Modern Australian
Times Advertising

Why Australia needs a Religious Discrimination Act

  • Written by Renae Barker, Lecturer in Law, University of Western Australia
Why Australia needs a Religious Discrimination Act

The Ruddock review on Religious Freedom has recommended the creation of a Religious Discrimination Act as part of its 20 recommendations.

Some have argued there is no pressing need for a Religious Discrimination Act. All states and territories, except South Australia and New South Wales, currently prohibit discrimination on the basis of a person’s religion. Religious discrimination is also prevented at the workplace under the federal Fair Work Act.

However, a Religious Discrimination Act is necessary to introduce other important protections for Australia’s religiously diverse population. Besides Christians, who make up about half the population, Australia is home to other religious minorities, including Muslims (2.6% of the population), Hindus 1.9% and Sikhs 0.5%. A Religious Discrimination Act would also protect the growing number of Australians who identify as having no religion (30%).

As Chief Justice John Latham explained in the Jehovah’s Witnesses case of 1943:

…it should not be forgotten that such a provision as s. 116 [of the Constitution] is not required for the protection of the religion of a majority. The religion of the majority of people can look after itself. Section 116 is required to protect the religion (or absence of religion) of minorities, and, in particular, of unpopular minorities.

Read more: Why Australia does not need a Religious Discrimination Act

Religious discrimination is not a new issue

Religious discrimination is not a new discussion in Australia. Twenty years ago, the Human Rights and Equal Opportunity Commission noted that:

Despite the legal protections that apply in different jurisdictions, many Australians suffer discrimination on the basis of religious belief or non-belief, including members of both mainstream and non-mainstream religions and those of no religious persuasion.

Submissions received by the commission detailed the areas in which people experienced religious discrimination. For example, Pagan groups found it difficult to hire facilities to conduct events, while Muslim, Buddhist and Sikh communities reported having problems with planning authorities. Some people said they kept their religions a secret at work for fear of being fired or denied promotions.

The commission recommended the introduction of a federal Religious Freedom Act, which included provisions prohibiting discrimination on the basis of a person’s religion.

What’s the state of religious discrimination in Australia?

Australians already enjoy a relatively high level of religious freedom. However, this does not mean that people are never discriminated against on the basis of their religion.

In 2014, for instance, the parliament banned people wearing face coverings from entering the open public viewing gallery in Parliament House. Instead, they were relegated to the glass viewing area usually reserved for school children. The effect of the ban was to discriminate against Muslim women who wear burqas or niqabs as part of their religious devotion.

During the same-sex marriage postal survey, there were reports of people claiming they were discriminated against because they supported the “No” campaign. An entertainer who worked as a contractor for a children’s party business was fired after changing her Facebook profile frame to one that included the words “it’s OK to vote no”. She claimed she was discriminated against due to her Christian beliefs.

Read more: The 'gay wedding cake' dilemma: when religious freedom and LGBTI rights intersect

Under the International Covenant on Civil and Political Rights, Australia is also obligated to enact laws prohibiting both religious discrimination and vilification.

Religious vilification is behaviour that incites hatred, serious contempt for, or revulsion or severe ridicule of a person or group of people because of their religion. Only three states – Victoria, Queensland and Tasmania – currently prohibit religious vilification.

In response to concerns about the tone of the same-sex marriage debate, the federal government passed a temporary Marriage Law Survey (Additional Safeguards) Act 2017 (Cth). The act prohibited vilification on the basis of a person’s “view in relation to the marriage law survey question” or a person’s “religious conviction, sexual orientation, gender identity or intersex status.” It automatically lapsed on November 15 2017, the day the survey results were released.

Without the full details of the Ruddock review, it is unclear whether the proposed Religious Discrimination Act would include provisions prohibiting religious vilification.

What would a Religious Discrimination Act do?

Introducing a Religious Discrimination Act would also fix an anomaly in the existing Racial Discrimination Act. Section 9 of this act prohibits discrimination on the basis of a person’s “race, colour, descent or national or ethnic origin”.

Ethnic origin has been interpreted by the courts to cover both Sikhs and Jews. By contrast, Muslims and Christians are not covered by the Racial Discrimination Act, as they do not constitute a single ethnic group.

But as the Federal Court of Australia explained in Jones v Scully, ethnic origin covers more than a person’s racial identity. It includes groups who have shared customs, beliefs, traditions and characteristics derived from their histories.

Those claiming discrimination on the basis of their lack of religious beliefs are also not covered under the Racial Discrimination Act. This creates a discrepancy in the treatment of different religious groups under the law.

Read more: Ruddock report constrains, not expands, federal religious exemptions

As Australia continues to debate the best way to protect freedom of religion, while also guaranteeing the rights of other groups, such as the LGBTI community, balance and compromise will be necessary.

As part of that balancing act, the government has already announced it will remove some religious exemptions from the Sex Discrimination Act, making clear, for instance, that students cannot be expelled from religious schools on the basis of their sexuality.

Other restrictions, such as requiring religious organisations to be transparent in their use of exemptions in anti-discrimination legislation such as the Sex Discrimination Act, may also be needed.

A Religious Discrimination Act should also be part of the compromise and balance. Religious discrimination may not be an everyday occurrence for many Australians. However, this does not mean the law should ignore those who have been discriminated against because of their faith or lack of it.

Authors: Renae Barker, Lecturer in Law, University of Western Australia

Read more http://theconversation.com/why-australia-needs-a-religious-discrimination-act-105132

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...

Why Ceiling Fans Are Essential For Comfort, Efficiency, And Modern Living

Creating a comfortable indoor environment is not just about temperature; it is about how air moves, how a room feels, and how efficiently energy is ...

Why Duct Cleaning In Melbourne Is A Smart Investment For Healthier Living Spaces

Behind your walls, ceilings, and vents lies a network quietly working every day to keep your home comfortable. Yet over time, this system can become...