schools.

Some, if not all, staff can be hired, promoted and remunerated on the basis of religion.

In some schools, staff can be disciplined or dismissed for conduct “incompatible with the precepts” of the school’s religion.

The NSS also warned about abuse of ‘genuine occupational requirements’ (GORs) which allow employers to require employees to belong to a particular religion or belief in certain circumstances.

GORs are supposed to apply to a “very narrow range of employment”, such as Christian priesthoods, but the NSS said they are being “exploited to build religiously homogenous workforces” within some religious organisations.

NSS research has found jobs with no obvious religious component, such as safeguarding officer, being advertised by religious groups requiring the applicant to adhere to their beliefs.

As many religions hold that homosexuality is incompatible with their teachings, these arrangements also stand to disadvantage LGBT people.

Participation: threats to free expression

The NSS said codifying religion-‘phobia’ definitions threatens to “chill free expression” and “inflame social tensions”.

It noted how a flawed definition of Islamophobia could silence the voices of other groups protected under the Equality Act including women, LGBT people and religious minorities.

Some manifestations of Islam advocate the subordination of women, violence against gay people, and the persecution of Ahmadi Muslims, who believe Muhammad was not the final prophet.

‘Hierarchy of rights’ in charity sector

The NSS said the failure of regulators to act against religious charities espousing misogyny and homophobia was creating a “hierarchy of rights”.

The Scottish charity regulator has repeatedly claimed it cannot take action against such charities registered under ‘the advancement of religion’ because their beliefs are ‘protected’.

The NSS said religious groups are entitled to their views, but they “should not serve as a basis for the generous tax breaks that charities enjoy”.

Faith based admissions and collective worship

The NSS said the EHRC should “urgently” address religious discrimination in education, which was not included as an area of focus.

Exemptions to the Equality Act enable faith based admissions and daily acts of collective worship in state funded schools in England and Wales.

The UN Committee on the Rights of the Child has recommended both practices be ended.

The NSS pointed to a growing body of evidence that faith schools underserve children with special educational needs, children in care, and children from socio-economically disadvantaged backgrounds.

NSS: ‘Everyone should be equal before the law, regardless of religion or belief’

National Secular Society human rights lead Alejandro Sanchez said: “Religious privilege pervades every aspect of equality and human rights law in our society.

“Preferential treatment on the basis of religion is wrong in principle and increasingly untenable in an evermore nonreligious UK.

“We think everyone should be equal before the law, regardless of religion or belief. We hope the EHRC agrees.”



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