Strasbourg ruling marks a setback for claims of Christian victimisation

But even a defeat can be said to advance campaign groups' narrative that Christians are being "marginalised" by militant secularism.

Today's judgement by the European Court of Human Rights in the cases of four Christians claiming discrimination on the basis of their beliefs is generally a good thing. Score-keepers in the ongoing culture wars will be quick to note a three-one win by the forces of secularism. Of the four claimants, only Nadia Eweida, the British Airways check-in clerk who was told that her small silver cross violated the company's uniform policy, had her claim upheld. But her victory is more than just symbolic. It undermines the one strong argument her backers had that Christians in this country face anything that might be called oppression. The other cases usefully serve to mark out the boundaries between religious self-expression and the wider interests of society.

Taken together, the cases of Nadia Eweida and Shirley Chaplin - a nurse whose similar wish to wear a cross at work was turned down on health and safety grounds - introduce an easily-understood principle. Generally, the judges decided, employees have a right to manifest their religious convictions (their right under Article 9 of the European Convention) by wearing a symbol of their choice. Lawyers of the government had argued, much to David Cameron's embarrassment, that the principle only applies where the symbol is an explicit requirement of the faith or worn openly by a majority of the faith's adherents. The domestic courts had reached much the same conclusion. But for the European judges, it was enough that the cross is a recognised Christian symbol, and that Eweida believed that demonstrating her faith openly by wearing it was important to her. The model upheld is one of individual belief rather than corporate religious identity. The court seeks to protect the believer, not the religion as a whole. This is important.

Chaplin lost, meanwhile, because her employer had a stronger rationale for interfering with her right to manifest her belief, in this case the health and safety of patients. Eweida's relatively discreet cross posed a much more trivial challenge to her employer's corporate identity. BA itself later seemed to acknowledge this by changing the policy.

One consequence of these decisions should be to reduce any perception that the law treats Christians wishing to wear a cross less favourably than members of other religions. Pressing the belief that Christians are getting a raw deal compared to, say, hijab-wearing Muslims or turban-wearing Sikhs has been central to the agenda of campaign groups such as Christian Concern, aided and abetted by the Express and the Daily Mail. Unfortunately, the approach of the domestic courts, which have tended to restrict the Article 9 right to "manifest" religious belief to practices that are central or mandatory in a faith tradition (which wearing a cross isn't) has sometimes fostered this impression. Today's ruling may help to redress the balance.

The two Christians who wished to be exempted from offering services to gay or lesbian clients both lost their case. Lillian Ladele worked as a registrar in Islington but lost her job because she refused to register civil partnerships, while Gary McFarlane, a Relate counsellor, objected to being required to give sexual advice to same-sex couples. In both cases, the court accepted that their refusal in this way was a manifestation of the claimants' religious belief; but it found the interference justified in the light of the wider social goal of anti-discrimination. In these cases, where there was a balance to be struck between competing rights of religious manifestation and non-discrimination, the Court was content to leave matters to the discretion of the authorities concerned.

McFarlane had an especially weak case, having embarked upon a course of training in psycho-sexual therapy in the full knowledge that he would be expected to advise both gay and straight couples. In Ladele's case, however, there was a strongly worded dissent from two of the judges. Noting that when she became a registrar there was no such thing as civil partnerships and that her desire not to conduct them could have been accommodated, the judges accused Islington of having "pursued the doctrinaire line, the road of obsessive political correctness. It effectively sought to force the applicant to act against her conscience or face the extreme penalty of dismissal."

I have some sympathy with this view. There's little doubt that Ladele's objections could have been accommodated and no gay couple would have been any the wiser. Her argument always struck me as somewhat illogical, though: as an evangelical Christian she may have believed that only heterosexual marriage was valid in the eyes of God, but as a registrar she was called upon to pursue a civil function with no religious dimension whatever. All that Ladele was being asked to do was to smile sweetly, say the appointed words, and fill out some paperwork.

For campaign groups like Christian Concern and the Christian Institute, which between them represented the claimants, litigation forms an integral part of what is essentially a political strategy. On the one hand, they make full (many would say over-enthusiastic) use of the legal tools given to them by recent equality legislation as well as the growing number of cases dealt with by the European Court of Human Rights. Obviously they would prefer to win these cases. But even a defeat can be said to advance their wider narrative that Christians are being "marginalised" by militant secularism. It might even enhance their chosen self-image as an oppressed group. And the publicity that these cases inevitably attract (along with others, such as those involving guest-house owners who refuse the custom of same-sex couples) serves to rally the faithful, whether the cases themselves are won or lost.

By "Christians", of course, they mean a particular type of Christian. Not all believers share their particular obsessions (notably opposition to gay equality)  or think of themselves as part of a beleaguered minority. The argument is at least as much an internal Christian one as a debate between Christians and the forces of secularism. That's the point.

 

British Airways employee Nadia Eweida holds her crucifix as she poses for pictures after the court's ruling. Photograph: Getty Images
Belief, disbelief and beyond belief
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Is Switzerland about to introduce a universal basic income?

A referendum on 5 June, triggered by a 100,000-strong petition, will determine whether the country transforms its welfare state with a monthly no-obligations cash handout available to all.

The Office Cantonal de l’Emploi (OCE), Geneva’s unemployment administration, is what you might expect of a modern bureaucracy. Not exactly Kafka-esque, it moves slowly but rationally: take a ticket, wait your turn, learn which paperwork is missing from your dossier, repeat. Located in a big complex of social administration behind the main train station, the office is busy for a region with an unemployment rate between 5 and 6 per cent, well below the European average. The staff, more like social workers than bureaucrats in dress and demeanour, work hard to reinsert people into the job market: officials can be responsible for over 40 dossiers at a time.

Objectively, Switzerland is a good place to be out of work. For a low-tax country the welfare system is robust. On condition of having worked and paid taxes in the state for over 12 months, a newly-unemployed is assured 70-80 per cent of his previous salary for a period up to 2 years: ample income in a country with some of the highest average wages in the world. In practice, the system is a hybrid between the OCE (which tries to get people back to work) and union-allied social insurance bodies (which take care of monthly payments) and is complex but effective. There are welfare trade-offs – easy firing, expensive healthcare – but Switzerland is far from a free market machine without a safety net.

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It seems strange that such a well-oiled system could soon be obsolete. On 5 June, Switzerland will hold a referendum on an initiative to introduce a universal basic income (UBI): a guaranteed, no-strings-attached, monthly payment of 2,500 Swiss francs (£1,784) for each legal resident. Driven by a popular initiative which collected the requisite 100,000 signatures, the UBI would revamp the welfare state by streamlining its core into this single monthly cash transfer. No more obligations to apply for a certain number of positions per month in order to “qualify” for your handout: you could choose to continue working and earning, or you could lead a life of leisure. The existential fear associated with finding, and maintaining, employment would disappear.

Last month, a “robot rally” was held in Zürich to drum up support for the initiative. Hundreds of badly-disguised campaigners paraded through the city advocating a futuristic social contract between man and machine: according to these robots, as they become more advanced, displacing more and more blue and white-collar jobs, the only solution is a UBI allowing for dignified coexistence. Robots must be our friends, not our foes, they claimed. This common refrain of digital disruption is a core tenet of the campaign and echoes a zeitgeist debate in Switzerland around the future of work and technology. The concept of a “Fourth Industrial Revolution”, championed by Klaus Schwab, Executive Chairman of the Geneva-based World Economic Forum, has risen from soundbite to serious topic. Schwab says that current shifts in AI and connected technologies amount to “nothing less than a transformation of humankind”, one which will need solutions guaranteeing some sort of a minimum-income for all.

A record-breakingly large poster in the Pleine de PlainPalais, Geneva. Photo: Fabrice Coffrini/AFP/Getty

But the ego of an epoch tends to historical self-aggrandisement. Hasn’t technological change always been an issue? In the opening scene of the 1986 Only Fools and Horses episode “Let Sleeping Dogs Lie”, Rodney complains about computers and mass unemployment in Thatcherite Britain: “How many people have been put on the dole by a robot what [sic] can build a car?” Digital advances aside, this is hardly the case in Switzerland, where the average unemployment rate is 3.7 per cent. Che Wagner, spokesman of Basic Income Switzerland, the organisation behind the popular initiative, concedes that the country is not suffering from any “emergency problem”. Yet it is precisely the triad of “political stability, economic wealth and a strong liberal culture of self-determination” which makes Switzerland an ideal testing ground for opening the debate. Whereas welfare politics have traditionally aimed to solve problems, this initiative is a more positive affirmation of how best to organise an affluent society of the future. The key goal is more philosophical than economic; he is determined to “decouple the concepts of labour and self-worth”.

In this sense the initiative is a radical departure from both “welfare-politics-as-usual” and neo-liberal proposals for basic incomes. Che and his colleagues make up an independently-funded, wilfully apolitical group which eschews traditional concepts of left and right. There are no Marxist hangovers in the proposal (“we don’t want to take anything from anybody to give it to somebody else”), yet there is also no indication that they support a radical rationalisation of taxation and wealth creation implied by liberal economists like Milton Friedman. The UBI would not negate certain benefits guaranteed under the current welfare system – disability allowances, for example – and is not Randian model of eradicating poverty to let the wealth creators run free. The core raison d’être is an individualistic, humanist empowerment; any socio-economic reorganisation which would be bound to arise is secondary.

This reflects the messy international debate, which has come on the agenda in recent years and attracted inputs from across the spectrum. Both Yanis Varoufakis and Joseph Stiglitz have voiced approval. Slavoj Žižek, the loud Slovene philosopher of the far left, wants a reconceptualisation of UBI to recognise that “in a knowledge-based economy, collective productivity of the ‘general intellect’ is the key source of wealth” – a similar idea to Paul Mason’s vision of a “post-capitalist” socialism for a digital age. Unsurprisingly, the companies and tech evangelists who reap the largest benefits from this data-based economy are also concerned. Some are researching liberating models of “seed money for everybody” which would have the dual-advantage of reducing annoying government bureaucracy and mitigating the possible backlash against future technological gains. In true internet-emancipatory fashion, they also want to liberate people’s latent creativity by replacing the obligation to work by the incentive to innovate.

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It is difficult to argue with the idea that people should work because they want to, not because they have to. But Swiss referendums are not won and lost on philosophical niceties. Direct democracy depends upon an engaged and pragmatic population which deliberates more earthly concerns: is our society ready for this? What would happen to the Swiss economy? Most importantly, how would it work in practice? Unfortunately for the “yes” side, these matters have proven more difficult to communicate.

One opinion poll conducted in January found that just 2 per cent of the population would quit their jobs if the measure came into effect. This is far from any imagined society of freeloading slackers which people seem to fear (ironically, one-third of the same respondents said that they expected that others would leave their jobs). But in a nation where, like elsewhere, the education system is designed to train people for specific professions and the social expectation is that you are what you work, it is difficult to see beyond a vanguard of creative or entrepreneurial youth who might embrace the freedom. Of course, those working part-time positions paid little more than 2,500 Swiss francs would have little incentive to keep working, but elsewhere it may be business as usual. My local kebab vendor told me that he had been working since he was 14, so he would see no reason to stop now.

What the experiment would do to Swiss GDP is also unclear. According to the initiators of the plan, the extra cost to the exchequer to pay a UBI to all those currently under the 2,500 Swiss franc level would be a meagre SFr18 billion (the federal government puts this at SFr25 billion). This shortfall could be met by imposing a small tax on financial transactions, they suggest. Savings could also be made through the rationalisation of the welfare system, and VAT hikes have also been mooted. Under current conditions, then, the scheme would be feasible. But this is without factoring in various known unknowns: possible outsourcing of some industries due to less competitive wages, or a global reduction in GDP due to many workers reducing - if not eliminating - the hours they work. “A step too far in the right direction2, was how economist Tobias Müller put it recently in the daily Le Temps, echoing the consensus of the Swiss political class.

At the practical individual level, finally, how it would affect the pockets of the Swiss middle class is unclear. For those earning more than the minimum amount, the only difference would be that the first SFr2,500 of their salaries would be “re-packaged” as UBI. Being presumably tax-exempt, the measure therefore would mean an incremental gain but ultimately a maintaining of the status quo. An employee in an international organisation complained to me about the lack of clarity communicated both by the campaign and the government on the initiative: the actual vote hinges on three short constitutional amendments to ensure a “dignified” minimum income for the population, but details are scarce. Although she is “of course in favour” of the suggestion, she will thus vote against it. The middle and upper classes of Swiss society simply haven’t been convinced of the need for such radical change, she said. Who benefits?

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Ultimately, at all levels of politics and society, the strength of the proposal is also its weakness. Its vague, normative nature has attracted interest, but the lack of clarity around how it would work concretely and how it would affect the income of the majority of Swiss people has undercut any chance of success. Current indicators suggest it will be roundly rejected. The always out-on-a-limb Greens are the only political party to announce support. A recent opinion poll found that 72 per cent of the population were opposed to the measure.

The amount of air-time and attention it has received will nevertheless be perceived as a success by proponents. The broad nature of the proposal and the sometimes flamboyant campaign (last week they unveiled the largest campaign poster in history in Geneva (see above); the Guinness Book of Records was on hand) highlighted that their major goal was not to meticulously rewrite Swiss legislation but to kickstart the debate on their terms. The first rule of negotiation theory is to bid high. That the direct democracy system here allows for such radical proposals (whether progressive or lamentable, like some previous votes on immigration) is a boon for the international efforts to raise awareness of this future reordering of welfare.

As referendum season continues elsewhere in Europe, there may be a lesson for campaign strategists. Emotive issues are sure to attract commentary and vocal support, but the silent majority is more pragmatic than they are often given credit. It is one thing to aim for Marx’s vision of an economic system allowing us to “hunt in the morning, fish in the afternoon, rear cattle in the evening, and criticise after dinner”: voters want to know how the hunting rights and fish quotas would operate before signing up.