| Summary: | This is a report of research carried out for the Equality and Human Rights Commission on 'religion or belief, equality and human rights in England and Wales'. The report identifies and provides analysis of conflicts arising from: competition between substantive legal and human rights e.g. cases concerning religious symbols or clothing in the public sphere; competing claims relying on protection from discrimination on different grounds e.g. religion/belief and gender or sexual orientation; the justification for interference with the right to freedom of religion on grounds of protecting the rights and freedoms of others e.g. in relation to public safety , national security or resource availability; and the use of proportionality and reasonableness in the application of equality and human rights law. We start from the assumption that it is undesirable to construct a hierarchy between rights or equality grounds; rather, the imperative is to identify creative, non-legal approaches, and non–threatening entry points into potentially divisive issues, that might resolve or preempt conflicts in a principled way. Our research also examines the role of community mediation practices and workplace-based approaches and implementation in public services (including equality duties and human rights). We identify examples of effective practice and guidance (and gaps in guidance) and consider preemptive actions to mitigate potential conflicts.
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