Push government on caste discrimination, NSS tells UN rapporteur

Posted: Fri, 29 May 2020 10:23

The National Secular Society has urged the UN special rapporteur on minority issues to push the UK government to outlaw discrimination on the grounds of 'caste'.

The NSS also urged the rapporteur, Fernand de Varennes (pictured), to ensure non-religious victims of persecution worldwide are afforded equal protection to those from religious communities.

The rapporteur has called for evidence as he prepares a report to the upcoming 75^th session of the UN general assembly, on the significance and scope of minorities' rights in the UN system.

Caste discrimination

Ministers have repeatedly refused to amend the 2010 Equality Act to outlaw discrimination on the grounds of caste, preferring instead to rely on the potential evolution of case law.

The NSS's submission urged the rapporteur to "strongly encourage" the government to amend the act. The UN has previously given a formal recommendation that the government do this to comply with its treaty obligations.

The NSS said attempts to deal with the problem through an evolution in case law were unlikely to be effective, particularly as victims are unlikely to be able to launch legal challenges.

Protection of non-religious

The NSS also called on the rapporteur to ensure non-religious people who face human rights abuses around the world are given equal protection to religious minorities.

The society said human rights violations experienced by the non-religious are often sidelined or ignored, because:

• Non-religious people are often from strict religious backgrounds and so face pressure to hide their lack of religious belief.
• Non-religious people tend to be less likely to form large communities based around their religious identities than religious groups.
• Non-religious people often do not regard their personal views as a significant part of their personal identity in the way some religious groups do.

The NSS also said the term 'religious minority' should be replaced with a term which is more inclusive of non-religious victims of persecution, such as "religion or belief minority".

NSS comment

NSS head of policy and research Megan Manson said: "Caste discrimination is a serious violation of human rights, but the UK government's deeply inadequate approach to the issue fails to honour its international treaty obligations. We hope the UN special rapporteur will bring pressure to bear on ministers to change this.

"The rapporteur should also take the opportunity to tackle the persecution of non-religious people. That requires an acknowledgement of the limitations of a communal approach to dealing with persecution and a reaffirmation of the universal right to freedom of religion or belief."

Caste discrimination in the UK

• Research published on the gov.uk website has estimated that at least 50,000 (and perhaps in excess of 200,000) people who live in the UK are at risk of caste discrimination.
• In 2018 the Equality and Human Rights Commission criticised the government's position on caste discrimination.

Global persecution of the non-religious

• The 2019 edition of the Freedom of Thought Report, published by Humanists International, found that people could effectively be put to death for expressing atheism in 13 countries.

Image via Twitter.

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Report: equality law failing to protect people from faith-based discrimination

Posted: Wed, 30 Sep 2020 05:50

Equality law is failing to protect the non-religious and members of religious minorities from discrimination, a National Secular Society report has warned.

The report, which marks the 10th anniversary of Equality Act, says religious exceptions within the act mean discrimination against the non-religious and members of religious minorities remains lawful across key areas of public life.

Faith-shaped holes: how religiously privilege undermines equality law calls for the closure of the legal loopholes that allow faith-based discrimination to continue.

The report says "glaring gaps" in equality legislation are "leading to undesirable and unnecessary religious discrimination, fuelling societal segregation, and reducing opportunities for people because of who they are or what they believe".

It says reform is needed in relation to education, caste-based discrimination, and employment. It adds that those "already struggling on the margins of society" are most likely to be negatively impacted by religious exemptions and omissions in the Act.

Education

On education, it says "exceptions to accommodate faith schools, faith-based admissions and religious practice in schools" are leading to a level of religious discrimination that "would not be tolerated in any other area of society".

In one of many testimonies highlighted in the report, one parent writes: "My daughter has no school to go to in her borough due to draconian and discriminatory criteria used by faith schools."

It recommends that the government removes exceptions that enable state-funded schools to discriminate against individuals on the basis of religion or belief. This would include the removal of the requirement for all state schools to hold acts of collective worship.

It would also mean the end of discrimination in faith school admissions and recruitment, and the discrimination caused by curricula that favour particular religions.

Caste-based discrimination

The report notes that caste-based discrimination and harassment have "become a feature of British life".

It notes evidence suggesting "tens of thousands, perhaps even hundreds of thousands" of people are affected, and calls on ministers to add 'caste' as a protected characteristic under the act.

Employment

The report says an exception in the act which allows employers to discriminate on the basis of religion or belief when there is a 'genuine occupational requirement' is "being overused".

It recommends that the government strengthens protections against discrimination in recruitment for religious organisations.

Comments

In a foreword to the report, former equalities minister and Liberal Democrat peer Lynne Featherstone writes: "The Equality Act has contributed to the UK becoming a more tolerant nation and has been vital in tackling discrimination against minorities and safeguarding individuals' rights.

"This ten-year anniversary provides a timely opportunity to assess the impact of the act. As this excellent, informed, and forensic report by the National Secular Society demonstrates it is certainly not a case of 'job done'.

"The continued existence of exemptions for religious privilege is completely at odds with ambitions to create a fair society."

National Secular Society head of policy and research Megan Manson said: "The Equality Act was a landmark piece of legislation which has helped to make the UK fairer and more tolerant.

"But a decade after it came into force, it should be reviewed to ensure it guarantees protection for all. As the UK becomes increasingly irreligious and religiously pluralistic, our equality laws need to be robust in order to promote social cohesion and equal opportunities.

"That means closing loopholes which allow faith-based discrimination in our schools and workplaces."

The report is available to read, along with its key findings and recommendations, on the NSS website.

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Take action! Call on your MP to outlaw caste discrimination

Posted: Thu, 28 Mar 2013 06:20

The National Secular Society is calling on supporters to urge their MP to back legislation aimed at protecting victims of caste-based discrimination in the UK.

Despite Government opposition, the House of Lords overwhelmingly voted on 4 March (by a majority of 103) to make caste a protected characteristic under equality law (via a new clause in the Enterprise and Regulatory Reform Bill). After the Easter recess MPs will vote on whether to retain the new clause.

The Government accepts that caste discrimination exists, but refuses to outlaw it as other discrimination is outlawed, instead favouring an 'education programme' and an informal conciliation service which it claims is a more appropriate and targeted way of dealing with incidents related to caste discrimination. The National Secular Society has warned that a failure to legislate burdens the oppressed with continually challenging caste discrimination wherever and whenever it occurs –a situation particularly unsatisfactory where the oppressors are more powerful than the oppressed, and often their employers.

A report (pdf) into the prevalence of caste discrimination in the UK, commissioned by the Government Equalities Office and undertaken by the National Institute for Economic and Social Research (NIESR) in 2010, found significant evidence of caste discrimination, harassment and bullying in employment, education and the provision of services, including care.

The report estimates there are at least 50,000 (and perhaps in excess of 200,000) people living in Great Britain who are classified as "low caste".

In opposing legislation, the Government is ignoring a recent UN Human Rights Council recommendation (pdf) that called for the immediate adoption of legislation to outlaw caste discrimination. A legal opinion (pdf) obtained by the National Secular Society (and shared with the Government) concluded that the UK is "obliged in international human rights law to legislate for caste discrimination and further obliged to provide victims of such discrimination with an effective remedy."

Employment, equality, diversity and discrimination law specialist Michael Rubenstein, in this analysis on the long-running case of Begraj v Heer Manak Solicitors, which raised issues of alleged caste discrimination, called the opinion "convincing" and said: "there seems no convincing justification for the Government not to agree to bring the prohibition on caste discrimination into force."

The Minister for Faith and Communities, Baroness Warsi, has publicly accepted the seriousness of the problem of caste discrimination. Whilst in opposition, Baroness Warsi accused the then Labour Government of putting the issue off "for another day" when it accepted an enabling amendment the Equality Bill to facilitate future legislation, rather than outlaw caste discrimination at the time.

Stephen Evans, campaigns manager at the National Secular Society said: "The case for outlawing caste-based discrimination appears clear. The Government's reluctance to now do so is therefore both perplexing and concerning. We sincerely hope their reluctance to provide important legal protection to vulnerable British citizens from the South Asian communities isn't being unduly influenced by Hindu organisations with vested interests.

"It's now time for the Government to honour our international obligations and outlaw caste discrimination, offering hope to the tens of thousands of British Asians whose lives are blighted by such prejudice."

A briefing paper on caste discrimination can be found here.

Using the arguments set out above and in the briefing paper, please write to your MP urging them to ensure that proper legal protection is provided for victims of caste discrimination in Great Britain by urging the Government to reconsider its position on the new clause in the Enterprise and Regulatory Reform Bill.

We believe this is vital to upholding the essential British values of equality and justice for all citizens.

You can contact your MP via the WriteToThem website