Religion and Belief, Discrimination and Equality: A Decade of Change?

Towards a More Equitable Religion and Belief Landscape

at the European Network on Religion and Belief London Seminar

Senate House, University of LondonWednesday 16th October 2013

Professor Paul Weller

© Not for direct quotation or reproduction without permission of the presenter

Professor Paul Weller (Religious Studies, University of Derby – review of evidence base and project leadership)

Dr. Kingsley Purdam (Social Science, University of Manchester – lead on the survey)

Dr. Nazila Ghanea (Human Rights Law, University of Oxford – lead on the legal aspects)

Dr. Sariya Cheruvallil-Contractor (Sociology of Religion, University of Derby – lead on the project fieldwork)

Lisa Taylor-Clarke (Project Studentship, University of Derby)

Lesley Sawley (Project Administrator, University of Derby)

Multi-Disciplinary Project Team

The Project’s Three Years/Phases

Running Throughout:

- survey of legal cases over past decade- survey of all other evidence over past decade - doctoral research on “Religious Freedom and Sexual Orientation:

Compatibility, Contestation and Convergence. The Case of Church-Related Adoption Agencies

Year 1:

Questionnaire Survey (postal and on-line)- of religious organizations- including still extant previous survey respondents- sample frame composed of various religions- sample frame of local, regional & national levels

The Project’s Three Years/Phases

Year 2:

Fieldwork and Focus Groups in 5 Locations

- Blackburn, Cardiff, Leicester, Newham as before- plus Norwich (new location)- interviews with religious individuals and groups- interviews in public/private/voluntary sectors- focus groups (new) with the “non-religious”- conducted by project post-doctoral researcher- “anthropological” style

The Project’s Three Years/Phases

Year 3:

“Knowledge Exchange” and Dissemination

- summary report for all participants- briefing report for opinion-formers/policy makers- 5 “knowledge exchange” workshops

public, private, community & voluntary,religious groups, legal practitioners

- annotated bibliography on project themes- drafting of book (contract with Bloomsbury)

Religious Discrimination in England and Wales Research Project (1999-2001)

1. To assess the evidence of religious discrimination in England and Wales, both actual and perceived

2. To describe the patterns shown by this evidence, including:

• its overall scale

• the main victims

• the main perpetrators

• the main ways in which the discrimination manifests

3. To indicate the extent to which religious discrimination overlaps with racial discrimination.

4. To identify the broad range of policy options available for dealing with religious discrimination.

New Research Questions: Comparative Outcomes with 1999-2001

In the light of religious, social and legal developments since 1999-2001, the new project will also ask:

How far might patterns in the reported experience of unfair treatment on the basis of religion in terms of

- type of unfair treatment - frequency and seriousness - groups primarily affected - sectors of social life

have changed since the 1999-2001 project?

New Research Questions: The Impact of Contextual Changes

What are the implications of the above for theory, policy and practice relating to issues of discrimination/equality measures concerned with religion and belief, especially bearing in mind the:

impact of 7/7 bombings and “preventing extremism” measures

public policy focus on “Britishness” and “social cohesion”

impact of legal developments relating to religion

impact of “belief” within law and policy on “religion and belief”

relationship with other equalities strands within an equality and human rights approach to policy/practice

New research questions: key legal questions

Some of the key legal questions include:

- to what extent might the narrowness of religious exemptions in discrimination law contributed to any reported experience of unfair treatment towards the religious groups and their practices?

- to what extent might the breadth of these exemptions contributed to any reported experience of unfair treatment on the grounds of gender or sexuality within religious communities?

- how much awareness is there of the relevant legislation for

protection against religious discrimination?

- how much use has been made of these measures?

Review of a decade’s research evidence

Continuity in substantial reporting of unfair treatment on the basis of religion or belief

across key areas of people’s lives

though often more occasional than frequent and generally more in attitudes than policies or practices

introduction of law has not been a panacea

the issue of the relation of reporting/perceived and legally decided discrimination remains

the relationship between religion/belief and ethnicity in unfair treatment remains complex

Within continuity evidence of similar patterns to 2001 (1)

The groups most subject to unfair treatment in terms of both frequency and seriousness continue to be:

Muslims - many people of other religions reporting unfair treatment for

being (wrongly) identified as Muslims

Pagans/members of New Religious Movements- although evidence suggests Pagans are “coming out” more

than in 2001, encouraged by human rights law

Among other groups, as in the 2001 research results, for example:

Jews continue to face- significant security concerns due confusion of Israel and Jews- but also older anti-semitic stereotypes/desecration/violence

Within continuity evidence of similar patterns to 2001 (2)

The sectors for most reported unfair treatment continue as:

education- survey shows some reduction overall- fieldwork suggests improvement in general school environment and content of education

employment - though evidence from field research suggests effects of law on public sector policy and practice

the media- small reduction but generally continues with little unchanged

Within continuity indications of some reduction in reported unfair treatment in some areas (1)

employment

- reductions in reported unfair treatment in survey

- but more reported still in private than public sector from attitudes of managers/colleagues than policies

especially criminal justice

- shows largest reporting reductions in survey (31% to 23%)

- field research indicates better consultation

- but field research still highlights immigration issues

Within continuity indications of some reduction in reported unfair treatment in some areas (2)

inter-religious and religious-secular relations

Fieldwork participants report an improvement in inter-religious relations over the past decade.

Survey responses show a reduction in unfair treatment from other religious groups too (23% reporting in 2011 compared with 29% in 2001)

However, in the survey religious organisations were more likely to identify other religious groups (23%) as an (albeit declining) source of unfair treatment as to identify specifically “non-religious” groups (21%)

“Muslims don’t like Sikhs, Sikhs don’t like Muslims, and within the Muslims, some don’t like Bengalis”

Change: new reported forms of unfair treatment

Particularly by Christians- especially in relation to working on Sundays- increase in sense of marginalisation- tendency to compare with perceived better treatment of minorities

But “non-religious” people feel - Christianity is privileged in structurally embedded ways - creates unfair treatment especially in education and governance

Some indications around Sikhs- especially in survey and fieldwork re wearing of 5Ks - but caution re low survey numbers

Sikh survey write-ins: Law and criminal justice and employment

Asked to remove turban in full public view/refusal of court entry due to kirpan.

It's that lad with the turban - just pick him up

Sikhs have v distinct look; they often (because of beard & turban) become target

Issues related to turbans/beard in some types of employment

Sikhs wearing kirpan, turban, kara are discriminated from certain jobs. We have many examples such as prison officers.

Sikhs with turban and beard find it harder to get a job

Sikhs and survey write-ins: education

Education 5 Ks, particularly ceremonial sword & turban

Dress code/ when challenged on specific in house practices

Ignorance of importance of Sikh religious symbols

Initiated Sikh should have 5 'K' at all times. Sometimes Education Authority does not allow Sikh children to ? 5 'K'

Lack of accommodation for Sikh articles of faith

Primary school teacher not knowing what Sikh head covering was on boy pupil, embarrassed boy in front of school friends

Sikh men/woman working in school kitchen. Individuals been asked to remove articles of faith, eg kara.

Sikhs and survey write-ins: education

Sikh school children are stopped from wearing kirpan or kara in school. Sikh adults are stopped at public places such as courts and airports for wearing kirpan, kara, turban, etc.

Some people do not understand turban, keeping small kirpan is a must for Sikhs

Students with turban not treated same

There have been cases around the country, where Sikh students have not been able to wear, the Kara, (steel Bangle) Kirpan (Small Ceremonial Dagger)

Wearing of the mandatory SKS?

Wearing the 5 articles of faith

Emergent Christian concerns and comparisons

“The are differences in approach, for instance the wearing of the cross at work and so on and arguments over whether it’s because it’s a religious symbol or whether it’s because we shouldn’t be wearing jewellery in this particular job because of health and safety hazards or whatever. The contrast sometimes between the approach when perhaps it’s been a hijab or niqab question versus the question of the cross and some people have said, “oh! we bend over backwards to accommodate the dress standards for Islam and Sikhs and so on but we make the Christians … we don’t give allowances for them the way we do [ for others]” and the whole argument there can get quite heated at times which is a shame because it should be a level playing field for all.”

[Middle Aged woman, Church of Jesus Christ of Latter Day Saints]

Of persecution, discrimination or loss of privilege?

“It’s almost like losing the empire all over again, it’s just that it’s the empire of your own country”

[a Christian in Norwich, on unfair treatment in the media]

Invisibility and the “non-religious”

“……there is a lot of invisible discrimination going on….It’s very easy to say well that’s religious discrimination you know because the codes, practices, there are different things which people do which are easily recognised. Whereas it’s much more difficult for people to see discrimination against non-religious people. I don’t think it’s nearly as bad but that doesn’t mean that it doesn’t happen in kind of subtle ways.”

“Well being non religious you are essentially invisible there’s no costume, you don’t wear a cross, you walk into a shop, bar, whatever, non-one knows your non-religious, you don’t identify yourself as that so it actually most of the time it’s hard to discriminate against you being non religious, you don’t go round with a sign saying non-religious.”

[White woman, Non-religious]

The “non-religious” and broader issues

Broader/National/International Issues

Monarchy as Religious/Head of Church/Bishops in House of Lords

Legal frameworks that make special allowances for religious groups

Sunday working hours

Campaigns led by religious groups such as anti-abortion campaigns and opposition to euthanasia

Media portrayals – “lots of mischaracterisations, a typical one would be that you can’t be good without religion”; “Militant atheism”

Marking public space: for who and on what terms?

The “default” position

“…the assumption is that it will be there unless you ask to have it removed. It should be an empty public space where you can request a cross or you can request any other symbolism but it should be an empty space and that happens in the sort of quiet rooms, chapels in hospitals and all that sort of stuff. […] if you go up to the crematorium in XXX city there is a massive cross on the left as you’re driving in don’t matter if you’re not a Christian or have no religion. So there’s all this stuff, on one level it’s trivial, but you know on another level it’s just irritating you know if you let it be.”

[Middle Aged white man, non-religious]

Inclusive rather than competitive or “empty” symbolism in the public sphere

“For example, I'll give you a brilliant example in Leicester, if you just go up into town you will see Sikh symbols for the Vaisakhi festival that is coming up later this week.. And during Eid and Ramadan they have Islamic symbols up and the idea of celebrating different people’s faiths, you know for Divali, we have Divali lights in Belgrave Road which are really famous and I think Leicester has always gone that one step to make each community to feel welcome. […]and it’s not a case of they’ve got their signs and we’ve got ours, it’s a case of okay, we've celebrated ours and we’ll celebrate yours as well because we’re all part of the same community.”

[male Sikh, public sector employee]

What about the law?

in the fieldwork and focus groups, even where people have a reasonable knowledge of the legal cases concerned, they tend to extrapolate wide conclusions from them.

however, most cases are not dealing with broad themes, but with a specific point of law.

religious people generally aware of law, but often not of how to go about specifically using it

there is evidence in our focus groups that, although the present legal framework is concerned with “religion or belief”, that non-religious people tend to see this law as “not so relevant for us”

Emergent challenges for law and social policy

Balance/tension of legally “protected characteristics” - new law progress also highlighted unresolved tensions- key cases at ECtHR and subsequent EHRC guidance- fieldwork participants often cited high profile cases as indicative of trends, though usually narrowly decided

“Exemptions” for religious organisations- survey of evidence confirms strongly divided religious organisation opinions on marriage/civil partnership, sexual orientation and religion or belief exemptions - but also potential fluidity (17-23% ‘don’t know’) of views

Measures for tackling unfair treatment on the basis of religion or belief

From the survey

- as in 2001, little support for no new action needed

- now also little support for further laws(though survey and fieldwork evidence suggest

religion/belief group awareness of legal possibilities is patchy)

- most support still, as in 2001, for educational initiatives in schools, public education and media

Evidence-Based Signposts in Policy, Law and Practice

“Three Dimensional” Policy-Making Context

“For policy to be effective, it needs to be grounded in the experiences and worldview of those most likely to be affected”(P. Weller, A. Feldman and K. Purdam, et al., (2001), Religious Discrimination in England and Wales. London: Home Office, p. 159)

“Three Dimensional” Context

“The contemporary religious landscape of the UK should be seen as exhibiting contours that are ‘Christian, secular and religiously plural’.” (P. Weller (2005), Time for a Change: Reconfiguring Religion, State and Society, London: T & T Clark, p. 73)

“Three Dimensional” Policy-Making

“…approach to policy, law and practice that is able to facilitate the kind of development that can mediate between factors of continuity and change”(P. Weller, K. Purdam, N. Ghanea, and S. Cheruvallil-Contractor (2013, forthcoming), Religion or Belief, Discrimination and Equality: Britain in Global Contexts. London, New Delhi, New York, Sydney, Bloomsbury, p. 227)

Thank You for Listening!

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