Public law special study Essay Example | Topics and Well Written Essays - 3000 words

Public law special study - Essay pillowcaseThis is an approach consistent with the asymmetry thesis. The asymmetry thesis, takes the position that the imposing sex favouritism prohibitions on faiths would amount to excessive restraints on freedom of religion.4 International faculty member debate centres round either defending or attacking the asymmetry thesis.5 This paper argues that the liberalized thinking occupying world(prenominal) debate is more suited to resolving the tensions betwixt sexuality-based equalities and faith-based equalities. Liberalized thinking in todays egalitarian society argues that neither religious nor quasi-religious beliefs have a role to play in shaping the parameters of civic duty and democratic participation.6 This paper analyses the tensions implicit in sexuality-based equalities and faith-equalities by reference to both British case law and in the context of international academic debate. ... previous statutes defining and regulating the states o bligation to ensure equal treatment and protection of the law for all citizens regardless of race, gender, sexuality, religion, disability, nationality and so on.7 In particular, sexuality, gender and religion are protected characteristics within the ambit of the 2010 characterization.8 Freedom of religion is likewise statutorily protected in the UK by virtue of the Human Rights Act 1998 which incorporates the European Convention on Human Rights 1953 (Hereinafter ECHR).9 Article 9 of the ECHR provides that all citizens have the right to freedom of thought, conscience and religion as well as the right to observe, practice, teach, worship and manifest his religion or belief.10 Article 9(2) however goes on to impose conditions to freedom of religion by providing that the freedom of religion is limitations imposed by law ...And are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rig hts and freedom of others.11 The Court of Appeal explained the importance of Article 9(2) of the ECHR in Ladele v Islington. In this case there was a conflict in competing equality claims sexuality-based and faith-based equalities. On the facts of the case a registrar who professed to be a Christian declined to register a civil partnership between a same-sex jibe on the grounds that same-sex partnerships were against her religious beliefs. The Court of Appeal, in considering Article 9(2) of the ECHR held that the law recognizes that in a modern democratic society it is necessary to prohibit discrimination with respect to the delivery of goods, facilities and services on the grounds of sexual orientation with only exceptional