Advocates Warn Against Federal Discrimination Override

“A religious carve out from section 17(1) will mean people with disability who experience religious-based prejudice, humiliation or bullying will have no recourse. Our rights and dignity will be taken away.” – Fiona Strahan, Disability Voices Tasmania

Advocates have called on Tasmanian political leaders to speak out against the likely override of the state’s Anti-Discrimiantion Act by the federal Religious Discrimination Bill.

Media reports indicate the upcoming federal Bill, like its first two drafts, will target Tasmania’s gold-standard discrimination law.

This is despite the federal Bill being stripped of other extreme measures such as a discrimination opt-out for religious health care professionals and the ‘Folau clause’ preventing employers taking action against demeaning conduct by employees.

The federal Bill targets Tasmania’s provision against humiliating, intimidating, insulting, ridiculing and offensive behaviour on a range of grounds including disability, race, age, gender, sexual orientation and gender identity (section 17(1) of the Anti-Discrimination Act). This behaviour would be permitted if it is in the name of religion.

Equality Tasmania spokesperson, Rodney Croome, said:

“We call on Premier Peter Gutwein, Opposition leader, Bec White, as well as Tasmania’s federal representatives from all parties, to stand up for the right of Tasmanians to make our own human rights laws.”

“Tasmania is a more tolerant and inclusive place because of our strong anti-discrimination law and it is an act of human rights vandalism for the federal government to seek to override this law.”

Mr Croome said other states’ anti-bullying laws could also be weakened by the proposed override, but that Tasmania’s will be weakened most because it sets the nation’s highest standard.

The biggest percentage of complaints under the Tasmanian provision targetted by the federal government are from people with disability.

In recent correspondence to Liberal and Labor politicians, Disability Voices Tasmania spokesperson, Fiona Strahan, said,

“Too many people with disability experience humiliating, intimidating, insulting and offensive behaviour towards us in the name of religion. People try to heal us by casting out demons, or tell us our disability is because our parents were sinners.””A religious carve out from section 17(1) will mean people with disability who experience religious-based prejudice, humiliation or bullying will have no recourse. Our rights and dignity will be taken away.”

It is expected the Religious Discrimination Bill will be introduced as early as next week.