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Public law special study - Essay Example

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“Equality law has failed if it has simply produced a collision between competing equality strands. There must be better ways of resolving conflicts between faith-based and sexuality-based equality rights.” Discuss in the light of recent British case-law and wider international academic debate…
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Public law special study
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Download file to see previous pages This is an approach consistent with the asymmetry thesis. The asymmetry thesis, takes the position that the imposing sex discrimination prohibitions on religions would amount to excessive restraints on freedom of religion.4 International academic debate centres round either defending or attacking the asymmetry thesis.5 This paper argues that the liberalized thinking occupying international debate is more suited to resolving the tensions between sexuality-based equalities and faith-based equalities. Liberalized thinking in today’s egalitarian society argues that neither religious nor “quasi-religious” beliefs have a role to play in defining the parameters of civic duty and democratic participation.6 This paper analyses the tensions implicit in sexuality-based equalities and faith-equalities by reference to both British case law and in the context of international academic debate. ...
previous statutes defining and regulating the states obligation to ensure equal treatment and protection of the law for all citizens regardless of race, gender, sexuality, religion, disability, nationality and so on.7 In particular, sexuality, gender and religion are “protected characteristics” within the ambit of the 2010 Act.8 Freedom of religion is likewise statutorily protected in the UK by virtue of the Human Rights Act 1998 which incorporates the European Convention on Human Rights 1953 (Hereinafter ECHR).9 Article 9 of the ECHR provides that all citizens have “the right to freedom of thought, conscience and religion” as well as the right to observe, practice, teach, worship and “manifest his religion or belief”.10 Article 9(2) however goes on to impose conditions to freedom of religion by providing that the freedom of religion is limitations imposed by law: ...And are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedom of others.11 The Court of Appeal explained the importance of Article 9(2) of the ECHR in Ladele v Islington. In this case there was a conflict in competing equality claims: sexuality-based and faith-based equalities. On the facts of the case a registrar who professed to be a Christian declined to register a civil partnership between a same-sex couple on the grounds that same-sex partnerships were against her religious beliefs. The Court of Appeal, in considering Article 9(2) of the ECHR held that the law recognizes that in a modern democratic society it is necessary to prohibit discrimination with respect to the delivery of “goods, facilities and services on the grounds of sexual orientation” with only exceptional ...Download file to see next pages Read More
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