The UK Government will be forced to say whether it
backs the rights of Christians to wear the cross and opt out of
diversity legislation as part of a landmark legal case.
European judges have ordered ministers to make a formal statement on
whether it believes Christians’ rights have been infringed by previous
decisions in the British courts, which have repeatedly dismissed their
right to dress and act according to their beliefs.
The move by the European Court in Strasbourg is because Christians who
believe they have suffered discrimination for their beliefs are taking a
landmark legal fight the court.
Four Christians leading the pivotal new challenge include Nadia Eweida,
the British Airways worker who mounted a legal action after being barred
from wearing a cross around her neck.
Their cases have been selected by the European Court as of being of such legal significance that they be examined further.
Once ministers have responded the court will decide whether to have full hearings on them.
Andrea Minichiello Williams, the founder and director of the Christian
Legal Centre, which is supporting two of the applicants, said: “These
cases are massively significant on every front. There seems to be a disproportionate animosity towards the Christian
faith and the workings of the courts in the UK has led to deep
injustice. If we are successful in Strasbourg I hope the Equalities Act and other
diversity legislation will be overturned or overhauled so that
Christians are free to work and act in accordance with their conscience. David Cameron now needs to put his money where his mouth is.”
Mrs Minichiello Williams added: “People with orthodox views on sexual
ethics are excluded from employment because they don’t fit in with the
equalities and diversity agenda. It is this which we want to see
addressed. Such injustice cannot be allowed to continue.”
In Mrs Eweida and Mrs Chaplin’s cases, the court asked the British
government: “In each case, did the restriction on visibly wearing a
cross or crucifix at work amount to an interference with the applicant’s
right to manifest her religion or belief, as protected by Article 9
[the right to freedom of religion] of the Convention?”
Earlier this year the European Court ruled that schools have a right to
display a crucifix on classroom walls, after an application was brought
by Roman Catholics in Italy.
The decision appeared to set European human rights law at odds with
British courts, where all four applicants in the new round of cases have
lost on appeal.