There are a number of ways in which we wish to see the UK’s current human rights and equality settlement strengthened:
- There are a number of exemptions in the Equality Act 2010 that means parts of it do not apply to religion or belief groups. We want to see many of these exemptions removed as they enable religious groups to discriminate including in the provision of public services.
- The Human Rights Act 1998 (HRA) applies to ‘public authorities’, but if a public service is contracted out to a religious group then the Act does not apply directly to that group. We want to see that changed.
- The UK is a signatory to the UN Convention on the Rights of the Child (UNCRC), but the Convention is not directly applicable to UK law, in the same way the European Convention on Human Rights (ECHR) is through the Human Rights Act. We think that children’s rights are not strong enough in domestic legislation so wish to see that changed.
- Unlike the rest of the UK, Northern Ireland does not have a single equality act, and has significantly more holes in its equality legislation as a result. We support campaigns for such an Act. We also support proposals for a Northern Ireland ‘Bill of Rights’ to supplement the UK Human Rights Act 1998, taking into account the particular rights-based issues faced in Northern Ireland.
We are also currently concerned that proposals for a ‘British Bill of Rights’ to replace the Human Rights Act 1998 might lead to a weakening of our human rights settlement, and so are working to ensure that this does not happen.
Defending our human rights
As part of their manifesto at the 2015 general election, the Conservative Party promised to repeal the Human Rights Act 1998 and replace it with a ‘British Bill of Rights’. The UK Government has yet to publish its proposals as to what these changes will look like, but there has been widespread concern that the intention is to weaken the UK’s human rights settlement. We are part of the British Institute of Human Rights’ Human Rights Alliance, which has been active in seeking to ensure that that does not happen.
Ending Equality Act exemptions
During the Equality Act 2010’s passage through Parliament, we worked closely with a range of organisations as well as our supporters in Parliament to have amendments made to the Equality Bill which sought to increase protection against discrimination for humanists and others, and to minimise the exceptions from the law granted to religious organisations.
Unfortunately, however, the Equality Act contains a number of exceptions to allow religious organisations and individuals to discriminate against others in employment, in the provision of services and in other ways that we consider are unjust and unnecessary. We therefore campaign for many of these exemptions to be ended as part of our campaign for public service reform.
Human Rights Act and the meaning of ‘public authority’
The HRA is essentially a contract between the individual and the State, protecting the individual from abuses by the State, and enshrining certain ‘positive’ individual rights. In the context of public services, the HRA is of great importance for the protection of the rights of service users. However, only a narrow range of service providers are deemed by British courts to be public authorities, and it is only those with public authority status who are bound by the HRA.
In practice, this means that ‘pure’ public authorities, such as government departments, the police, NHS Trusts, local authorities and so on are covered by the HRA – and so service users have recourse to legal action should their human rights be breached by their service provider. However, a feature of contemporary Britain is the increasing marketisation of public services, with many and varied services, from housing to after-school clubs, from social care services to welfare and employment services, being contracted out to private and third sector providers. This means that increasing numbers of service users are left at a lottery as to whether they are covered by the HRA or not.
A particular feature of the Government’s policy of contracting out public services is the inclusion of religious, often highly evangelical, organisations as service providers. We think there are real risks that religious service providers in particular may wish to infringe on the rights of service users.
Amendments to the law are needed to ensure that all those organisations contracted to provide public services on behalf of the state are considered to be ‘public authorities’ in the context of the Human Rights Act 1998.
You can read more about our campaign for public service reform. In addition, our 2007 report Quality and Equality: Human Rights, Public Services and Religious Organisations, discusses and sets out in detail our position on the contracting out of public services to religious organisations, and our recommendations for where the law should be amended to mitigate the problems we have identified.
Strengthening children’s rights
While the Human Rights Act 1998 directly incorporates the European Convention on Human Rights (EHRC) into UK domestic law, and the EHRC in practice covers the same rights as the Universal Declaration of Human Rights (UDHR), there is no similar incorporation of other international human rights treaties into UK law. Of all the other treaties, the UN Convention on the Rights of the Child (UNCRC) is widely regarded as the one that would do the most good in strengthening domestic human rights by direct incorporation. It has been specifically recommended by the UK Parliament’s Joint Committee on Human Rights, the Children’s Commissioners for England, Scotland, Wales and Northern Ireland, and the UN Committee on the Rights of the Child, as well as being a step that has already been taken by many other countries already.
Children’s rights are particularly relevant to the work of the BHA as there is often a clash between religious discrimination against children by the state and children’s rights, for example through state-funded religious schools; or the fact that children do not have their own say over opting out from certain school areas (namely religious education, sex education and collective worship) until after they are sufficiently mature and intelligent enough to make their own fully informed decision on the matter (the rights rest with their parents).
Recent years has seen great progress on this issue. In 2014 both the Welsh and Scottish Governments passed new laws requiring ministers to have regard to the UNCRC when exercising their functions, while a new UK law requires the Children’s Commissioner for England to have regard to and monitor the implementation of the UNCRC. But none of these moves go far enough, as they do not ensure that the rights contained within the UNCRC are directly enforceable.
What we’re doing
Human rights and equalities
We are the only religion or belief organisation that is a full member of the Equality and Diversity Forum, the national coalition of groups interested in equalities. We are also part of the British Institute of Human Rights’ Human Rights Alliance, which has been active in seeking to ensure that the UK Government’s proposals for a ‘British Bill of Rights’ do not weaken our human rights settlement.
We worked with the Equality and Human Rights Commission on the statutory and non-statutory guidance that accompanies the Equality Act. This guidance aims to give guidance on the law itself, and be used as a guide for people to understand their rights in various circumstances, such as in employment or education.
Over the course of 2014-16 we have been working with the EHRC on its new guidance on religion and belief. We took part in the Commission’s call for evidence around religion, belief and discrimination. Its findings included many complaining about ‘unwelcome “preaching” or proselytising, and the expression of views that were hurtful or derogatory towards other faiths and/or towards lesbian, gay, bisexual and transgender (LGBT) people’ – including in public service provision. We are continuing to work with the Commission on the subsequent guidance.
We supported an amendment in the Health and Social Care Act in 2008, which aimed to close the gap in human rights protection in the area of health and social care by ensuring that contracted providers are bound by the Human Rights Act 1998. We also supported further efforts by MPs and peers to amend the Act by way of private members’ bill. And we are continuing to campaign for changes to the law to ensure that all contracted providers of public services are bound by the Human Rights Act 1998. And we are continuing to campaign for public service reform more generally.
The BHA is a member of the Children’s Rights Alliance for England (CRAE) and its Rights of the Child UK (ROCK), both coalitions of charities and children’s rights activists that call on the Government to make the UN Convention on the Rights of the Child (UNCRC) part of UK law. Working within these coalitions, we hope to be able to promote the importance and legitimacy of the human rights of all young people in the UK, whatever their circumstances. We have also regularly fed in to CRAE’s annual State of Children’s Rights in England reports.
In 2013 we took part in pre-legislative scrutiny of the Children and Families Act 2014, which requires the Children’s Commissioner for England to have regard to and monitor the implementation of the UNCRC. We are part of the Commissioner’s Education Roundtable, and in 2014 we responded to its consultation on a rights-based approach to education. We made similar points in the UK Education Select Committee’s 2016 consultation on the purpose of education.
In 2015 we were part of the working group that produced the education section of the English civil society response to the UN Committee on the Rights of the Child’s periodic review of the UK’s implementation of the UNCRC. The resulting report made a number of recommendations around sex and relationships education, religious education, and school admissions, that if implemented would significantly advance BHA policy in these areas.
Tell the BHA if your local authority contracts with religious organisations to provide public services in your area.
You can support the BHA by becoming a member. That helps in itself, and you can help even more by supporting our campaigns in the ways suggested above. But campaigns also cost money – quite a lot of money – and we also need financial support. You can make a donation to the BHA.