Okay, that’s possibly overstating it slightly. But we posted in July about the worrying decision of the UK’s Equality and Human Rights Commission to intervene in four cases being taken to the European Court of Human Rights. These cases involved
- Being forbidden to wear a cross at work (Eweida, Chaplin);
- Being required to perform a public service without discriminating against gay people (McFarlane, Ladele).
In all four cases, UK courts had found that there was no discrimination on grounds of religion, and the EHRC’s press release suggested it was equally critical of the UK courts’ positions in all four cases. But now – vindication! – it has apparently changed its position. The full consultation document is on the EHRC website, and says,
We propose to intervene in:
- Eweida and Chaplin on the basis that the Courts may not have given sufficient weight to Article 9(2) of the Convention.
- Ladele and Mcfarlane on the basis that the domestic courts came to the correct conclusions.
If you feel strongly about this, do respond to the consultation *by 5 September* to support the EHRC’s new position. I shall certainly be doing so.