Human Rights or the Right to Discriminate?
By Bert Hetebry
The Religious Discrimination Bill, in draft form has been presented to open the way for consideration in the Parliament and Senate to ensure that those who choose to hate can do so legally.
At least that is what is looks like to this citizen. Religious schools can discriminate when employing staff, ensuring that all teachers comply with a morality standard and that will inevitably affect the way education is delivered, especially when dealing with ethics and morality.
How easy would it be to make the UN Declaration of Human Rights, which Australia was involved in setting up and is a signatory to, actually make that law. There are thirty articles in the Declaration and Article 2 is an overarching statement:
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Wow, that covers a whole lot of things to not hate in other people, to respect other people despite those differences. And when we read through the other twenty-nine articles, these areas of difference are clearly expanded on to ensure the dignity and rights of everyone we may meet on life’s journey.
So where is the problem, why must we need to consider Religious Discrimination when clearly the faith(s) we hold or do not hold are to be respected by everyone we meet as we respect the faith(s) others hold or choose not to hold? It seems the problem may well lie in the Holy Books or how these are interpreted, and interpretations enforced.
Throughout history, going back to ancient days, leaders have validated their power as being given by a higher power, a god or at times a legion of gods and have used that validation to honour some and subjugate others, to even have the power of life or death over their subjects and any who would challenge their authority. Leadership has two primary functions; that of Protector and of Provider. when we read the Holy Books, The Bible, The Koran, The Talmud, there are teachings which discriminate against those who do not fall into some pretty strict categories, dress codes are prescribed, sexual intercourse restrictions, sacrifices ordered, slaughter of other peoples prescribed to protect the legitimacy of the originator of power, the God who demands obedience. Even the killing of children, as in the plagues of Egypt (Exodus 11, 5-6), in the war against the Midianites (Numbers 31, 17-18) or in the destruction of Babylon (Psalm 137, 8-9).
As Protector, today we see this played out in the political debates where people who dare to arrive here seeking asylum through the back door, so to speak, are seen as threats and quickly removed to some remote island, being punished for daring to think we may treat them with a bit more humanity than those who they have fled from, or to build alliances with other countries, the ANZAC treaty or AUKUS, or trade relationships such as with our SE Asian neighbours.
As provider, the various cost of living issues we face, employment and renumeration in employment, the social safety net provided through pensions and other benefits for those in need.
Not much has changed through the long line of history, leadership protected and provided and when that failed, leaders were overthrown either through invading forces or internal uprisings. It is only with the rise of democracy that we see power appears to have shifted to the people who ostensibly choose their leadership. But where that leadership was validated by some god or other, or the power questioned on the basis of interpretation of the scriptures used to validate the leadership, things could get a bit nasty. Martin Luther challenging the interpretation of Catholic teaching followed by Jean Calvin’s re-interpretations and then the Anabaptists and a number of other break away teachings led to the Thirty Year War (1618-1638) where millions died as a result of different beliefs within Christianity.
The two-thousand-year discrimination of Jews because they based their faith on Old Testament teachings as Europe became Christian, homosexuals discriminated against because of their sexuality, a capital crime. Men were hanged for being gay. Enslavement of African people going back in time, seemingly forever, or the enslavement of those swept up for being on the wrong side of a war.
Dare I mention the colonial period where European technological advancement saw the taking of new territories, ‘discovering’ whole continents to provide the ever-increasing demands of a burgeoning middle class. And ‘Christianising’ the Aboriginal peoples of the newly conquered lands presenting them with the forgiving grace of a gracious God as their lands were plundered, their women raped, and men murdered.
Discrimination has been an issue as long as there are differences between people, the differences clearly stated in Article 2 of the Declaration of Human Rights. But people want to discriminate, they are fearful of difference, especially those who have positions of power and influence are fearful that their power and influence may be eroded.
A Royal Commission into Institutional Responses to Child Sexual Abuse was established in January 2013 and the findings were horrific. The very institutions which were found to be complicit in the sexual abuse of children, Christian institutions from across the spectrum of Christianity are calling for protection to discriminate. And for that we need legislation called a Religious Discrimination Bill?
I think a far better response to discrimination is to make the UN Declaration of Human Rights law in Australia.
Like what we do at The AIMN?
You’ll like it even more knowing that your donation will help us to keep up the good fight.
Chuck in a few bucks and see just how far it goes!
Your contribution to help with the running costs of this site will be gratefully accepted.
You can donate through PayPal or credit card via the button below, or donate via bank transfer: BSB: 062500; A/c no: 10495969
14 comments
Login here Register here-
Terence Mills
-
Greg March
-
paul walter
-
Clakka
-
leefe
-
andyfiftysix
-
Fred
-
Phil Pryor
-
paul walter
-
Canguro
-
B Sullivan
-
leefe
-
Clakka
-
paul walter
Return to home pageThe key issue with this anticipated legislation (which we have yet to see) is the expected repeal of the existing ability for religious educational institutions to be able to discriminate against a person on the ground of the other person’s sex, sexual orientation, gender identity, marital or relationship status or pregnancy that is how the law stands and applies to teachers and students under section 38 of the Sex Discrimination Act 1984 (Cth). Such discrimination is permitted provided it is in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.
The comprehensive report by the Australian Law Reform Commission recommends that section 38 be repealed and it seems that this is where the political ‘argy bargy’ will be and why Albanese only intends to proceed with the legislation with bipartisan support and, of course, Dutton won’t have a bar of this as he wants a very public brawl over this issue as do most religious institutions.
The ALRC Report : https://www.alrc.gov.au/wp-content/uploads/2024/03/ALRC-ADL-Final-Report-142.pdf
Sex Discrimination Act 1984 (Cth) : https://www.legislation.gov.au/C2004A02868/2017-12-09/text
A well written and thoughtful piece. Thankyou.
My context is that I’m and Anglican Priest, and that within this tradition there is, along with other religious traditions a huge variety of expressions of The Faith.
My thinking has changed over a long period of time. I have now arrived, or dare I say it “evolved”, to the position where everybody is welcome, all people are loved equally, all people have equal dignity, and all of creation is in relationship with The Holy Other. I think this is the original orthodoxy, this is the original purpose of a covenant / contract between the divine, humanity and ALL creation. Sadly human nature and the “culture wars” (from the dawn of Homo Sapiens) has an anthropocentric world view which has emerged as the winner, so far.
Sadly, my faith, belief and practice position is denigrated by those who disagree with me as being “liberal”, not biblical, not orthodox, heterodox etc. There is within the faith traditions, a kind of religious racism which to me, is completely repugnant and denies the very nature of Grace. It’s a small God. A god that does not deserve a capital letter.
Today, many have rejected any, kind of faith, any kind of spirituality, any king of practice that acknowledges a Higher Power. Consequently, I think we have arrived at a position where there is wide spread egotistical hubris and narcissism.
The problem the planet has comes from two sides of the one coin. On the one side there are people whose God is too small, and so they embody religious racism, bigotry and selective love of other people. On the other side of the coin are humanists who lack humility, and consequently adopt consumerism, nationalism and The Self as their god. Both side embody what Sam Keen speaks of as, “human chauvinism, the arrogant assumption that I belong to the only species endowed with reason and rights” (Sightings, Page 82).
My hope comes from the observation that evolution is happening, that The Higher power has an evolutionary patience, and is infinitely Grace filled, and today the best legal expression of this is the UN Declaration of Human Rights.
Pretty much fits in with the general trend.
Mushrooms,
“kept in the dark and fed on bullshit”
I am not religious,
But I find the phenomenological observation and study of religions, and amongst other things, faith and belief, fascinating.
I find the article and comments by Terence and Greg interesting and reasonable, albeit, I’m not so sure about rendering the nuances and complexities to a … two sides of the one coin … paradigm. Particularly because the two sides are expressed via specific biases that are not universal to the .. problem the planet has … , or for that matter either side of the said coin.
I cannot help but observe that rather than settle differences and misunderstanding by dialogue bringing to bear human sameness and in a planetary perspective a sense of equity and equilibrium for all life forms, there has developed, in a quest for power and dominion, a sophistry and word-salad dedicated to fear of difference, and a hostility towards otherness. And in this regard, the words and messages of inaudible and invisible god(s) are promulgated as a mere convenience.
It would appear that the fear of no identity, or obliteration of the self, and the prop of associations and alignments, and comparison via biases, all feed the ego, and create an irresolvable circularity of logic, and after-life redemption (or not). A phenomenon used by the beguilers since the year dot. And is why, in today’s ‘culture wars’, the divisive lever of individual independence (a myth) is the common fundamental abuse used.
“Today, many have rejected any, kind of faith, any kind of spirituality, any kind of practice that acknowledges a Higher Power. Consequently, I think we have arrived at a position where there is wide spread egotistical hubris and narcissism.”
Given the egotistical hubris and narcissism necessary to insist that one knows the actual and ultimate truth of existence, I – as an athiest with a profound tendency to agnosticism (purely because I distrust extremes and absolutes) – find this both hypocritical and insulting. You do not need faith in any higher power to have empathy, compassion, generosity and ethics. Nor does that belief guarantee the existence of such things in any individual.
The solution is self evident. Let them discriminate but then make them pay taxes and get no funding for their activities. I am sure the government will make billions in savings and tax collections.
They make the decision, money or bigotry. Call their bluff. They are not above the law, no matter which small minded god they pray to.
I know which way they will jump…….follow the money.
Leefe: Hear, hear.
Leefe has fellow thinkers who are alike. I’m “not an atheist” by conscious self description, but in my youth, lost an ability to accept the existence of some -one or -thing which did not exist. No god of the abrahamic type has ever been seen, no photo, no DNA, no fingerprints or voice print, no proven personal appearance, no police description, Probably no file with KGB, CIA or similar, NOTHING. And, they all know that all the others are wrong, because they all are wrong. And they have fought, murdered, slain, captured, enslaved, thieved, occupied, humiliated, declared themselves righteous, chosen, saved, blessed, rare and holy. Poo. But, this immense body of fakery, fraud, fable, fantasy, fiction and foolery will likely never be eliminated.
Whichever way, you don’t get to find out till after you kark, and there is some chance you wont get know anyway.
Seriously, no one has been able to prove one way of another as to a “being”, but agree with spirit and am not averse to the idea of a higher power- we will find out soon enough, if not already, given good luck and a reasonable life.
People always blame “god” when things don’t go their way, but claim kudos if they actually get some thing “right”.
As for “spirit”, I think there is a such a thing, and if your footy side is down at the break and comes back hard…vindication. What is “spirit”?
Spirit seems to get things done when a back is against a wall.
I admire spirit in others and a god of my understanding would likely do better.. no adversariality whatsoever.
Now, on to other things.
A complete, sincere lack of apologies to anyone who takes their religiosity seriously, including those to whom the issue is of such profound importance that they’ve devoted their whole of life’s activities to the subject, donned costumes, pronounced themselves as God’s mouthpiece, critiqued and condemned on behalf of their chosen master, denounced or affirmed as the case may have been, involved themselves in good works, or in equally many cases, works of incalculable damage to others, held out their hands and supplicated their flocks to fill them with money; it’s a very odd profession when you come to examine it closely… one that I’d run away as fast as I could if the moment arose when I was confronted with an individual who claimed to have a special relationship with an unseen cosmic deity and that he – the individual – could intercede on my behalf and enlighten me into the deity’s esoterica, thus, presumably, confirming my suspicion that the intermediary assumed me to be an ignoramus and he, and he only, a specialist on this topic of being a spokesperson for the deity in question. It’s pretty weird & wacky, when you come to have a good look at the whole topic.
Here’s George Carlin, whose take on the subject is about as much as you need to know…
Faith is the currency of the conman. The confidence trickster, who plays on people’s desires to accept without knowing. Confidence means with faith. Faith is the leap in the dark of ignorance. It is worse than ignorance, which is not knowing. It is a the willingness to celebrate ignorance and avoidance of the truth just to maintain whatever the faith wishes to assert. Without ignorance faith is not possible. You cannot have faith in something that you know is true. Faith demands the uncertainty of not knowing. Those who are bound by faith are called religious. The are not prisoners of conscience. Those are people who are bound by what they know. Conscience means with knowledge. Note how politicians are always on about restoring public confidence in their shonky institutions. They never say we must restore public conscience. Because then the public would be aware of faults in the system that the politicians are unwilling to fix. Have faith, trust us, stay in the dark, do not question. When ignorance triumphs, only then can confidence be restored.
What is there to respect about faith? Why should anybody be obliged to respect wilful indulgence in ignorance especially when it is espoused as the sole justification for some asserted opinion?. Faith may not be the source of all evil, but it lies behind all evils and is the means by which all evils are maintained and justified.
Do not ask me to respect faith. There is no moral justification for such a demand.
Suly:
A line from Solzhenitsyn I keep recalling : “To do a great evil requires only a great belief.”
Faith and belief clubs seem to be collectives of agreements to benefit themselves by conspiring against and corrupting truth and the tangible.
Purely commercial enterprises that conspire to pay no taxes and operate outwith the law of the land.
Canguro, thanks for the George Carlin enlightenment 🙂 The sun’s not out, so I guess I’ll have to seek George Pesci.
Seems to have a real problem with Joe Pesci. God knows what he must think of Danny DeVito.
I am told it only works when it is offered up for others, but people are not outwards looking, usually do not not give a shit for “the other”.
“self first, then self, then self again”, Is it all about fear, reactivity and narcissism; why would any self respecting God be conned by in breeds like the human species. Vulnerability and “lack” seem part of the human condition. I’d follow Epicurus to a point. Don’t hassel or blame god, be glad for him/her- ok, doing fine, why burden god with our miserable self absorption when the deity is better off a away from us.
Instead, look after the business of the day: find value and meaning in the here and now. Help a little old lady across the street, listen to someone having a bad time, buy your unfortunate broke mate a pie, remembering the sauce- anything off “self” toward something bigger. Not about “me”, A glance and there is something bigger and better, truly amazing for the time for a glance…my analogy would be Prof Brian Cox the cosmologist from the ABC docos on the universe…if one of those documentaries doesnt get a person off “self” in wonderment, I don’t know what would
“More things in heaven and hell
than meet your philosophy, Horatio”- Hamlet