Tuesday, May 23, 2017

Intentional discrimination

The Secular Education Network is currently taking the Ministry of Education to the Human Rights Review Tribunal over religious indoctrination in schools. SEN argues that this is discriminatory against non-christians. And it turns out, the Ministry has known this for a long, long time:

The Ministry of Education identified that religious instruction in state schools might be discriminatory more than 16 years ago, but chose to take no action.

The identification was included in a 2001 confidential internal report to then Education Minister Trevor Mallard, on inconsistencies between the Human Rights Act and Education Act.

The ministry fought for nearly two years to keep parts of the report referring to religious instruction secret, citing legal privilege, but was forced to release the full version by the Ombudsman.

Forcing atheist and non-Christian students to either attend classes that were against their beliefs, or exclude themselves, could be "indirect discrimination", the ministry's legal department said in the report.

The ministry could argue there was "good reason" for indirect discrimination, the report said, but that defence would not work if someone was to argue "direct discrimination".

When you're told that something is discriminatory and you keep doing it, that makes it intentional. The idea that the Ministry knowingly discriminated on the basis of religion for years after being warned is simply sickening - not to mention a flagrant violation of their obligations under the Bill of Rights Act. And hopefully they'll be taken to the cleaners for it.