Equality and Human Rights Commission Jackie Driver Head

Equality and Human Rights Commission Jackie Driver, Head of Policy- Planning and Environment Should religion or belief based organisations have exemptions from equality laws?

The right to flourish – a modern definition of equality The Equality and Human Rights Commission champions equality and human rights for all, working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society.

Legislation Under section 3 of the Equality Act 2006 the EHRC is tasked with: "encouraging • • • and supporting the development of a society in which(a) people's ability to achieve their potential is not limited by prejudice or discrimination (b) there is respect for and protection of each individual's human rights (c) there is respect for the dignity and worth of each individual (d) each individual has an equal opportunity to participate in society, and (e) there is mutual respect between groups based on understanding and valuing of diversity and on shared respect for equality and human rights

Current human rights and equality law approaches to conflicting rights Interpreting the right to manifest belief Balancing Competing interests Exemptions

The context A place for religiously defined services The power of the established Church Perpetuating unhelpful stereotypes and discriminatory practice

Courts decisions Sarika Singh -v- Abedare High School Narrow definitions of exemptions Indirect discrimination and harassment

Framing the tasks Inflexible positions Principled approach Pragmatic approach

Models for balancing rights Principled Pragmatic Maintain the inherent dignity and worth of each individual Are there equally valid competing rights? Foster a climate of mutual understanding and respect Is there actual conflict? No right is absolute Are there core or peripheral activities involved? Delineate the proper scope of the right Does the evidence prove discrimination?

Principled Pragmati c Contextual analysis is always required What is the extent of infringement on each right? Exception sections are construed narrowly; Rights are construed broadly Are exception sections applicable Freedom of belief is wider than the freedom to act on those beliefs Is there a duty to accommodate? There is no hierarchy of rights It is a public or private entity?

Equality and Human Rights Commission Helpline contact numbers 0845 604 6610 - England main number 0845 604 6620 - England textphone 0845 604 6630 - England fax Wales 0845 604 8810 - Wales main number 0845 604 8820 - Wales textphone 0845 604 8830 - Wales fax Scotland 0845 604 5510 - Scotland Main 0845 604 5520 - Scotland textphone 0845 604 5530 - Scotland – Fax Enquiries: http: //www. equalityhumanrights. com/en/Pages/enquiry

‘Building a society built on fairness and respect where people are confident in all aspects of their diversity. ’