Newsline 17 March 2017

Newsline 17 March 2017

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News & Opinion

European Court of Justice: Employers can require staff to wear religiously neutral clothing

News | Tue, 14th Mar 2017

The European Court of Justice (ECJ) has advised that employers can ask their staff to "dress neutrally" provided rules are consistent and apply to all religious symbols equally.

The ruling came after a long-running case concerning a Muslim woman in Belgium who was dismissed by G4S "because of her continuing insistence on wearing the Islamic headscarf at work" despite a G4S rule that employees are "prohibited, in the workplace, from wearing any visible signs of their political, philosophical or religious beliefs".

The Belgian Court of Cassation sought clarification from the ECJ over the EU directive on equal treatment in employment and whether the rule amounted to direct discrimination.

Because G4S' internal rule treats all visible religious or political expressions in the same way, rather than singling out the hijab or any other particular religious symbol, the ECJ advised that it is not discriminatory and does not result in a "difference of treatment" for Muslim employees who choose to wear the hijab.

"The ban on the visible wearing of signs of political, philosophical or religious beliefs is appropriate for the purpose of ensuring that a policy of neutrality is properly applied, provided that that policy is genuinely pursued in a consistent and systematic manner," the ECJ said.

However the Court has left it open to the Belgian court to conclude that such a rule might amount to indirect discrimination on the grounds of religion or belief if it could be established that a neutrality rule put "persons adhering to a particular religion or belief being put at a particular disadvantage."

But as long as the rule was underpinned by a "legitimate aim" achieved through "appropriate and necessary" means the Court advised that it would not amount indirect discrimination.

While a company rule requiring neutrality is legitimate, the Court decided that it "cannot be considered a genuine and determining occupational requirement" for a company to instruct an employee not to wear a headscarf just because a customer demands it. Amnesty International welcomed the rulings' clarification that "employers are not at liberty to pander to the prejudices of their clients", but claimed that a neutrally applied policy opened a 'backdoor' to discrimination.

NSS campaigns director Stephen Evans commented on the ruling: "Religious and political neutrality can be a perfectly reasonable aim.

"This ruling demonstrates that this approach is consistent with equality and human rights law and that businesses and organisations who wish to present themselves in a neutral way are able to do so, provided their actions are fair and reasonable. The test of reasonableness and proportionality will be for national courts to decide.

"But where a ban on employees wearing religious or political symbols is founded on a general company rule of religious neutrality, and where that rule is applied equally to all, it can't realistically be argued that this constitutes 'direct discrimination' and this ruling simply reflects that."

When asked about the court's view at Prime Minister's Questions, Theresa May told the House of Commons that "There will be times where it's right for a veil to be asked to be removed such as border security or perhaps in courts" but that it is "the right of all women to choose how they dress and we don't intend to legislate on this issue."

Responding to concerns raised in an urgent question in the House of Commons, Caroline Dinenage, the Parliamentary Under-Secretary of State for Women and Equalities, said: "The judgments confirm the existing long-standing position of EU and domestic law that an employer's dress code, where it applies to and is applied in the same way to all employees, may be justifiable if the employer can show legitimate and proportionate grounds for it."

MP calls for Scotland to embrace a secular education system

News | Mon, 13th Mar 2017

Tommy Sheppard MP has called for Scotland to move towards a secular education system and expressed his hope that secularist campaigners can "chip away" at religion's role in state schools.

The SNP parliamentarian was speaking to the Humanist Society Scotland for a fringe event at the SNP conference in 2016 but his comments have only recently been reported.

In his recorded comments he considered the "strategy to get [to a secular system]" and said progress had to be made "bit by bit".

He urged the audience, "Chip away at the power of organised religion has within our school system. Take those little victories and use them to move onto the next campaign were we actually advocate that the role of religion in schools is for people to learn about it about it but not for it to define the value system in the school."

In response to his speech the Bishops' Conference of Scotland said claimed that because religious belief is a protected characteristic under equality law, "it should not come under attack".

A spokesman said that it was a "blatant attack on religious freedom and chillingly intolerant."

Alistair McBay, vice president of the National Secular Society, said, "Genuine religious freedom should mean the right to not have religion imposed on you and your children through the education system.

"Yet local councils are still made to include totally unelected religious representatives. Schools are still made to hold religious observance, and pupils are still made to attend without the right to opt out.

"Tommy Sheppard has just called for a 'secular school system'. In many countries, such as the United States, that is totally normal. It is no infringement on religious freedom to say that religious schools should be funded by religious groups and not by the taxpayer."

The SNP distanced itself from Sheppard's speech, describing his remarks as "the personal views of Mr Sheppard."

The party said it was a "strong supporter of faith schools."

After the 2016 recording came to light and was reported Mr Sheppard said there were "excellent" faith schools in his constituency and that his comments were about "the composition of education authorities and whether it's right that unelected people should sit in those boards and make education policy in Scotland."

He added that while schools might have a religious ethos, "the content of the teaching [faith schools provide] should not … be conditioned by religious belief, particularly in sciences and humanities."

LibDems to debate ending religious discrimination in schools

News | Fri, 17th Mar 2017

The National Secular Society has welcomed news that the Liberal Democrats' spring conference will consider the party's policy on taxpayer-funded faith school in England.

Writing for LibDem Voice, Toby Keynes, Chair of the Humanist and Secularist Liberal Democrats said ending religious discrimination in school admissions should be "an uncontentious issue."

"Surely we are defined as a party by our rejection of discrimination, and by our determination to oppose entrenched privilege and inequality."

Various policy options will be considered and Keynes is urging party members to support an outright "end to religious discrimination in our state schools."

He wanted the party to pursue a policy where "no child can be turned away from their local state school" because they are of the wrong religion.

The option Keynes supports, one of three, would phase out religious selection over a six year period.

Stephen Evans, National Secular Society campaigns director, commented; "The sort of religious discrimination we see in faith schools' admissions policies is at odds with a society based around principles of fairness and equality – qualities you'd hope our education system would espouse.

"Rather than allow more school places to be subject to religious discrimination, as the current Government intends, we'd like to see all political parties advocating for fairer school admissions, free from discrimination on grounds of religion or belief."

Defending Progressivism conference announced

News | Fri, 17th Mar 2017

A conference around the theme of 'defending progressivism' is to be held in London on April 29.

The conference, organised by Conatus News and the Kurdish Culture Project, will cover many topics including secularism, freedom of expression, and LGTB rights

The National Secular Society is sponsoring the conference, at which attendees will hear from a number of the Society's representatives and honorary associates.

NSS President Terry Sanderson will speak on the challenges to the secularist movement today and the need to defend secular values.

The organisers have already confirmed the attendance of many guest speakers including Professor AC Grayling, Sara Khan, Peter Tatchell and Maryam Namazie.

The conference will also hear from NSS council member Chris Moos, who the NSS supported in 2013 during the LSE freshers' fair 'Jesus and Mo' controversy.

Conatus News, billed as "the voice of progressivism", was founded by Benjamin David. He said:

"'Defending Progressivism' is an unprecedented conference in London bringing together the greatest minds in decisive areas within the social-progressive movement.

"With a focus on secularism, LGBT rights, humanism, feminism, mental health, environmentalism (and other subjects), 'Defending Progressivism' aims to effectuate a new, unified progressive consciousness underpinned by a shared goal in human-rights, reason and compassion."

The Kurdish Culture Project, which is jointly organised the event with Conatus News, works to raise the profile of enlightenment ideas.

Tickets can be purchased here for £5.

Christian group warns of “hidden dangers” in challenging homophobia

News | Wed, 15th Mar 2017

A fundamentalist group which provides support to Accelerated Christian Education schools in the UK is hosting a discussion on the "dangers" of government efforts to tackle homophobic bullying.

The conference, hosted by Christian Education in Europe, is titled "Unmasking Secular Religion" and has scheduled discussions on topics from "The Serpent in Education" to homophobia and the Government's CHIPS strategy to tackle bullying.

While warning of 'indoctrination' by wider society, Christian Education in Europe say its idea of a "successful education will be one which produces young people with a Christian worldview."

Information published ahead of the conference describes the classroom as "a battleground for the hearts and minds of the nation's children" and asks "what does the Bible have to say about education?"

Christian author Brian Hadley will give a talk entitled "Society Indoctrinating The Innocent" in which he will ask, "What are they teaching the children?"

Christian Education in Europe promises attendees that in his talk "Brian reveals the hidden dangers of the government's scheme to challenge homophobia in primary schools".

A spokesperson for Christian Concern, on behalf of Christian Education in Europe, speaking to School's Week, questioned how the talk was homophobic and said that Hadley was just "asking questions".

They added that the talk would be based on Hadley's 'research' which suggested "some dangers of the CHIPS scheme."

Christian Education in Europe supplies curriculum resources to ACE schools. The schools came in for serious criticism from Ofsted after nine of their schools were inspected and downgraded.

National Secular Society campaigns officer Alastair Lichten said, "Despite opposition from some religious groups, many schools are working hard to tackle homophobic/transphobic bullying and to prepare their pupils for life in modern Britain – and that work should be celebrated rather than feared.

"Thankfully, religious education is generally – if slowly – moving away from outdated approaches that aimed principally to promote Christianity. From a child's rights perspective, this needs to be the direction of travel.

"That organisations like Christian Education Europe are retreating into conspiracy theories and victimhood fantasies shows how isolated such groups have become from mainstream Christians and wider society."

Police called following disturbance after bookshop accused of throwing away Qurans

News | Fri, 17th Mar 2017

Police in Bradford attended the site of a skip near a former bookshop after 'shocked' locals reportedly discovered books, including a Quran, had been thrown away.

Pictures posted by the Telegraph and Argus, who reported the story, clearly show stacks of other old books in the skip, along with the religious texts.

The local paper reported that it wasn't known who was "responsible for placing the items in the skip."

One resident said it was a "very shameful act".

According to the local report local residents removed the books from the skip.

West Yorkshire Police told the National Secular Society said they were called to commercial premises "following reports of males shouting and abusing staff.

"The caller said they were clearing out a stock room and had been accused of throwing away Islamic literature.

"Officers attended and spoke to the males who said they had suspicions Islamic literature was being put in a skip.

"Police were called to the premises again at around 6pm after reports of theft from the premises."

They said enquiries were continuing to establish the full circumstances of what happened.

NSS Speaks Out

On Sunday Dr Antony Lempert of the Secular Medical Forum spoke to BBC Radio 4 about new guidance for pharmacists. Listen to the interview from 5m 40s here.

The European Court of Justice's guidance on religious symbols in workplaces (and the overblown reaction from some media outlets) made for a busy couple of days. We spoke on this topic to LBC, BBC Radio Wales, BBC Newcastle, BBC Three Counties, Radio 5, Voice of Islam. We were quoted by the Guardian, Conatus News,the Economist, and the Hindustan Times on this subject.

Executive director Keith Porteous Wood appeared on Sky News,Deutsche Welle and Al Jazeera to discuss the ruling.

Campaigns director Stephen Evans also spoke to Voice of Islam on the role of secularism in fostering social cohesion.

Communications officer Benjamin Jones was quoted by Verdict.co.uk on the latest Pakistani crackdown against blasphemy on social media.