Public statement: Religious rights and protections under Victorian Law

Over the last week there has been considerable discussion across the media and within communities about issues relating to religious discrimination and the protection and promotion of individual rights in an increasingly diverse and secular society.

As an independent statutory agency responsible for protecting and promoting human rights in Victoria, the Commission is an advocate for the promotion and protection all rights, including freedom of thought, conscience, religion and belief, and freedom from discrimination on the basis of religious belief or activity. Religion can play an important role in the lives of individuals and this freedom is a key feature of contemporary society and human rights law.

Victorian law protects an individual’s right to hold a religious belief and to practice that belief free from discrimination and vilification:

• The Equal Opportunity Act 2010 makes it unlawful to discriminate against a person in certain areas of public life based on ‘religious belief or activity’.
• The Racial and Religious Tolerance Act 2001 prohibits religious vilification.
• The Charter of Human Rights and Responsibilities Act 2006 protects the freedom of thought, conscience, religion and belief by recognising the right to have or adopt a religion or belief and demonstrate that religion or belief in worship, observance, practice and teaching.

The Commission can and does receive and conciliate complaints of religious discrimination or vilification that arise under the Equal Opportunity Act or Racial and Religious Tolerance Act, and we encourage anyone who has concerns that they may be experiencing discrimination to contact us.

The Commission is also on record as advocating for the strengthening of vilification provisions as well as supporting the introduction of protection against religious discrimination at a federal level. We have called for legislation to be developed to provide religious discrimination protections in a similar way that existing state and territory anti-discrimination laws do.

At the same time, it holds true that no rights are absolute. They may be limited in some circumstances, including when they need to be balanced to protect and promote other rights, or protect other groups from discrimination.

In the workplace, the law recognises that employers need to be able to set codes of conduct in order to foster inclusive and safe work cultures and services. To this end the Equal Opportunity Act contains a number of exceptions that mean discrimination may not be against the law in particular circumstances, such as when it is necessary in order to meet other legislative obligations; or to protect the health and safety of any person.

No matter who we are, we all share a common desire to be safe, to be treated with respect and dignity, and to retain our personal freedom and autonomy. Human rights exist to give effect to these essential and universal human needs and to provide a framework to help guide good decision making, particularly in the face of complicated circumstances.