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Submission on second exposure draft of the Religious Discrimination Bill

Citation

Hilkemeijer, A, Submission on second exposure draft of the Religious Discrimination Bill, University of Tasmania, pp. 1-15. (2020) [Report Other]


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Abstract

The enactment of the Religious Discrimination Bill (RDB) in its current form would place Australia in breach of its obligations under a number of international treaties to which it is a party, by permitting discrimination in employment on the basis of religion, sex, marital status, gender identity and sexual orientation where this accords with the organisationsí religious belief. These proposed exemptions for religious bodies in the RDB are inconsistent with international human rights law because their scope is unclear, they may be applied arbitrarily, and they do not require that the limitations on those rights be necessary and reasonable in each case. 1 The RDB exemptions for religious bodies should be re-drafted in line with the model found in European Union (EU) law. Unlike proposed and existing exemptions for religious bodies in Commonwealth law, the EU model closely implements international human rights obligations by requiring the careful balancing of human rights.

Item Details

Item Type:Report Other
Keywords:human rights, freedom of religion, discrimination law
Research Division:Indigenous Studies
Research Group:Aboriginal and Torres Strait Islander peoples, society and community
Research Field:Aboriginal and Torres Strait Islander peoples and the law
Objective Division:Law, Politics and Community Services
Objective Group:Community services
Objective Field:Ability and disability
UTAS Author:Hilkemeijer, A (Dr Anja Hilkemeijer)
ID Code:137482
Year Published:2020
Deposited By:Law
Deposited On:2020-02-17
Last Modified:2020-02-17
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