1. Religion and Belief, Discrimination and Equality: A Decade of Change? Towards a More Equitable Religion and Belief Landscape at the European Network on Religion and Belief London Seminar Senate House, University of London Wednesday 16 th October 2013 Professor Paul Weller © Not for direct quotation or reproduction without permission of the presenter

4.  Professor Paul Weller (Religious Studies, University of Derby – review of evidence base and project leadership)  Dr. Kingsley Purdam (Social Science, University of Manchester – lead on the survey)  Dr. Nazila Ghanea (Human Rights Law, University of Oxford – lead on the legal aspects)  Dr. Sariya Cheruvallil-Contractor (Sociology of Religion, University of Derby – lead on the project fieldwork)  Lisa Taylor-Clarke (Project Studentship, University of Derby)  Lesley Sawley (Project Administrator, University of Derby) Multi-Disciplinary Project Team

5. The Project’s Three Years/Phases Running Throughout: -survey of legal cases over past decade -survey of all other evidence over past decade -doctoral research on “Religious Freedom and Sexual Orientation: Compatibility, Contestation and Convergence. The Case of Church- Related Adoption Agencies Year 1: Questionnaire Survey (postal and on-line) -of religious organizations -including still extant previous survey respondents - sample frame composed of various religions - sample frame of local, regional & national levels

6. The Project’s Three Years/Phases Year 2: Fieldwork and Focus Groups in 5 Locations -Blackburn, Cardiff, Leicester, Newham as before -plus Norwich (new location) -interviews with religious individuals and groups -interviews in public/private/voluntary sectors -focus groups (new) with the “non-religious” -conducted by project post-doctoral researcher -“anthropological” style

7. The Project’s Three Years/Phases Year 3: “Knowledge Exchange” and Dissemination -summary report for all participants -briefing report for opinion-formers/policy makers -5 “knowledge exchange” workshops public, private, community & voluntary, religious groups, legal practitioners -annotated bibliography on project themes - drafting of book (contract with Bloomsbury)

8. Religious Discrimination in England and Wales Research Project (1999-2001) 1.To assess the evidence of religious discrimination in England and Wales, both actual and perceived 2.To describe the patterns shown by this evidence, including: its overall scale the main victims the main perpetrators the main ways in which the discrimination manifests 3.To indicate the extent to which religious discrimination overlaps with racial discrimination. 4.To identify the broad range of policy options available for dealing with religious discrimination.

9. New Research Questions: Comparative Outcomes with 1999-2001 In the light of religious, social and legal developments since 1999-2001, the new project will also ask: How far might patterns in the reported experience of unfair treatment on the basis of religion in terms of - type of unfair treatment - frequency and seriousness - groups primarily affected - sectors of social life have changed since the 1999-2001 project?

10. New Research Questions: The Impact of Contextual Changes What are the implications of the above for theory, policy and practice relating to issues of discrimination/equality measures concerned with religion and belief, especially bearing in mind the:  impact of 7/7 bombings and “preventing extremism” measures  public policy focus on “Britishness” and “social cohesion”  impact of legal developments relating to religion  impact of “belief” within law and policy on “religion and belief”  relationship with other equalities strands within an equality and human rights approach to policy/practice

11. New research questions: key legal questions  Some of the key legal questions include: -to what extent might the narrowness of religious exemptions in discrimination law contributed to any reported experience of unfair treatment towards the religious groups and their practices? -to what extent might the breadth of these exemptions contributed to any reported experience of unfair treatment on the grounds of gender or sexuality within religious communities? -how much awareness is there of the relevant legislation for protection against religious discrimination? -how much use has been made of these measures?

12. Review of a decade’s research evidence

13. Continuity in substantial reporting of unfair treatment on the basis of religion or belief  across key areas of people’s lives  though often more occasional than frequent and generally more in attitudes than policies or practices  introduction of law has not been a panacea  the issue of the relation of reporting/perceived and legally decided discrimination remains  the relationship between religion/belief and ethnicity in unfair treatment remains complex

14. Within continuity evidence of similar patterns to 2001 (1) The groups most subject to unfair treatment in terms of both frequency and seriousness continue to be: Muslims -many people of other religions reporting unfair treatment for being (wrongly) identified as Muslims Pagans/members of New Religious Movements -although evidence suggests Pagans are “coming out” more than in 2001, encouraged by human rights law Among other groups, as in the 2001 research results, for example: Jews continue to face -significant security concerns due confusion of Israel and Jews -but also older anti-semitic stereotypes/desecration/violence

15. Within continuity evidence of similar patterns to 2001 (2) The sectors for most reported unfair treatment continue as: education -survey shows some reduction overall -fieldwork suggests improvement in general school environment and content of education employment -though evidence from field research suggests effects of law on public sector policy and practice the media -small reduction but generally continues with little unchanged

16. Within continuity indications of some reduction in reported unfair treatment in some areas (1) employment -reductions in reported unfair treatment in survey -but more reported still in private than public sector from attitudes of managers/colleagues than policies especially criminal justice -shows largest reporting reductions in survey (31% to 23%) -field research indicates better consultation -but field research still highlights immigration issues

17. Within continuity indications of some reduction in reported unfair treatment in some areas (2) inter-religious and religious-secular relations  Fieldwork participants report an improvement in inter-religious relations over the past decade.  Survey responses show a reduction in unfair treatment from other religious groups too (23% reporting in 2011 compared with 29% in 2001)  However, in the survey religious organisations were more likely to identify other religious groups (23%) as an (albeit declining) source of unfair treatment as to identify specifically “non-religious” groups (21%)  “Muslims don’t like Sikhs, Sikhs don’t like Muslims, and within the Muslims, some don’t like Bengalis”

18. Change: new reported forms of unfair treatment Particularly by Christians -especially in relation to working on Sundays -increase in sense of marginalisation -tendency to compare with perceived better treatment of minorities But “non-religious” people feel -Christianity is privileged in structurally embedded ways -creates unfair treatment especially in education and governance Some indications around Sikhs -especially in survey and fieldwork re wearing of 5Ks -but caution re low survey numbers

19. Sikh survey write-ins: Law and criminal justice and employment  Asked to remove turban in full public view/refusal of court entry due to kirpan.  It's that lad with the turban - just pick him up  Sikhs have v distinct look; they often (because of beard & turban) become target  Issues related to turbans/beard in some types of employment  Sikhs wearing kirpan, turban, kara are discriminated from certain jobs. We have many examples such as prison officers.  Sikhs with turban and beard find it harder to get a job

20. Sikhs and survey write-ins: education  Education 5 Ks, particularly ceremonial sword & turban  Dress code/ when challenged on specific in house practices  Ignorance of importance of Sikh religious symbols  Initiated Sikh should have 5 'K' at all times. Sometimes Education Authority does not allow Sikh children to ? 5 'K'  Lack of accommodation for Sikh articles of faith  Primary school teacher not knowing what Sikh head covering was on boy pupil, embarrassed boy in front of school friends  Sikh men/woman working in school kitchen. Individuals been asked to remove articles of faith, eg kara.

21. Sikhs and survey write-ins: education  Sikh school children are stopped from wearing kirpan or kara in school. Sikh adults are stopped at public places such as courts and airports for wearing kirpan, kara, turban, etc.  Some people do not understand turban, keeping small kirpan is a must for Sikhs  Students with turban not treated same  There have been cases around the country, where Sikh students have not been able to wear, the Kara, (steel Bangle) Kirpan (Small Ceremonial Dagger)  Wearing of the mandatory SKS?  Wearing the 5 articles of faith

22. Emergent Christian concerns and comparisons “The are differences in approach, for instance the wearing of the cross at work and so on and arguments over whether it’s because it’s a religious symbol or whether it’s because we shouldn’t be wearing jewellery in this particular job because of health and safety hazards or whatever. The contrast sometimes between the approach when perhaps it’s been a hijab or niqab question versus the question of the cross and some people have said, “oh! we bend over backwards to accommodate the dress standards for Islam and Sikhs and so on but we make the Christians … we don’t give allowances for them the way we do [ for others]” and the whole argument there can get quite heated at times which is a shame because it should be a level playing field for all.” [Middle Aged woman, Church of Jesus Christ of Latter Day Saints]

23. Of persecution, discrimination or loss of privilege? “It’s almost like losing the empire all over again, it’s just that it’s the empire of your own country” [a Christian in Norwich, on unfair treatment in the media]

24. Invisibility and the “non-religious” “……there is a lot of invisible discrimination going on….It’s very easy to say well that’s religious discrimination you know because the codes, practices, there are different things which people do which are easily recognised. Whereas it’s much more difficult for people to see discrimination against non-religious people. I don’t think it’s nearly as bad but that doesn’t mean that it doesn’t happen in kind of subtle ways.” “Well being non religious you are essentially invisible there’s no costume, you don’t wear a cross, you walk into a shop, bar, whatever, non-one knows your non-religious, you don’t identify yourself as that so it actually most of the time it’s hard to discriminate against you being non religious, you don’t go round with a sign saying non- religious.” [White woman, Non-religious]

25. The “non-religious” and broader issues Broader/National/International Issues  Monarchy as Religious/Head of Church/Bishops in House of Lords  Legal frameworks that make special allowances for religious groups  Sunday working hours  Campaigns led by religious groups such as anti-abortion campaigns and opposition to euthanasia  Media portrayals – “lots of mischaracterisations, a typical one would be that you can’t be good without religion”; “Militant atheism”

26. Marking public space: for who and on what terms? The “default” position “…the assumption is that it will be there unless you ask to have it removed. It should be an empty public space where you can request a cross or you can request any other symbolism but it should be an empty space and that happens in the sort of quiet rooms, chapels in hospitals and all that sort of stuff. […] if you go up to the crematorium in XXX city there is a massive cross on the left as you’re driving in don’t matter if you’re not a Christian or have no religion. So there’s all this stuff, on one level it’s trivial, but you know on another level it’s just irritating you know if you let it be.” [Middle Aged white man, non-religious]

27. Inclusive rather than competitive or “empty” symbolism in the public sphere  “For example, I'll give you a brilliant example in Leicester, if you just go up into town you will see Sikh symbols for the Vaisakhi festival that is coming up later this week.. And during Eid and Ramadan they have Islamic symbols up and the idea of celebrating different people’s faiths, you know for Divali, we have Divali lights in Belgrave Road which are really famous and I think Leicester has always gone that one step to make each community to feel welcome. […]and it’s not a case of they’ve got their signs and we’ve got ours, it’s a case of okay, we've celebrated ours and we’ll celebrate yours as well because we’re all part of the same community.” [male Sikh, public sector employee]

28. What about the law?  in the fieldwork and focus groups, even where people have a reasonable knowledge of the legal cases concerned, they tend to extrapolate wide conclusions from them.  however, most cases are not dealing with broad themes, but with a specific point of law.  religious people generally aware of law, but often not of how to go about specifically using it  there is evidence in our focus groups that, although the present legal framework is concerned with “religion or belief”, that non- religious people tend to see this law as “not so relevant for us”

29. Emergent challenges for law and social policy Balance/tension of legally “protected characteristics” - new law progress also highlighted unresolved tensions -key cases at ECtHR and subsequent EHRC guidance -fieldwork participants often cited high profile cases as indicative of trends, though usually narrowly decided “Exemptions” for religious organisations -survey of evidence confirms strongly divided religious organisation opinions on marriage/civil partnership, sexual orientation and religion or belief exemptions -but also potential fluidity (17-23% ‘don’t know’) of views

30. Measures for tackling unfair treatment on the basis of religion or belief From the survey -as in 2001, little support for no new action needed -now also little support for further laws (though survey and fieldwork evidence suggest religion/belief group awareness of legal possibilities is patchy) -most support still, as in 2001, for educational initiatives in schools, public education and media

31. Evidence-Based Signposts in Policy, Law and Practice “Three Dimensional” Policy-Making Context “For policy to be effective, it needs to be grounded in the experiences and worldview of those most likely to be affected” (P. Weller, A. Feldman and K. Purdam, et al., (2001), Religious Discrimination in England and Wales. London: Home Office, p. 159) “Three Dimensional” Context “The contemporary religious landscape of the UK should be seen as exhibiting contours that are ‘Christian, secular and religiously plural’.” (P. Weller (2005), Time for a Change: Reconfiguring Religion, State and Society, London: T & T Clark, p. 73) “Three Dimensional” Policy-Making “…approach to policy, law and practice that is able to facilitate the kind of development that can mediate between factors of continuity and change” (P. Weller, K. Purdam, N. Ghanea, and S. Cheruvallil-Contractor (2013, forthcoming), Religion or Belief, Discrimination and Equality: Britain in Global Contexts. London, New Delhi, New York, Sydney, Bloomsbury, p. 227)

32. Thank You for Listening! Press Release/Policy Brief out on Wednesday at: http://www.derby.ac.uk/religion- and-society Book out start November and pre-publication offer today!