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housing and in the provision of goods, facilities and services. The term “racial grounds” is
defined as referring to grounds based on colour, race, nationality or ethnic or national origins.
Pertinent case law has confirmed that Sikhs and Jews constituted both religious and ethnic
groups. However, British courts and tribunals have also held that Muslims, Rastafarians and
Jehovah’s Witnesses were outside the protection of the Race Relations Act 1976.
19. After considerable debate and amendments from the House of Lords, the Racial and
Religious Hatred Act 2006 was adopted on 31 January 2006 and entered into force on
1 October 2007. Extending to England and Wales only, it creates new offences in the Public
Order Act 1986 with regard to stirring up religious hatred, which is defined as “hatred against a
group of persons defined by reference to religious belief or lack of religious belief”. A person
guilty of these offences may be liable to imprisonment of up to seven years or a fine or both. In
order to protect freedom of expression, the Racial and Religious Hatred Act 2006 further
provides that “nothing in this Part shall be read or given effect in a way which prohibits or
restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of
particular religions or the beliefs or practices of their adherents, or of any other belief system or
the beliefs or practices of its adherents, or proselytising or urging adherents of a different
religion or belief system to cease practising their religion or belief system”. According to the
Prevention of Incitement to Hatred Act (Northern Ireland) 1970, a person shall be guilty of an
offence for publicly using threatening, abusive or insulting words if these are intended and likely
to stir up hatred against or arouse fear of any section of the public in Northern Ireland on
grounds of, inter alia, religious belief.
20. The Terrorism Act 2000 is the primary piece of counter-terrorism legislation in the
United Kingdom, replacing the previous anti-terrorism laws that dealt primarily with
Northern Ireland. The Terrorism Act 2000 provides that “terrorism” means the use or threat of an
action involving, inter alia, serious violence against a person or serious damage to property
where the use or threat is designed to influence the Government or to intimidate the public or a
section of the public and the use or threat is made for the purpose of advancing a political,
religious or ideological cause. The above-mentioned term “action” also includes action outside
the United Kingdom.
21. The Anti-Terrorism, Crime and Security Act 2001 extended the racially aggravated
offences contained in the Crime and Disorder Act 1998 to cover offences aggravated by religious
hostility. Furthermore, it inserted a new section 38B in the Terrorism Act 2000, making it an
offence for a person to fail to disclose information which he either knows or believes might help
prevent another person carrying out an act of terrorism or might help in bringing a terrorist to
justice in the United Kingdom. Restrictions on an individual’s association, communications or
movements can be imposed by “control orders” according to the Prevention of Terrorism Act
2005. A number of new offences were created by the Terrorism Act 2006, including the offence
of encouragement of terrorism, an offence of the preparation of terrorist acts and further terrorist
training offences. Moreover, it also extended police and investigatory powers in relation to
terrorism, such as allowing the extension of detention of terrorist suspects with judicial approval,
for up to 28 days.
22. Religious education is a required part of the curriculum in the United Kingdom. In England
and Wales, section 375 of the Education Act 1996 provides that agreed syllabuses of religious
education “shall reflect the fact that the religious traditions in Great Britain are in the main