Status of religious freedom in the United Kingdom
Encyclopedia
The right to Freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character
, and there is no state church for the whole kingdom. The United Kingdom is a signatory to the European Convention on Human Rights
(ECHR), which provides in Article 9 a right to freedom of thought
, conscience, and religion; and the policy of the British government is to support religious freedom. However, the issue of absolute religious freedom has become contentious with the onset of the War on Terror
.
(HRA), within which Article 9 (for the right to freedom of religion, etc.) of the ECHR is adopted as a "right and fundamental freedom". The HRA gives further effect in UK law tothe rights for religious freedom afforded by the ECHR, and to make available in UK courts a remedy for breach of those Convention rights without the need to go to the European Court of Human Rights
in Strasbourg.
The United Nations Human Rights Committee, a sub-body of the General Assembly, also resolved in General comment 22 on 30 July 1993 that the right to freedom of religion applies to unconventional or extra-institutional religions, as well as atheist or anti-clerical beliefs:
of previously independent states from 1707, most of the largest religious groups do not have UK-wide organisational structures.
, and the Supreme Governor
of the church is the British Monarch
. In Scotland, the role of the Church of Scotland
is formalised in law, primarily by the Church of Scotland Act 1921
. However, the law provides for the church as the national church, but not the state church. In Wales (with the exception of a few border parishes excepted from the Welsh Church Act 1914
) or in Northern Ireland (under the Irish Church Act 1869). Establishment of the Church of England, however, does extends to the Isle of Man and to the Channel Islands. In the Church of England bishops and some clergy are appointed by processes involving the Monarchy and certain historic government departments (e.g. the Lord Chancellor's office) but the state plays no formal role in the appointment of other religious leaders.
decrees that the monarch of the United Kingdom "shall join in communion with the Church of England". This act was specifically designed to prevent a Catholic monarch from ascending to the throne, but in effect discriminates against all religions other than Protestantism
. Members of the Royal family in line of succession who marry a Roman Catholic (though not adherents of other denominations or faiths) are excluded from the succession.
was repealed in 2008. The last person to be imprisoned for blasphemy in the UK was John William Gott in 1922, for comparing Jesus Christ
to a clown
. The next blasphemy case was in 1976, when Mary Whitehouse
brought a private prosecution (Whitehouse v. Lemon
) against the editor of Gay News
for blasphemous libel after he published a poem by James Kirkup
called The Love That Dares Speak Its Name. Denis Lemon was given a nine month suspended sentence and a £500 fine for publishing the "most scurrilous profanity" which portrayed the sexual love of a Roman centurion for the body of Christ on the cross. The sentence was upheld on appeal.
In this appeal case, Lord Scarman held that the modern law of blasphemy was correctly formulated in Article 214 of Stephen's Digest of the Criminal Law, 9th edition (1950). This states as follows:
In 1996 the European Court of Human Rights
(case #19/1995/525/611) upheld a ban on Visions of Ecstasy, an erotic video about a 16th century nun, based on the video infringing on the blasphemy law. The Court estimated that a limited ban on vulgar or obscene publications that would be offensive to believers, while keeping legal the criticism of religion, was compatible with the principles of a democratic society.
On May 8, 2008 the offence of blasphemy was abolished. However, some acts that were once viewed as blasphemous may now be prosecutable under other legislation, such as the Public Order Act 1986
as amended by the Racial and Religious Hatred Act 2006
.
is applied equally to religious-based and secular adoption agencies. The Catholic adoption agencies unsuccessfully attempted to negotiate a compromise that would include an exemption for religious-based agencies, which would have allowed them to continue to facilitate adoption for opposite-sex parents only.
from Islington
, London
, took her employer, Islington London Borough Council
, to the London Central Employment Tribunal
, with the financial backing of the Christian Institute
. Ladele had refused to conduct civil partnerships
on religious grounds, and following complaints from other staff she was disciplined under the Council's Fairness for All policy. Ladele claimed she had been subject to direct and indirect discrimination, and harassment in the workplace, on grounds of her religion. In July 2008, the tribunal found in Ladele's favour, however this ruling was overturned by the Employment Appeal Tribunal
in December, 2008.
In 2011 a judge ruling on a bed and breakfast refusing to accommodate unmarried couples found in favor of a gay couple under the Equality Act 2010 but allowed an appeal, commenting that the ruling: 'does affect the human rights of the defendants to manifest their religion'.http://www.christian.org.uk/news/judge-rules-against-christians-in-bb-case-but-allows-appeal
Religion in the United Kingdom
Religion in the United Kingdom and the states that pre-dated the UK, was dominated by forms of Christianity for over 1,400 years. Although a majority of citizens still identify with Christianity in many surveys, regular church attendance has fallen dramatically since the middle of the 20th century,...
, and there is no state church for the whole kingdom. The United Kingdom is a signatory to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(ECHR), which provides in Article 9 a right to freedom of thought
Freedom of thought
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints....
, conscience, and religion; and the policy of the British government is to support religious freedom. However, the issue of absolute religious freedom has become contentious with the onset of the War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
.
European Convention on Human Rights
The ECHR guarantees in Article 9 that subjects will have:Human Rights Act
The ECHR is given binding weight in the United Kingdom by s. 1 ss. (1)(a) of the Human Rights Act 1998Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
(HRA), within which Article 9 (for the right to freedom of religion, etc.) of the ECHR is adopted as a "right and fundamental freedom". The HRA gives further effect in UK law tothe rights for religious freedom afforded by the ECHR, and to make available in UK courts a remedy for breach of those Convention rights without the need to go to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in Strasbourg.
United Nations General Assembly
In Article 18 of the International Covenant on Civil and Political Rights, which was adopted by the United Nations General Assembly in resolution 2200A (XXI) on 16 December 1966, the UN resolved that:The United Nations Human Rights Committee, a sub-body of the General Assembly, also resolved in General comment 22 on 30 July 1993 that the right to freedom of religion applies to unconventional or extra-institutional religions, as well as atheist or anti-clerical beliefs:
History
Due to the United Kingdom having been formed by the unionPolitical union
A political union is a type of state which is composed of or created out of smaller states. Unlike a personal union, the individual states share a common government and the union is recognized internationally as a single political entity...
of previously independent states from 1707, most of the largest religious groups do not have UK-wide organisational structures.
State churches
The established (or state) church is not consistent between the territories of the United Kingdom. In England, the state church is the Church of EnglandChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, and the Supreme Governor
Supreme Governor of the Church of England
The Supreme Governor of the Church of England is a title held by the British monarchs which signifies their titular leadership over the Church of England. Although the monarch's authority over the Church of England is not strong, the position is still very relevant to the church and is mostly...
of the church is the British Monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
. In Scotland, the role of the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
is formalised in law, primarily by the Church of Scotland Act 1921
Church of Scotland Act 1921
The Church of Scotland Act 1921 is an Act of the British Parliament, passed in 1921. The purpose of the Act was to settle centuries of dispute between the British Parliament and the Church of Scotland over the Church's independence in spiritual matters...
. However, the law provides for the church as the national church, but not the state church. In Wales (with the exception of a few border parishes excepted from the Welsh Church Act 1914
Welsh Church Act 1914
The Welsh Church Act 1914 is an Act of the Parliament of the United Kingdom under which the Welsh part of the Church of England was separated and disestablished, leading to the creation of the Church in Wales...
) or in Northern Ireland (under the Irish Church Act 1869). Establishment of the Church of England, however, does extends to the Isle of Man and to the Channel Islands. In the Church of England bishops and some clergy are appointed by processes involving the Monarchy and certain historic government departments (e.g. the Lord Chancellor's office) but the state plays no formal role in the appointment of other religious leaders.
Monarchy
The Act of Settlement 1701Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
decrees that the monarch of the United Kingdom "shall join in communion with the Church of England". This act was specifically designed to prevent a Catholic monarch from ascending to the throne, but in effect discriminates against all religions other than Protestantism
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
. Members of the Royal family in line of succession who marry a Roman Catholic (though not adherents of other denominations or faiths) are excluded from the succession.
Blasphemy law
The common law offence of blasphemyBlasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
was repealed in 2008. The last person to be imprisoned for blasphemy in the UK was John William Gott in 1922, for comparing Jesus Christ
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
to a clown
Clown
Clowns are comic performers stereotypically characterized by the grotesque image of the circus clown's colored wigs, stylistic makeup, outlandish costumes, unusually large footwear, and red nose, which evolved to project their actions to large audiences. Other less grotesque styles have also...
. The next blasphemy case was in 1976, when Mary Whitehouse
Mary Whitehouse
Mary Whitehouse, CBE was a British campaigner against the permissive society particularly as the media portrayed and reflected it...
brought a private prosecution (Whitehouse v. Lemon
Whitehouse v. Lemon
Whitehouse v. Lemon is a 1976 court case involving the blasphemy law in the United Kingdom.- Facts :James Kirkup's poem The Love that Dares to Speak its Name was published in the 3 June 1976 issue of Gay News...
) against the editor of Gay News
Gay News
Gay News was a pioneering fortnightly newspaper in the United Kingdom founded in June 1972 in a collaboration between former members of the Gay Liberation Front and members of the Campaign for Homosexual Equality...
for blasphemous libel after he published a poem by James Kirkup
James Kirkup
James Falconer Kirkup, FRSL was a prolific English poet, translator and travel writer. He was brought up in South Shields, and educated at South Shields Secondary School and Durham University. He wrote over 30 books, including autobiographies, novels and plays...
called The Love That Dares Speak Its Name. Denis Lemon was given a nine month suspended sentence and a £500 fine for publishing the "most scurrilous profanity" which portrayed the sexual love of a Roman centurion for the body of Christ on the cross. The sentence was upheld on appeal.
In this appeal case, Lord Scarman held that the modern law of blasphemy was correctly formulated in Article 214 of Stephen's Digest of the Criminal Law, 9th edition (1950). This states as follows:
In 1996 the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(case #19/1995/525/611) upheld a ban on Visions of Ecstasy, an erotic video about a 16th century nun, based on the video infringing on the blasphemy law. The Court estimated that a limited ban on vulgar or obscene publications that would be offensive to believers, while keeping legal the criticism of religion, was compatible with the principles of a democratic society.
On May 8, 2008 the offence of blasphemy was abolished. However, some acts that were once viewed as blasphemous may now be prosecutable under other legislation, such as the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
as amended by the Racial and Religious Hatred Act 2006
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
.
Adoption agencies
The Equality Act 2006Equality Act 2006
The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands...
is applied equally to religious-based and secular adoption agencies. The Catholic adoption agencies unsuccessfully attempted to negotiate a compromise that would include an exemption for religious-based agencies, which would have allowed them to continue to facilitate adoption for opposite-sex parents only.
Education
Several university student associations have implemented rules that require affiliated groups to allow "anybody, regardless of faith, ethnicity or sexuality, to sit on their ruling committees and to address their meetings." However some Christian Unions say they should be allowed to require that their ruling committees share their beliefs.Service provision
In May 2008, Lillian Ladele, a registrarRegistrar General
General Register Office, in England and Wales, Scotland, Ireland, and many Commonwealth nations, is the government agency responsible for civil registration - the recording of vital records such as births, deaths, and marriages...
from Islington
Islington
Islington is a neighbourhood in Greater London, England and forms the central district of the London Borough of Islington. It is a district of Inner London, spanning from Islington High Street to Highbury Fields, encompassing the area around the busy Upper Street...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, took her employer, Islington London Borough Council
Islington London Borough Council
Islington London Borough Council is the local authority for the London Borough of Islington in Greater London, England. It is a London borough council, one of 32 in the United Kingdom capital of London. Islington is divided into 16 wards, each electing three councillors...
, to the London Central Employment Tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
, with the financial backing of the Christian Institute
Christian Institute
The Christian Institute is a British evangelical Christian pressure group. The CI promotes a Conservative Christian viewpoint, founded on the belief that the Bible is inerrant and should be the authority on all of life...
. Ladele had refused to conduct civil partnerships
Civil partnerships in the United Kingdom
Civil partnerships in the United Kingdom, granted under the Civil Partnership Act 2004, give same-sex couples rights and responsibilities identical to civil marriage...
on religious grounds, and following complaints from other staff she was disciplined under the Council's Fairness for All policy. Ladele claimed she had been subject to direct and indirect discrimination, and harassment in the workplace, on grounds of her religion. In July 2008, the tribunal found in Ladele's favour, however this ruling was overturned by the Employment Appeal Tribunal
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...
in December, 2008.
In 2011 a judge ruling on a bed and breakfast refusing to accommodate unmarried couples found in favor of a gay couple under the Equality Act 2010 but allowed an appeal, commenting that the ruling: 'does affect the human rights of the defendants to manifest their religion'.http://www.christian.org.uk/news/judge-rules-against-christians-in-bb-case-but-allows-appeal