The Impact of Human Rights

Abstract

This chapter identifies and considers the impact of human rights on religion and religious organisations, including religious charities, drawing on the case law arising from: the Equality Act 2010; Article 14 of the European Convention and the right not to suffer discrimination on grounds such as religion; Article 9 and the right to freedom of thought, conscience and religion; Article 11 and the right to freedom of association; Art 18 of the International Covenant on Civil and Political Rights; and Article 2 of Protocol 1. It examines the public benefit in relation to the government policy of positive discrimination in favour of religious charities: in the context of faith based schools etc.; and as benchmarked against established human rights requirements. In considers: domestic judicial rulings; various research reports and government papers; and the concerns expressed by international bodies (e.g. Bielefeldt, a Special Rapporteur, in report on freedom of religion to the UN Human Rights Council in Geneva, 2011). In particular this chapter provides a record of the main issues that have so far arisen for the Church as it adjusts to its relatively new human rights context, and analyses their strategic significance for the Church and on a wider basis.