https://equalityni.org/our-work/news/respectful-public-debate-and-protected-beliefs
'Legal proceedings in the High Court in Belfast have now concluded in respect of an allegation of breach of contract in relation to the decision by Féile an Phobail to withdraw a Women’s Rights Network event from its programme of events for this year.
That specific allegation falls outside the scope of the Equality Commission’s remit, and we will not comment directly on those proceedings. However, given the relevance of equality law, it seems timely to reflect on the nature and tone of the dialogue that surrounded the decision.
It could reasonably have been anticipated that the Féile’s decision would generate considerable discussion and controversy and that views would quickly become polarised. What is particularly concerning is how the complexity of the issues is lost when people quickly choose sides in a heated and very public debate. It is important that debate is informed by an understanding of the law and conducted in a way that respects the rights and dignity of everyone involved.
The fundamental principles of mutual respect, pluralism and tolerance, i.e. treating one another with respect, accepting that different views can exist, and allowing people to express those views lawfully, peacefully and with toleration, are hallmarks of a democratic society. In Northern Ireland, those principles are reflected in a number of areas of law, including equality law, human rights law, public order law and laws regulating the use of media and communications.
Of particular relevance to this debate is the Fair Employment and Treatment (Northern Ireland) Order 1998 (‘FETO’), which prohibits discrimination and harassment against employees because they hold, or do not hold, protected religious or philosophical beliefs or political opinions, or because they have expressed such beliefs or opinions. But remember, FETO also prohibits discrimination against service users on the grounds of the protected religious beliefs or political opinions that they hold, do not hold, or express.
Employment tribunals and courts in Great Britain have accepted that people who hold, or do not hold, particular beliefs about gender identity may be protected against unlawful discrimination. That protection may apply both to so-called ‘gender critical beliefs’, such as a belief that sex correlates with biology rather than identity, and to so-called ‘gender identity beliefs’, such as a belief that everyone has a gender identity which may differ from their biological sex.
In the Equality Commission’s view, industrial tribunals and courts in Northern Ireland are likely to adopt similar reasoning and conclusions when applying equality law here. The Fair Employment Tribunal has recently accepted that one employee’s ‘gender critical beliefs’ were a protected ‘political opinion’ for the purposes of an employment-related claim under FETO. Ultimately, in the event that an aggrieved person brings a complaint it would be for the tribunal or court hearing that complaint to decide if unlawful discrimination had occurred based on the particular facts of any case and after considering any legal defences that the employer or service provider may be able to raise.
That aside, the Commission’s concern here is with the public commentary that often accompanies such disputes. Such commentary, whether on social media or elsewhere, is misleading and wrong if it suggests that people who hold protected ‘gender critical beliefs’ or ‘gender identity beliefs’ are not entitled to hold those beliefs or should not be able to express them respectfully. Commentary that encourages harassment of people because of such beliefs is especially dangerous and must be condemned.
People may hold and express different protected beliefs, including deeply held and contested beliefs, but that does not diminish the equal worth of others to hold or express different views as long as all the views are expressed legally. Employers and service providers should be encouraged and supported to ensure that their policies and their implementation are operating in a way that affords everyone dignity while at work or accessing services.
Public debate that fails to respect everyone’s dignity or that mispresents the law can make these responsibilities under equality law more difficult to meet. Ultimately, equality law in Northern Ireland protects everyone’s right to be treated with dignity and respect.
Geraldine McGahey, Chief Commissioner'