The HRA issue is fully explored in the Education Law Monitor's report of the
case Lovell-Badge v Norwich City College of Further and Higher Education
which was an Employment Tribunal case relating to alleged unlawful racial
discrimination on grounds of religion (the only way such a complaint can be
raised in Great Britain, although there are different rules in Northern
Ireland). The complaint was unsuccessful but the discussion in the report
makes it clear that come 2000 any 'public authority' which discriminates
against a person on ground of religion will be acting unlawfully.
If that's right, then there will no longer be any argument about pros and
cons of doing it: it will be done. However I'm not sure about the validity
of that assertion, nor whether in this context all or some of our
institutions will fall within the definition of 'public authority' but plan
to get to grips with this among other HRA issues with a view to holding a
conference/seminar at which this can all be discussed in a comprehensible
way, probably in the autumn.
I hope this is helpful.
Dennis Farrington
Dr Dennis Farrington
Deputy Secretary
University of Stirling
Stirling FK9 4LA , UK
Tel: (+44)(0) 1786 467017
Fax: (+44) (0) 1786 466699
E-mail: [log in to unmask]
> ----------
> From: Ged Murray[SMTP:[log in to unmask]]
> Sent: 06 April 1999 16:24
> To: [log in to unmask]
> Subject: Re: discrination etc on religious grounds
>
> Forgive me for returning to a matter that I vaguely recall has been
> raised before on the bulletin board but is anybody aware of articles or
> papers on the pros & cons of making religion a legal category in eo
> matters. I know of employment cases decided on grounds linked to
> ethnicity that really revolved around matters to do with religion but
> wondered if the matter had been debated on the basis of the substantive
> issues involved. In particular I am unsure how the Human Rights Act 1998
> will deal with issues of religious discrimination.
> I am of course aware of the main features of the Fair Employment NI Act
> 1989 that has a specific context that is helpful but I also would
> welcome wider points of reference.
> Ged Murray
>
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