Christian schools: Human Rights Act threat to religious freedoms

The peak body for Christian schools in Australia has warned that a proposed federal human rights act could threaten religious freedoms.

Attorney-General Mark Dreyfus has delayed a report from the Australian Law Reform Commission into religious discrimination laws. Picture: Getty Images.

Australia’s Christian schools peak body has warned a proposed federal Human Rights Act could threaten religious freedoms, urging the Albanese government to revisit religious discrimination legislation.

Christian Schools Australia said Australia’s Human Rights Framework was “lopsided and unbalanced”, and prioritised “non-discrimination above other equally important rights” that had eroded protections for religious freedom.

In its submission to a parliamentary inquiry into Australia’s Human Rights Framework, CSA said the exemptions to anti-discrimination and equal opportunity laws granted to religious schools were a “poor mechanism”, which was being weakened in many justifications.

The exemption allows religious schools to hire teachers from their own faith and fire teachers who come out as gay, become involved in an adulterous relationship or in any other way fail to reflect the institution‘s religious principles.

“The Human Rights Framework has failed to ensure a proper education in relation to human rights, resulting in a lopsided and unbalanced human rights environment,” the submission said.

“This skewed understanding of human rights, prioritising non-discrimination above other equally important rights, has resulted in a diminution of protections for religious freedom and other fundamental freedoms.

“The failure to provide adequate national protections against religious discrimination is a blight on Australia’s record of commitment to human rights and compliance with our treaty obligations.”

CSA also called on the government to reject the Australian Human Rights Commission’s model for a federal Human Rights Act put forward earlier this year, arguing that the model does not provide sufficient protections.

“The greatest single step that could be taken to address Australia’s commitments under our international treaty obligations is to pass robust religious freedom legislation at a federal level that enshrines the protections of Article 18 of the International Covenant on Civil and Political Rights, without modification, into Australian domestic law,” the submission said.

The Australian Association of Christian Schools has also raised concerns about the proposed Human Rights Act, criticising the existing Human Rights Framework for being “ineffective”.

The inquiry, conducted by the parliamentary joint committee on human rights, is reviewing the Human Rights Framework, which requires that every bill be accompanied by a statement on if it is compatible with human rights obligations, for the first time since it was introduced in 2010.

“AACS believes both the Human Rights Framework and Action Plan have been ineffective in monitoring and implementing Australia’s obligations for protecting the human right of freedom of thought, conscience and religion,” the AACS submission said.

“State, territory and federal governments have been moving towards removing or restricting the ability of religious schools to choose their staff without threat of legal action.”

A spokesman for federal Attorney-General Mark Dreyfus said the government will carefully consider the committee’s report, due next year.

“The government will remain focused on delivering on its key election commitments when it comes to protecting and enhancing human rights,” the spokesman said.