What should be done when the rights of one equality group appear to conflict with the rights of another?

1
What should be done when the rights of one
equality group appear to conflict with the rights
of another?

• Jackie Driver
• Equality and Human Rights Commission

2

• 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

3

• 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

4
Terminology

• Multiple discrimination and intersectional
  discrimination
• Conflict of rights and conflict of grounds
• Exaggeration of conflict

5
Legislation and policy

• HRA and domestic discrimination law
• SEA -no likely purpose clause but EHRC do have
  an integrated mandate

6
Conflict of grounds

• Different types of conflict
• Vancouver Rape Relief Society v Nixon,
  Southall Black Sisters
• White supremacy in some Christian organisations
• Conflict within a ground
• Glen Hoddle case

7
Race, religion and culture

• Overlap 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

8
Religion or belief and Sex Equality

• Misogynist and sexist traditional cultures
• Racist stereotypes of minority cultures
• Social roles will also cause harm to men
• UK context wide reporting on honour killing,
  FGM and forced marriages
• Areas where there is women s consent to practices
  that cause harm or discrimination
• Sex and Age young girls experience

9
Cultural values and patriarchy

• Racist stereotyping
• Parallel universe
• Wrong focus leads to wrong outcomes
• Dual approach

10
Principles to apply

• Human rights principles
• Equality and non discrimination principles
• Autonomy principles

11
Your rights or your culture?

• High profile cases -Dress codes and religious
  symbols
• Intersectional discrimination or an issue of
  conflict about religious symbols?

12
Sexual orientation and religion or belief

• Trinity 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

13

• 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

14
Building a society built on fairness and respect
where people are confident in all aspects of
their diversity.