Jackie Driver Equality and Human Rights Commission

Political forces that exaggerate the nature and extend conflicts Should human rights principles be the non negotiable floor on which to start? Discriminatory belief should have a wider latitude that discriminatory conduct

‘A balance needs to be struck between the need to treat people equally, the need to treat people differently, and the need to maintain shared values and social cohesion’ A fairer distribution of political, social and economic power between different social groups

Terminology Multiple discrimination and intersectional discrimination Conflict of rights and conflict of grounds Exaggeration of conflict

Legislation and policy HRA and domestic discrimination law SEA -no likely purpose clause but EHRC do have an integrated mandate

Conflict of grounds Different types of conflict – Vancouver Rape Relief Society v Nixon, Southall Black Sisters White supremacy in some Christian organisations Conflict within a ground Glen Hoddle case

Race, religion and culture Overlap of race, religion and culture Freedom of religious belief -Article 9 and religious tolerance Non- discrimination on the grounds of religion or belief - Article 14 and Employment equality Directive

Religion or belief and Sex Equality Misogynist and sexist traditional cultures Racist stereotypes of minority cultures Social roles will also cause harm to men UK context – wide reporting on ‘honour’ killing, FGM and forced marriages Areas where there is women s consent to practices that cause harm or discrimination Sex and Age – young girls experience

Cultural values and patriarchy Racist stereotyping Parallel universe Wrong focus leads to wrong outcomes Dual approach

Principles to apply Human rights principles Equality and non discrimination principles Autonomy principles

Your rights or your culture? High profile cases -Dress codes and religious symbols Intersectional discrimination or an issue of conflict about religious symbols?

Sexual orientation and religion or belief Trinity Western v British Columbia principles: The freedom to hold beliefs is broader than the freedom to act on them A hierarchical analysis should be avoided in favour of one that seeks to balance Public-private distinction Ladelle case

Its impossible to eliminate conflicts in equality law It is possible to design legal principles and social policy in ways that can prevent some conflicts from arising Where conflicts do arise, it is possible to manage or resolve through principles of human rights law as well as equality principles

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