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 Exemptions Interpreting the right to manifest belief Balancing Competing interests

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

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

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

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