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II. DOMESTIC LEGAL FRAMEWORK FOR
FREEDOM OF RELIGION OR BELIEF
14. Apart from the common law, which recognizes the freedom of individuals to adopt,
practise and change their religion, there are a number of statutory provisions with regard to
freedom of religion or belief in the United Kingdom. The Human Rights Act 1998 gave further
effect to the rights and freedoms guaranteed under the European Convention on Human Rights,
including its article 9 on freedom of thought, conscience and religion. Consequently, primary
legislation and subordinate legislation must be read and given effect in a way which is
compatible with the Convention rights. Furthermore, it is unlawful for a public authority to act in
a way which is incompatible with a Convention right. In order to minimize State interventions in
the internal organization of religious groups, section 13 provides that courts and tribunals must
have particular regard to the importance of the right to freedom of thought, conscience and
religion if their determination of any question arising under the Human Rights Act 1998 might
affect the exercise by a religious organization of that right.
15. When giving an overview of the further statutory framework for freedom of religion or
belief in the United Kingdom, attention needs to be paid to the different geographic scopes of
application. The Equality Act 2006, which extends only to England, Scotland and Wales,
contains a number of detailed provisions in sections 44 to 80 concerning discrimination on
grounds of religion or belief. It prohibits both direct and indirect discrimination, for example
when providing goods, facilities and services, when disposing of premises, when admitting
pupils to educational establishments, when providing schools and transport as well as when
public authorities exercise a function of a public nature. Specific exceptions apply to
organizations and charities relating to religion or belief, faith schools, care within family and acts
justified by national security purposes.
16. The Equality Act 2006 also establishes a Commission for Equality and Human Rights
(CEHR), which opened on 1 October 2007. The CEHR may, inter alia, bring proceedings in
respect of discriminatory advertisements, instructions to unlawfully discriminate and practices
which would be likely to result in unlawful discrimination if applied to persons of any religion or
belief. CEHR may not take human rights action in relation to matters falling within the devolved
competence of the Scottish Parliament, except with the consent of a person established by Act of
the Scottish Parliament whose principal duties relate to human rights.
17. In Northern Ireland, the Equality Commission for Northern Ireland has been established
since 1 October 1999 to advance equality, promote equality of opportunity, encourage good
relations and challenge discrimination through promotion, advice and enforcement. Under the
Fair Employment and Treatment (NI) Order 1998 (as amended in 2003), it is unlawful for those
who provide services to the public to discriminate against a person on grounds of religious belief
or political opinion in the fields of employment, the provision of goods, facilities and services,
the sale or management of land or property as well as further and higher education. Public
authorities shall in carrying out their functions relating to Northern Ireland have due regard to the
need to promote equality of opportunity between persons of different religious beliefs according
to section 75 of the Northern Ireland Act 1998.
18. The Race Relations Act 1976, as amended, makes it unlawful in Great Britain to
discriminate directly or indirectly against a person on racial grounds in employment, education,