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Anti-discrimination law lacks moral authority in broader public: The prejudice
that anti-discrimination law means giving a bonus to minorities and cutting on the
majority has to be countered. Especially in times of social instability, as today
intensified by the global economic crisis, anti-discrimination laws are not very popular.
Those who would like to refer on them often hesitate – They know that undertaking
legal measures may include getting under moral pressure. As in the case of women
wearing headscarf being denied a job. Claiming their right may bring them in a
situation where public opinion is still against them.
All these points shouldn‟t be seen as a reason to become desperate – but quite in the
contrary show the declarations visionary potential! Now it is high time to go ahead! Parallel to
each of the mentioned five points there can be found an inspiration for future action.
- It has been visionary to include „religion“ in the declaration – antidiscrimination law should follow this line: The EU Anti Discrimination Guidelines
differentiate between the working place and other areas. The Racial Equality
Directive 2000/43/EC names „racial or ethnic origin“, but there is no protection when it
comes to religion. So many cases can only be dealt with if labelled under „ethnic“
discrimination – which backs up the cliché that Muslims are „foreigners“.
- In times of globalisation 19th century concepts of nationalism are completely
out of place – people’s plural identities will open new horizons: The EU strives to
create a new kind of European identity that naturally needs to open up for plural
identities. Minority groups can be very inspiring in this process as they often have
cultivated plural identities. Being Muslim and European, speaking Arabic or Turkish
and a national language both fluently – not at all considers a contradiction!
- The status of religious minority groups should be reflected in national law:
Austria might be some kind of a role-model. In this year 2012 we celebrate the 100th
anniversary of the legal recognition of Islam. Already in 1912 Islam was officially
acknowledged – which has to do with Bosnia-Herzegovina belonging to the
Habsburgian Empire at that time. Muslims were given the right to practice their
religion in public and inner autonomy was guaranteed when it comes to religious
interpretation – by the way an excellent way to establish a positive feeling of
belonging to a country and loyalty towards the rule of state.
- Freedom of religion is a cornerstone in the Human Rights concept – and has to
be respected as such: The right to believe – or not to believe – cannot be separated
from the freedom of expression.
- Anti-discrimination law should be regarded as a Human Rights issue – where
everybody is concerned – a powerful instrument to foster social cohesion: Antidiscrimination measurements are not to be mistaken as allowing minorities to live
exclusively „on their own“– like a rare protected item put into a museum. It‟s about
opening equal access and equal chances – which is beneficial to everybody in
society as it strengthens the common potential. Participation of minorities is needed
to create social cohesion. Social justice and a jointly felt commitment to solidarity is a
matter everybody in society should engage with. Participation of minorities should be
regarded as a key to inclusion, as taking up responsibility for the common well being.
Minorities themselves should recognize their visible participation in society as a way
to create new narratives – overcoming old and negative stereotypes. – And an
effective way to prove that an anti-discriminatory approach pays society back more
than it gives. This mutual process of getting together has to happen if society wants
to proceed.
So what is needed is more enthusiasm in integrating minority issues in „daily politics“. As
long as opinion leaders are too hesitant to raise these topics – occasionally they do, secured
in isolated occasions with an audience where they can „preach to the converted“ – minority
issues will stay….For a minority.
Vienna, 24th of November 2012
Carla Amina Baghajati, Official Islamic Religious Authority of Austria