2014, Europe (general)

Recent Developments and Overall Trends in the Relationship between Religion, Law and State in Europe

Recent Developments and Overall Trends
in the Relationship between Religion, Law and State in Europe

Ronan McCrea

23 January 2014

Introduction

There are two main issues where European law affects religion: the relationship between religious freedom and antidiscrimination laws and the role of religious symbols in public life and what influence European norms are having in these areas. There is also an overall trend that I think is having a significant impact on approaches to those issues in Europe.

Anti-discrimination laws and exemptions

Religion has a particularly complicated relationship to non-discrimination as religious bodies and institutions make two very distinct and in some ways conflicting demands of the law in this area.

On the one hand, religious individuals claim legal protection from discrimination. That is why the law prohibits discrimination on grounds of religion in areas such as employment. For religious freedom to be properly protected, individuals should, for example, not be fired from their jobs because their employer disapproves of their religious choices.

On the other hand, religious institutions and individuals sometimes seek the right to discriminate, normally by refusing to employ someone in order to protect the ethos of a religiously-owned institution or by refusing to provide goods or services to a person, usually in order to avoid condoning or facilitating sinful conduct.

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2014

The Legal, Research and Policy Work of the Equality and Human Rights Commission on Religion or Belief

The Legal, Research and Policy Work of the Equality and Human Rights Commission on Religion or Belief

David Perfect

23 January 2014 (updated March 2015)

Introduction

This paper explores the legal, research and policy work on religion or belief that has been carried out by the Equality and Human Rights Commission (EHRC) since its establishment in 2007.

EHRC structure and responsibilities

The EHRC is a non-departmental public body which was established in October 2007. Its sponsor body is the Government Equalities Office. It has a statutory role for seven equality strands (age, disability, ethnicity/race, gender, religion or belief, sexual orientation and transgender) and two other protected characteristics (pregnancy and maternity; and marriage and civil partnership) and has been a National Human Rights Institution since 2011. The EHRC, which replaced three previous bodies, the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission, is a GB-wide body with offices in Glasgow and Cardiff. Its current Chair is Baroness Onora O’Neill and there are currently eleven other Commissioners; its core functions include legal, policy, research and communications work. A small number of policy, legal and research staff specialise on religion or belief issues.

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