Religious freedom and the ‘right to discriminate’ in the school admissions context: a neo-republican critique

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.

2009 ◽  
Vol 4 (2-3) ◽  
pp. 137-156 ◽  
Author(s):  
Lucy Vickers

AbstractThis article considers the extent to which the right to freedom of religion of teachers is adequately protected in English schools under the Employment Equality (Religion and Belief) Regulations 2003 and the Schools Standards and Framework Act 1998. It first considers the context in which religious schools operate, then considers the legislation that protects the religious freedom of teaching and non-teaching staff in state schools. It concludes that the legislative framework provides inadequate protection for the right of teachers to enjoy freedom of religion and belief, and, further, that the protection may not comply with EU standards protecting employees against religious discrimination.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


2021 ◽  
Vol 28 (1) ◽  
pp. e100320
Author(s):  
Vahid Garousi ◽  
David Cutting

ObjectivesOur goal was to gain insights into the user reviews of the three COVID-19 contact-tracing mobile apps, developed for the different regions of the UK: ‘NHS COVID-19’ for England and Wales, ‘StopCOVID NI’ for Northern Ireland and ‘Protect Scotland’ for Scotland. Our two research questions are (1) what are the users’ experience and satisfaction levels with the three apps? and (2) what are the main issues (problems) that users have reported about the apps?MethodsWe assess the popularity of the apps and end users’ perceptions based on user reviews in app stores. We conduct three types of analysis (data mining, sentiment analysis and topic modelling) to derive insights from the combined set of 25 583 user reviews of the aforementioned three apps (submitted by users until the end of 2020).ResultsResults show that end users have been generally dissatisfied with the apps under study, except the Scottish app. Some of the major issues that users have reported are high battery drainage and doubts on whether apps are really working.DiscussionTowards the end of 2020, the much-awaited COVID-19 vaccines started to be available, but still, analysing the users’ feedback and technical issues of these apps, in retrospective, is valuable to learn the right lessons to be ready for similar circumstances in future.ConclusionOur results show that more work is needed by the stakeholders behind the apps (eg, apps’ software engineering teams, public-health experts and decision makers) to improve the software quality and, as a result, the public adoption of these apps. For example, they should be designed to be as simple as possible to operate (need for usability).


2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?


UK Politics ◽  
2021 ◽  
pp. 171-191
Author(s):  
Andrew Blick

This chapter starts with a definition of the term ‘referendum’. A referendum is a means of involving the public in political decisions via voting on specific issues such as leaving the European Union. The chapter focuses on the use of referendums at the local level. It sets out the key features of a referendum. Who is allowed to vote in referendums? What sort of questions are put to voters? Under want circumstances should a referendum take place on specific issues? What are the risks associated with holding a referendum? The chapter also looks at regulations surrounding referendums in the UK. The theoretical considerations that the chapter examines are the fact that a referendum subject tends to be controversial, the relationship between referendums and direct democracy and the implications of the results.


2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Jonathan Pugh

Abstract In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.


Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.


2017 ◽  
Vol 10 (1) ◽  
pp. 169
Author(s):  
Felix Barbosa Carreiro

Cabe ao Estado garantir o direito a uma educação pública com qualidade socialmente referenciada. A julgar pelos indicadores educacionais publicados a partir dos resultados do Índice de Desenvolvimento da Educação Básica (Ideb), esse direito, no que se refere ao acesso, à permanência e ao sucesso escolar dos alunos que frequentam as escolas públicas, não está sendo sufi cientemente garantido. Apontamos como causa desse fracasso escolar a inexistência de políticas públicas educacionais focadas na aprendizagem escolar. Vale lembrar que as escolas públicas que apresentam o Ideb para além da meta, não significam necessariamente qualidade da educação. Reconhecemos que as avaliações em larga escala têm a potencialidade de subsidiar as políticas em educação com vistas à melhoria dos indicadores de qualidade do ensino e da aprendizagem, sobretudo quando os resultados são problematizados e sistematizados pelos sistemas educacionais e pelas escolas. Compreendemos que a qualidade na educação pública implica a efetivação da aprendizagem, ou seja, que o aluno aprenda, seja aprovado tenha garantido um futuro promissor. No contexto de uma escola pública de orientação emancipadora, é preciso que algumas condições objetivas sejam satisfeitas, a saber: gestão escolar democrática, compromisso docente com a escola pública, razoabilidade da infraestrutura escolar, materiais pedagógicos adequados consolidação das mediações escolares de participação.Palavras-chave: Qualidade. Educação. Escola pública.Elements for a public education with social qualityABSTRACTIt is the State’s responsibility to ensure the right of a public education with quality socially acknowledged. Judging by the educational indicators published as from The Brazilian Education Development Index (Ideb), this right, in relation to the access, the stay, and the school success of the students that attend the public schools, are not being suffi ciently guaranteed. We point as the cause of this school failure the lack of educational public policies focused in school learning. It is worth remembering that the public schools that present the Ideb above the target do not necessarily mean educational quality. We recognize that the evaluations of large scale have the potential of subsidizing the policies in education in order to the improvement of learning and teaching quality indicators, mainly when the results are questioned and systematized by the educational systems and the schools. We understand the quality in public education implies the learning realization, in other words, that the student learn, can be approved, and ensure a promising future. In the context of a public school with na emancipating orientation, it is necessary that some objective conditions must be satisfied, such as a democratic school management, teaching commitment with the public school, the reasonableness of the school infrastructure, appropriate teaching materials, and the consolidation of the educational mediations of the participation.Keywords: Quality. Education. Public School.Elementos para una educación pública con calidad socialRESUMENPuede el Estado garantizar el derecho a una educación pública con calidad socialmente valorada. A juzgar por los indicadores educacionales publicados a partir de los resultados del Índice de Desarrollo de la Educación Básica (IDEB), ese derecho, en lo que se refi ere al acceso, a la permanencia y al éxito escolar de los alumnos que frecuentan las escuelas públicas, no está siendo suficientemente garantizado. Apuntamos como causa de ese fracaso escolar a la inexistencia de políticas públicas educacionales enfocadas en el aprendizaje escolar. Es preciso recordar que las escuelas públicas que presentan el IDEB como meta, no significa necesariamente calidad de educación. Reconocemos que las evaluaciones a gran escala tienen la potencialidade de subsidiar las políticas de educación con vistas a el mejoramiento de los indicadores de calidad de la enseñanza y del aprendizaje, sobretodo cuando los resultados son planteados y sistematizados por los sistemas educacionales y por las escuelas. Comprendemos que la calidad de la educación pública implica la efectividad del aprendizaje, osea, que el alumno aprenda, sea aprobado y tenga garantizado un futuro prometedor. En el contexto de una escuela pública de orientación emancipadora, es preciso que algunas condiciones objetivas sean satisfechas, a saber: gestión escolar, infraestructura escolar, materiales pedagógicos adecuados, consolidación de las mediaciones escolares de participación.Palabras Clave: Calidad, Educación, Escuela Pública.


2020 ◽  
Vol 124 (1280) ◽  
pp. 1495-1522
Author(s):  
A. Scaperdas ◽  
D. Howson

ABSTRACTThe background and rationale for the research reported in this paper is detailed in the companion paper subtitled Part A: Modelling the on-deck helicopter Reserve of Stability (ROS).This paper (Part B) derives the fundamental principles underpinning the safe operational envelope and the definition of Motion Severity and Wind Severity Indices (MSI/WSI), and then presents the probabilistic modelling methodology developed for calculating safe limits for these parameters (MSI/WSI limits curves). The introduction of the Relative Wind Direction (RWD) as an additional limiting parameter is also discussed, together with an explanation of how RWD limits have been derived and how they are linked with the MSI/WSI limits calculation.The MSI/WSI limits modelling methodology presented in this paper builds on the analytical helicopter stability modelling discussed in Part A. It uses a probabilistic approach to manage the variability in helicopter operations across the UK and to deal with the uncertainty of predicting helideck motion and wind conditions for the period the helicopter is landed on the helideck based on measurements taken prior to landing. This has been developed with the assistance of industry experts and has been subjected to consultation with stakeholders in the UK with the aim of identifying the right balance between enhancing safety and preserving operability.A new Helideck Monitoring System (HMS) standard has been developed which incorporates the MSI/WSI/RWD functionality. The standard was published by the Helideck Certification Agency in April 2018 with a compliance date of 31 March 2021. Operations to moving decks not equipped with HMS meeting the new standard will be restricted to stable helideck conditions.


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