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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Rising crime and fewer police show the most damaging impacts of austerity

We need to protect those who protect us.

Today’s revelation that police-recorded crime has risen by 10 per cent across England and Wales shows one of the most damaging impacts of austerity. Behind the cold figures are countless stories of personal misery; 723 homicides, 466,018 crimes with violence resulting in injury, and 205,869 domestic burglaries to take just a few examples.

It is crucial that politicians of all parties seek to address this rising level of violence and offer solutions to halt the increase in violent crime. I challenge any Tory to defend the idea that their constituents are best served by a continued squeeze on police budgets, when the number of officers is already at the lowest level for more than 30 years.

This week saw the launch Chris Bryant's Protect The Protectors Private Member’s Bill, which aims to secure greater protections for emergency service workers. It carries on where my attempts in the last parliament left off, and could not come at a more important time. Cuts to the number of police officers on our streets have not only left our communities less safe, but officers themselves are now more vulnerable as well.

As an MP I work closely with the local neighbourhood policing teams in my constituency of Halifax. There is some outstanding work going on to address the underlying causes of crime, to tackle antisocial behaviour, and to build trust and engagement across communities. I am always amazed that neighbourhood police officers seem to know the name of every kid in their patch. However cuts to West Yorkshire Police, which have totalled more than £160m since 2010, have meant that the number of neighbourhood officers in my district has been cut by half in the last year, as the budget squeeze continues and more resources are drawn into counter-terrorism and other specialisms .

Overall, West Yorkshire Police have seen a loss of around 1,200 officers. West Yorkshire Police Federation chairman Nick Smart is clear about the result: "To say it’s had no effect on frontline policing is just a nonsense.” Yet for years the Conservatives have argued just this, with the Prime Minister recently telling MPs that crime was at a record low, and ministers frequently arguing that the changing nature of crime means that the number of officers is a poor measure of police effectiveness. These figures today completely debunk that myth.

Constituents are also increasingly coming to me with concerns that crimes are not investigated once they are reported. Where the police simply do not have the resources to follow-up and attend or investigate crimes, communities lose faith and the criminals grow in confidence.

A frequently overlooked part of this discussion is that the demands on police have increased hugely, often in some unexpected ways. A clear example of this is that cuts in our mental health services have resulted in police officers having to deal with mental health issues in the custody suite. While on shift with the police last year, I saw how an average night included a series of people detained under the Mental Health Act. Due to a lack of specialist beds, vulnerable patients were held in a police cell, or even in the back of a police car, for their own safety. We should all be concerned that the police are becoming a catch-all for the state’s failures.

While the politically charged campaign to restore police numbers is ongoing, Protect The Protectors is seeking to build cross-party support for measures that would offer greater protections to officers immediately. In February, the Police Federation of England and Wales released the results of its latest welfare survey data which suggest that there were more than two million unarmed physical assaults on officers over a 12-month period, and a further 302,842 assaults using a deadly weapon.

This is partly due to an increase in single crewing, which sees officers sent out on their own into often hostile circumstances. Morale in the police has suffered hugely in recent years and almost every front-line officer will be able to recall a time when they were recently assaulted.

If we want to tackle this undeniable rise in violent crime, then a large part of the solution is protecting those who protect us; strengthening the law to keep them from harm where possible, restoring morale by removing the pay cap, and most importantly, increasing their numbers.

Holly Lynch is the MP for Halifax. The Protect the Protectors bill will get its second reading on the Friday 20th October. 

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