Religion and Belief
Recent Developments in Equality and Diveristy Legislation
- The Employment Equality (Religion or Belief) Regulations 2003 provided a certain level of protection for people on the grounds of religion and belief, but do not cover issues of incitement and protection against discrimination in the area of goods, facilities and services.
- The Equality Bill (2006) prohibits discrimination on grounds of religion or belief in the provision of goods, facilities and services and prohibits religious discrimination in the exercise of public functions. In the HEI context, this means that provisions offered in the area of accommodation and dietary requirements, for example, may be subject to this legislation, in addition to all other procurement issues. More comprehensive guidance in this area will be provided by the ECU shortly.
- The Racial and Religious Hatred Bill (2005-06), by expanding on the existing criminal offences of incitement to racial hatred contained in the Public Order Act 1986, will protect people against harm because of their religious beliefs (or lack of religious beliefs).
The House of Lords proposed amendments to safeguard freedom of speech and the bill went for its Royal Assent in the amended form, so that someone charged with an offence would have to be shown to have used "threatening" language, rather than "threatening, insulting and abusive" language, which is the test in race cases. It will also mean that the prosecution will have to show "intention" to foment such hatred by the accused – which should usually be sufficient to mean that academic staff teaching topics which include unpopular opinions should not be charged with any breach of the legislation.
The Racial and Religious Hatred Bill received Royal Assent on 22 March 2006. It amends the Public Order Act 1986, to create offences involving stirring up hatred against people on religious grounds. The legislation ensures that protection is provided to people against harm because of their religious beliefs or lack of religious beliefs.
- Universities UK have revised and updated the 1998 CVCP guidelines published originally as Extremism and Intolerance on campus. The new edition is Promoting good relations on campus: dealing with hate crimes and intolerance (UUK 2005). This document reminds readers that academic freedom is founded on tolerance and respect for diversity, it also provides practical guidance for HEIs following legislative changes.
It is important for institutions to act in pre-emptive manner with regards the changes in the law and make the necessary preparations prior to the changes to the current legislation so that they are ready for its implementation.
Institutions will have to ensure that:
- their policies are compliant with the legislation.
- the legal requirements are communicated to staff and students so that all understand what is required of them.
- staff and students understand what action will be taken in the event of breaches of the law within the institution.
