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PCS and PCS PROUD have formally written to the chair of the Equality and Human Rights Commission (EHRC) about its recent announcement seeking to intervene in key high profile UK religion/belief cases. Here is the text of that letter:
"PCS and PCS Proud (the National LGBT Committee in PCS) express surprise and profound concern at EHRC’s announcement that it intends to seek permission to intervene at this late stage in four UK cases on religion and belief being heard at the European Court of Human Rights.
PCS believes EHRC’s announcement conveys a message to religious extremists that religion/belief does in fact impinge on sexual orientation (and gender identity) civil and human rights. Worryingly we believe the press release also undermines UK judges in these cases implying they are not able to interpret the intricacies of such cases and make judgments on the justifiable limitations to people’s right to manifest their religion or belief according to UK and European laws on equalities and human rights.
We are deeply concerned that EHRC is proposing ‘reasonable accommodation’ as an idea that “will help employers and others manage how they allow people to manifest their religion or belief”. Firstly, the term proposed is not a legally recognised term enshrined in UK or European equality and human rights law, and secondly, neither has it been formally proposed and publicly consulted on by any UK government.
PCS does not agree that it is “reasonable” to assume this as a similar concept to ‘reasonable adjustment’ in disability discrimination law, as we know that ‘reasonable adjustment’ is objective, does not impinge on the rights of others, and requires an employer to take reasonable measure to enable a disabled worker to carry out their job alongside their non-disabled colleagues. What EHRC is proposing is that LGBT people are protected against discrimination except where someone could argue that they be allowed to discriminate because they were prejudiced, due to their religion or belief, against LGBT people. PCS believes this proposal promotes discrimination rather than broadens the interpretation of the law as sought by EHRC.
Whilst it is commendable that EHRC “wants to change the view that there needs to be an either/or situation” it is however naive to think that such an intervention as proposed will effect that aspiration. In fact, we believe it is likely to result in further acrimony and tension both in the workplace and wider, rather than implement s.149,(5),(a) and (b) and (6) of the Equality Act 2010:
(5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—
(a) tackle prejudice, and
(b) promote understanding.
(6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.
Furthermore, it is offensive to most LGBT people, whether of faith or not themselves, as many experience regular homophobia, biphobia or transphobia resulting in abuse, violence and murder of LGBT people here and across the world because of some religious faiths’ discriminatory and oppressive attitudes and behaviour. For many LGBT people, there is a them/us situation and who would see such intervention as a regressive move to trump their hard-won rights in the employment and in the provision of goods, services and facilities. One only has to see recent derogatory and anti-human rights announcements from some faith leaders on LGBT people’s right to have a family, a private life, to hold a civil partnership on religious premises.
PCS is also very concerned that bisexual and transgender people were omitted in your closing line of the ‘clarifying’ statement, further suggesting that these people do not matter in the wider equalities and human rights framework, and worryingly implies a lack of consideration of the issues they face in the workplace and in society. It also sends a strong signal of support for employers and organisations to accommodate prejudice against LGBT people in the workplace and in goods, services and facilities.
Fundamentally and underpinning this, we continue to believe the EHRC has a central role in advising and helping service providers and employers understand our equality laws and codes of practice to avoid falling foul of discriminatory attitudes and practices. This advisory function would and should tackle the confusion of those employers who you say are over-cautious about what they should be doing to protect people from religion, faith and belief based discrimination and “so are unnecessarily restricting people’s rights”. However, we know employers are far more likely to be more cautious or even avoid tackling sexual orientation and gender identity discrimination because of what could be a lack of understanding about those rights, the issues and experiences that LGBT have, also of perceived and actual sensitivities about ‘being out’, about the right to privacy, and so on.
If the EHRC, as stated, is concerned about UK citizens knowing and using their rights then PCS firmly believes a well-resourced EHRC publicity campaign, an up-to-date, informative and accessible website and well-staff EHRC would be far more effective than the intervention being sought at European Court of Human Rights.
We note your several references about stakeholders. We recognise that the views of these groups and individuals are diverse and often contradictory. We are well aware that the expression of faith by Christians and other faiths is vast and varied and that no one faith stakeholder lobby group should take centre stage without recourse to full debate with UK all religious and secular stakeholders.
PCS would welcome an invitation to be part of the consultation on this as we have thousands of LGBT members and PCS strongly wholeheartedly believes in equality at work and in society for all.
We look forward to an early response to the issues we have raised."
If you wish to comment on the issues raised by EHRC's proposed action, you can email us at proud@pcs.org.uk or equality@pcs.org.uk. If you are a PCS Proud member, you can also discuss the issues in the online forum on the Proud website.
The government has launched its consultation setting out proposals for civil partnerships to be registered on the religious premises of those faith groups who wish to do so. The proposals clarify that there is no obligation on those faith groups to have civil partnership registrations on their premises.
The consultation document can be found on the Government Equalities Office website.
We would like to hear your views on the proposals for possible inclusion in our union response. These should be submitted to equality@pcs.org.uk with 'civil partnership consultation' in the subject box of your email and by no later than Friday 10 June 2011.
The Equalities and Human Rights Commission (EHRC) is currently under significant threat - a 68 per cent budget cut and half the work force could be axed. In addition to this, it could lose its regional offices, grant-giving function and helpline for the public, business and public sector.
Basically, it will no longer exist as anything more than a small think tank. This is intolerable, but particularly when the country is facing budget cuts that will hit the most vulnerable in society hardest, the far right is scape-goating minority communities and a roadblock is needed to restrict the worst excesses of an unregulated market.
We must save the EHRC. Please sign the petition, email your MP and tell colleagues and friends about it, through Facebook links, Tweets and face to face.
It comes as a great relief to LGBT communities particularly to hear that the killers of Ian Baynham, a civil servant, who was murdered last October in Trafalgar Square during a brutal homophobic attack, are to be sentenced for manslaughter. This is justice indeed, some fourteen months later.
However, with the Coalition government's intention to close around a hundred courts, just imagine how long it will take in the future to bring perpetrators of hate crimes to justice. Imagine how it would feel to wait and wait for justice to be done if a loved one had been murdered in this way.
More information is on the PCS campaign to save our courts webpage.
More discussion about this can be found on the PROUD website for PCS PROUD members.
Once again the PCS LGBT seminar was an enormous success. A video of the event is available on youtube.
PCS Proud has a new email address - proud@pcs.org.uk - to which all enquiries should now be sent. If you need to speak to someone then you may call either Proud directly, finding your local LGBT representative on Proud's website or call the PCS equality department on 020 7801 2683.
The Equality and Human Rights Commission (EHRC) has published guidance for public bodies on the provision of goods, facilities and services to transgender people. This was written by Press for Change and the Scottish transgender Alliance. The guidance can be found on the EHRC website.
The latest newsletter contains reports on the Ladele case, the Equality Bill, tackling trans- and homophobia in sport, and other national and international news.
Age Concern is one of the age-related organisations which PCS is affiliated to nationally. Its Camden branch is running the Open Doors project for LGBT people who are over the age of 50 and who live, work or socialise in central London.
It offers a range of services including befriending, social activities, computer and exercise classes, and information, training and advice sessions. There are also opportunities to volunteer and to attend monthly group meetings for women, men or in mixed groups. More information is available from Age Concern Camden webpages.
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