Equality, its appropriate definition, and its attainment, has always been considered a foundational concept for the liberal state. In theory, the government is as committed to diversity as it is to equality, though the former often tends in practice to be overlooked. It has been at the heart of government policy in the 1990s and the 2000s, with reports and consultations on equality in relation to discrimination. Christians have been actively involved in campaigns for equality, supporting affirming legislation and criticising legislation that appears to lessen equality.
In the UK, the dominant model used to frame law is that of formal equality – ‘treat like alike’, thus treat all persons in the same way. But the law does not confer upon groups of people identified by legislation the right to be treated equally in all circumstances, only in some. Significantly, the law does not ‘walk the extra mile’ that the Christian is called to walk; it does not extend respect and equal treatment to all in all circumstances.
The practical aspects of equality are of great importance and the government and courts are usually taken up with finding the ‘correct’ balance between competing human rights. With particular regard to religious discrimination, this implies freedom of discrimination in relation to employment opportunities, regardless of whether the person projects a particular religious identity through belief, behaviour, dress or the wearing of other symbols connected to religious belief.
The implementation of the notion of a positive duty to promote equality marks an important turn from reactive legislation to proactive legislation; in current usage, ‘equality’ has been mainstreamed. All activity at the political, legal and social policy end of the spectrum of action is considered in relation to whether it enhances equality. The imposition of positive duties changes the landscape of discrimination law. The focus is no longer on the perpetrating individual, or indeed the aggrieved on a case by case analysis, but on organisations which are now under a duty to promote equality. The duty is proportionate to the resources genuinely at the disposal of the body, but all policies must be screened for their disparate impact and/or their ability to promote equality. These bodies must take the initiative in assessing how their policies and programmes could affect discrete groups. Furthermore, their responses must be monitored and evaluated.
The Evangelical Alliance has been engaged in campaigns to ensure society is free of racial hatred, but has raised concerns at the type of anti-hate legislation proposed. Indeed, the Alliance campaigned before any attempts to legislate to outlaw hatred. There is a long tradition from the Council of Jerusalem onwards of Christians involved in the struggle for racial justice. In the 19th century in the UK this was seen in the campaigns against slavery. In the 20th century as well as the 21st the evangelical tradition continues to work towards equality in a range of areas and specifically in relation to racial justice and can be found particularly active in the areas of immigration and refugees and asylum seekers. The Evangelical Alliance’s submission in response to the government white paper, Secure Borders, Safe Haven broadly welcomed government proposals to reform asylum and immigration law in the UK, and in particular measures to protect those fleeing persecution and with regard to those seeking work in the UK.
Touching upon the issue of asylum, the Evangelical Alliance reiterated that it was acutely aware of the continuing debate in the UK about whether Britain should be seen as a sanctuary or a ‘soft touch’. But they reminded the government that Britain does have a responsibility to those fleeing persecution. They also suggested that government should consider joined up policies, in terms of aid and development packages for countries that are experiencing economic migration to the UK. By giving micro-loans to those at risk of leaving, perhaps the UK can actually make it easier for potential economic migrants to stay in their own communities, which some may well prefer to do.
The government’s commitment to work internationally to ensure co-operation was warmly welcomed. It is important that asylum seekers are dealt with quickly and efficiently, but, while the system must be workable compassion for the individual must not be lost. Therefore it is vital that any list of ‘safe countries’, whether official or unofficial, is flexible enough to change if and when it is necessary. With regard to categorisation of ‘safe’ and unsafe’ countries, in some so-called ‘safe’ countries there can still be widespread persecution of minority groups. The UK government must be open and welcoming to such groups, even if good relations exist with the government of the nation concerned.
Concerns remain, however, that freedom of speech and freedom to proselytise could be struck down by those allowed to allege that speaking about Christianity denies other religions and can therefore be classified as hatred. The Evangelical Alliance has also been involved in wide-ranging consultation in relation to the new Commission for Equality and Human Rights. It fears not only the provisions relating to religion will be marginalised, but that the religion strand of the new single equality body will be subsumed under a dominant secular worldview. There can in fact be a difficult line to be drawn in this area since legislation can make it very difficult for evangelicals to maintain both the law and the integrity of their faith position.
