09 March 2013
Recently the Australian Government acted to ban the discrimination practices of churches that run aged care facilities. In a great step towards equality for older gay couples who have been rejected from such facilities, this new bill would allow churches to be sued for discriminatory practices against patients within their institutions. However, in one giant leap backwards, the bill still allows religiously-run facilities to use discriminatory hiring policies.
While the current finely-balanced federal parliament supports these measures overall, the opposition Coalition party rejects the bill, stating that it is a “back-door attempt” at allowing a human rights bill into parliament. There has also been opposition from bishops and religious institutions, claiming that the bill restrains their freedom of religion.
It has now emerged that the committee behind the bill attempted to add clauses that would make it unlawful to ‘offend’ or ‘insult’ a person (these clauses have been removed after a backlash) and the exemption that permits religious institutions to use discriminatory hiring practices has been subject to criticism. These aspects of the bill have worried several human rights groups within Australia, which have noted that several sections of the bill may contravene international human rights law.
That this bill has been drafted without consideration to its compatibility with international human rights principles is concerning. This bill is intended to consolidate five pieces of current anti-discrimination legislation, but it does not appear that it will adequately protect our population from discrimination within both public and religious institutions.