Answer 1 - Religion And Belief Discrimination Law Flashcards
Introductory points
We will look at the history of anti discrimination law and how it came about - how the court determines a religion and how it decides its cases - how case law has developed the view of the EAT
What legislation initiated the change in the Uk in relation to discrimination on religious belief?
Framework Employment Directive 2000
What did the framework employment directive 2000 develop?
It required member states to legislate against discrimination on grounds of religion or belief in the employment field, thus the employment equality regulations 2003 were passed
What was the initial definition of religion and was it criticised?
There was no initial definition of religion or belief but it said belief was similar to religion which was highly criticised
Whats the new definition on religion or belief in eqa 2006?
A reference to religion means any religion and also includes the lack of a religion and a reference to belief means any religious or philosophical belief and also includes lack of belief
What is the approach to what constitutes a religion?
Convention jurisprudence has taken an inclusive approach to what constitutes a religion
What happened in the case of X and church of scientology v Sweden?
The court recognised the church of scientology almost without question, confirming the inclusive approach
What does the ECHR code of practice say about a religion?
It must have “a clear structure and belief system”
What impact does the ECHR code of practice have on the courts approach?
It seems like an unwarranted limitation on the concept of a religion and conflicts with the current willingness of tribunals to judge whether someones has a religions belief in a subjective way
What case shows the current willingness of tribunals to judge whether someone had a religious belief in a subjective way?
Eweida v British Airways
What happened in Eweida v British Airways?
It was held that it was not necessary for the claimant to show that anyone else held the same view of what her religion required
What happened in campbell v cosans?
The european court held that beliefs to be protected under the ECHR should have a certain level of cogency, seriousness, cohesion + importance, be worthy of respect in a democratic society and not incompatible with human dignity
What happened in McClintock v DCA?
A magistrate in the family panel considered that children should not be placed in the care of sam sex couples - the EAT held that this was an opinion not a belief so was not covered under the 2003 regulations
What happened in grainger plc v nicholson?
The issue was whether a belief in climate change which informed many aspects of the claimants lifestyle was protected under the legislation. Holding that it was and drawing on the mclintock and campbell case, the EAT came up with five conditions for a belief to be protected
What are the five conditions from grainger plc v nicholson?
That a belief must be genuinely held
It must be a belief and not as in mcclintock v DCA, an opinion
That it must relate to a weighty and substantial aspect of human life and behaviour
That it must attain a certain level of cogency, seriousness, cohesion and importance and;
That it must be worth of respect in a democratic society, must not be incompatible with human dignity and must not conflict with the fundamental rights of others
