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
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Misogynoir: How social media abuse exposes longstanding prejudices against black women

After decades as an MP, Diane Abbott finally spoke out about the racist and sexist abuse she faces. But she's not alone. 

“Which STD will end your miserable life?” “This is why monkeys don’t belong here.” “I hope you get lynched”. These are just some of the many messages Seyi Akiwowo, a Labour councillor in Newham, told me she has been sent over the past three weeks. Akiwowo has received reams of violent and racist abuse after a video of her suggesting former empires pay reparations to countries they once colonised (and whose resources they still continue to plunder) went viral. She doesn’t expect everyone to agree with her, she said, but people seem to think they’re entitled to hurl abuse at her because she’s a black woman.

The particular intensity of misogyny directed at black women is so commonplace that it was given a name by academic Moya Bailey: misogynoir. This was highlighted recently when Diane Abbott, the country’s first and most-well known black woman MP and current shadow Home secretary, spoke out about the violent messages she’s received and continues to receive. The messages are so serious that Abbott’s staff often fear for her safety. There is an implicit point in abuse like this: women of colour, in particular black women, should know their place. If they dare to share their opinions, they’ll be attacked for it.

There is no shortage of evidence to show women of colour are sent racist and sexist messages for simply having an opinion or being in the public eye, but there is a dearth of meaningful responses. “I don’t see social media companies or government leaders doing enough to rectify the issue,” said Akiwowo, who has reported some of the abuse she’s received. Chi Onwurah, shadow minister for Business, Innovation and Skills, agreed. “The advice from social media experts is not to feed the trolls, but that vacates the public space for them," she said. But ignoring abuse is a non-solution. Although Onwurah notes the police and media giants are beginning to take this abuse seriously, not enough is being done.

Akiwowo has conversations with young women of colour who become less sure they want to go into politics after seeing the way people like Abbott have been treated. It’s an unsurprising reaction. Kate Osamor, shadow secretary of state for International Development, argued no one should have to deal with the kind of vitriol Abbott does. It’s well documented that the ease and anonymity of social media platforms like Twitter and Facebook have changed the nature of communication – and for politicians, this means more abuse, at a faster pace and at all hours of the day. Social media, Onwurah said, has given abuse a “new lease of life”. There needs to be a concerted effort to stop people from using these platforms to spout their odious views.

But there is another layer to understanding misogyny and racism in public life. The rapid and anonymous, yet public, nature of social media has shone a light on what women of colour already know to be a reality. Dawn Butler MP, who has previously described racism as the House of Commons’ “dirty little secret”, told me “of course” she has experienced racism and sexism in Parliament: “What surprises me is when other people are surprised”. Perhaps that’s because there’s an unwillingness to realise or really grapple the pervasiveness of misogynoir.

“Sometimes it takes a lot of effort to get someone to understand the discriminatory nature of peoples’ actions,” Butler explained. “That itself is demoralising and exhausting.” After 30 years of racist and sexist treatment, it was only when Abbott highlighted the visceral abuse she experiences that politicians and commentators were willing to speak out in her support. Even then, there seemed to be little recognition of how deep this ran. In recent years, the Labour leader Jeremy Corbyn has been ridiculed for having a relationship with her in the 70s, as if a black woman’s sexuality is both intriguing and laughable; people regularly imply she’s incompetent, despite having been in Parliament for three decades and at the last general election increasing her majority by a staggering amount; she has even been derided by her own colleagues. Those Labour MPs who began the hashtag #PrayforDiane when she was off work because of illness spoke to a form of bullying that wouldn’t be acceptable in most workplaces.

These supposedly less obvious forms of racism and sexism are largely downplayed or seen as unrelated to discrimination. They might be understood through what influential scholar Stuart Hall called the “grammar of race”. Different from overtly racist comments, Hall says there’s a form of racism that’s “inferential”; naturalised representations of people - whether factual or fictional - have “racist premises and propositions inscribed in them as a set of unquestioned assumptions”. Alongside the racist insults hurled at black women politicians like Abbott, there’s a set of racialised tropes that rely on sexualisation or derision to undermine these women.

The streams of abuse on social media aren’t the only barrier people of colour – and women in particular – face when they think about getting into politics. “I don’t think there’s a shortage of people in the black community who put themselves forward to stand for office, you only have to look at when positions come up the list of people that go for the position,” Claudia Webbe, a councillor and member of Labour's ruling body the National Executive Committee told me. As one of the few black women to hold such a position in the history of the Labour party, she knows from her extensive career how the system works. “I think there is both a problem of unfair selection and a problem of BME [black and minority ethnic] people sustaining the course." Conscious and unconscious racial and gender bias means politics are, like other areas of work in the UK, more difficult to get into if you’re a woman of colour.

“The way white women respond to the way black women are treated is integral,” Osamor says, “They are part of the solution”. White women also face venomous and low-lying forms of sexism that are often overlooked, but at times the solidarity given to them is conditional for women of colour. In a leaked letter to The Guardian, Abbott’s staff criticised the police for not acting on death threats, while similar messages sent to Anna Soubry MP resulted in arrest. When the mainstream left talks about women, it usually means white women. This implicitly turns the experiences of women of colour into an afterthought.

The systematic discrimination against women of colour, and its erasure or addendum-like quality, stems from the colonial racial order. In the days of the British empire, white women were ranked as superior to colonised Asian and African women who were at different times seen as overly sexualised or unfeminine. Black women were at the bottom of this hierarchy. Women of colour were essentially discounted as real women. Recognising this does not equate to pitting white women and women of colour against each other. It is simply a case of recognising the fact that there is a distinct issue of racial abuse.

The online abuse women of colour, and black women specifically, is an issue that needs to be highlighted and dealt with. But there are other more insidious ways that racism and sexism manifest themselves in everyday political life, which should not be overlooked. “Thirty years ago I entered parliament to try and be the change I wanted to see,” Abbott wrote. “Despite the personal attacks and the online abuse, that struggle continues.” That struggle must be a collective one.

Maya Goodfellow researches race and racism in Britain. She is a staff writer at LabourList.