Jackie Driver

Equality and Human Rights Commission

Political forces that exaggerate the nature and extend conflicts

Should human rights principles be the non negotiable floor on which to start?

Discriminatory belief should have a wider latitude that discriminatory conduct

‘A balance needs to be struck between the need to treat people equally, the need to treat people differently, and the need to maintain shared values and social cohesion’

A fairer distribution of political, social and economic power between different social groups

TerminologyMultiple discrimination and intersectional

discrimination

Conflict of rights and conflict of grounds

Exaggeration of conflict

Legislation and policy

HRA and domestic discrimination law

SEA -no likely purpose clause but EHRC do have an integrated mandate

Conflict of groundsDifferent types of conflict

– Vancouver Rape Relief Society v Nixon, Southall Black Sisters

White supremacy in some Christian organisationsConflict within a groundGlen Hoddle case

Race, religion and cultureOverlap of race, religion and culture

Freedom of religious belief -Article 9 and religious tolerance

Non- discrimination on the grounds of religion or belief - Article 14 and Employment equality Directive

Religion or belief and Sex EqualityMisogynist and sexist traditional culturesRacist stereotypes of minority culturesSocial roles will also cause harm to menUK context – wide reporting on ‘honour’ killing, FGM

and forced marriagesAreas where there is women s consent to practices

that cause harm or discriminationSex and Age – young girls experience

Cultural values and patriarchyRacist stereotyping

Parallel universe

Wrong focus leads to wrong outcomes

Dual approach

Principles to applyHuman rights principles

Equality and non discrimination principles

Autonomy principles

Your rights or your culture?

High profile cases -Dress codes and religious symbols

Intersectional discrimination or an issue of conflict about religious symbols?

Sexual orientation and religion or beliefTrinity Western v British Columbia principles:

The freedom to hold beliefs is broader than the freedom to act on them

A hierarchical analysis should be avoided in favour of one that seeks to balance

Public-private distinction

Ladelle case

Its impossible to eliminate conflicts in equality law

It is possible to design legal principles and social policy in ways that can prevent some conflicts from arising

Where conflicts do arise, it is possible to manage or resolve through principles of human rights law as well as equality principles

‘Building a society built on fairness and respect where people are confident in all aspects of their diversity.’