ࡱ> %` ~bjbj"x"x <@@&u TTTTUUUVWRRR8||*j$whh&U&UUH;vUUJUU$ `p%_+R_8BQ0zGNG$$\GUv&&k$*j*j*j&D*j*j*jVV|RWTU|UUUU Freedom of Religion and Belief in the 21st Century Thank you for the opportunity to make a submission to the Commissions inquiry. We consider the inquiry to be both important and timely. Sydney Atheists is an organisation whose vision is of a society that lives and grows through evidence-based reasoning and secular values. Please find attached to this letter our detailed responses to the questions set out in your issues paper. In summary, our key submissions are that: there should be understanding and respect for all people regardless of whether they subscribe to religious, atheist, agnostic or non-theistic values systems; it is essential to the functioning of our society that there is freedom to discuss, (constructively) criticise and evaluate all such systems; all children should be provided with an education that gives them the tools to have those discussions, make those evaluations and, at a suitable age, independently choose the personal values system that they prefer; government and its institutions must be secular to ensure that they are able to properly represent all citizens this should include the removal of religious references from the Constitution, parliamentary practice and government policy; and there needs to be a more careful use of language that is inclusive of non-theistic perspectives including atheism, agnosticism and other such values systems. Sydney Atheists submits that, fundamentally, only education and the willingness to hold open and reasoned discussions can enable us to together decide what we kind of society we want to be, including the values systems needed to nurture and protect it. No written law or charter of rights can alone ever do so. It is the responsibility of government to provide that education for, and support that interaction between, all its citizens, especially the young and vulnerable. We would be pleased to be included in further consultation in relation to the inquiry. Yours sincerely, Anthony Englund President Attachment Response to issues raised in the discussion paper 1 Evaluation of 1998 HREOC Report on Article 18: Freedom of Religion and Belief Q1: What are areas of concern regarding the freedom to practice and express faith and beliefs within your faith community and other such communities? A1: Preliminary issue At the outset, it is vital to emphasise the important role that language plays in the discussions of value systems. Sydney Atheists submits that the Commission should be careful not to use language that appears to favour those who have faith or belief in the supernatural over those who see no evidence for the existence of such entities, including gods. Rather, the Commission should use language that provides equal recognition to atheistic, agnostic and other non-theistic value systems and practices. For example, a more appropriate way of phrasing the above question would have been: What are your areas of concern regarding the freedom to practice and express your value systems within your community, whether those systems are religious or do not include a belief in the existence of the supernatural? Response to the question itself Sydney Atheists considers that people should be free to practice and express their beliefs, provided only that they do not hurt or restrict others. This is true whether those beliefs are religious or based on a worldview that does not include the existence of the supernatural. It is a crucial part of this freedom that individuals should be capable of making up their own minds as to the value systems to which they subscribe. Otherwise, it is not genuine freedom. It follows that children should not be required to follow (or be treated as following) any particular value system until they have been provided with a range of tools with which to make such decisions and are in fact able to do so. To this end, the teaching of critical reasoning skills, including a willingness to understand different points of view and respect those who hold them, should be a core part of every childs education. This is irrespective of whether that education takes place in a private or a public school. A range of the world views and value systems that have formed part of humanitys cultural history, both secular and religious, should be introduced and children encouraged to explore them. In this regard, it should be noted that systems of secular ethics exist and should form part of such discussions. Sydney Atheists would be more than happy to describe those systems in further detail should the Commission be interested. Q2: Have new issues emerged since this report was published in 1998 relating to expression of faith? A2: Regrettably, it seems that throughout human history, there has always been a lack of sufficient tolerance between different value systems, both among the various religions but also between religious and secular viewpoints. However, it does appear that even those levels of tolerance have declined in the past decade. Intolerance grows from dogma and, although not unique to religion, much dogma has been religious in nature. The consequences have been, not just lost opportunities to live richer, more fulfilling lives amongst one another, but bigotry, mistreatment, hatred and violence. Sydney Atheists consider the underlying problem to be the lack of the kind of education referred to in our response to Question 1. What is needed are the skills and understanding to resolve the problems that we face together rationally and compassionately, peacefully and constructively. Much can be achieved if the harmful effects of religious dogma can be restrained. Sydney Atheists recognises that most religious people are in fact good at heart. However, it does not follow that they are good simply because they are religious. Rather, we argue that people are good when they recognise the intrinsic worth of other living creatures and that this not derive from religion but is part of being a conscious human being extant in the natural world. In other words, it is a heritage capable of being shared by all. When this is more widely understood, much of the perceived value of religion (and the problems of religious dogma) fall away. It is important to mention one recent development that should cause all Australians particular concern. This is the success of a number of religious organisations to press the United Nations for what amounts to an exception to freedom of expression where such expression is perceived as harming the sensitivities associated with religious beliefs. This is an appalling development. Civilisation fundamentally depends upon people being at liberty to (constructively) criticise anyone and anything. There should be no exception designed to protect the feelings of those who hold specific beliefs. Such a restriction would be both impossible to police and discriminatory in that it would allow the freedom of those who are religious to criticise those who are atheists, agnostics or non-theists. If the motivating concern is that criticism is too often not constructive, this simply provides more evidence in support of the need for the kind of education referred to in our answer to Question 1. Q3: Is there adequate protection against discrimination based on religion or belief and protection of ability to discriminate in particular contexts? A3: Sydney Atheists considers that it would be entirely inappropriate to protect religious or non-religious value systems from criticism by passing laws that have the effect of limiting freedom of speech, as referred to our response to Question 2. If the underlying concern is a lack of constructive criticism, this should be addressed through education as described in our response to Question 1. Note that this is different to the situation where a person holding a particular value system for that reason alone considers themselves entitled to discriminate against others. For example, a medical doctor working in the public hospital system should not be able to refuse to perform a particular medical procedure on the basis of his or her own religious beliefs. Those who attend public facilities must be able to receive the required service irrespective of the personal views of the employee who provides them. If the employee objects to doing so, he or she is perfectly entitled to seek employment in a private institution that subscribes to their particular value system. Sydney Atheists submit that public policy on this issue is not sufficiently clear and that it is important that appropriate laws be passed to protect the rights of those who avail themselves of public services including health, education, social services, government employment and transport. Q4: How are federal and state and territory governments managing incitement to religious hatred and the question of control and responsibility? A4: Sydney Atheists considers that government responses to this issue have focused on the importance of respecting the rights of individuals to maintain their own value systems. However, they have failed to sufficiently emphasise: the fact that these value systems are personal and should not be given priority over the basic civic values that we all hold in common (the very values that ultimately support the holding of private belief systems); and as one of those basic civic values, that each of us has the absolute right to publicly question the merits of any value system. In this regard, again, there is a crucial role for all governments to take steps to improve education along the lines described in our response to Question 1. Q5: How well have the recommendations of Article 18: Freedom of Religion and Belief been implemented by the various state and federal governments? A5: Sydney Atheists has no comment on how well those recommendations may or may not have been implemented. However, we submit that: the better way to address issues to do with how society treats different values systems is through the kind of education described in our response to Question 1; and should statutory protection of the right of individuals to hold particular values systems be considered necessary, then the rights of children must also be protected by ensuring that: irrespective of the values systems of their parents or legal guardians, all children are provided with the kind of education referred to in Question 1; and no child is ever denied medical treatment as the result of the values systems held by their parents or guardians. 2 Religion and the State the Constitution, roles and responsibilities The Constitution Q1: Is this section of the Constitution an adequate protection of freedom of religion and belief? A1: Not as interpreted by the High Court. The Court has ruled that section 116 merely prevents the Commonwealth from establishing a state religion. The section does not provide the same rights and guarantees as the equivalent clause in the Constitution of the United States. The full separation of government and religion should be made explicit including the right of every citizens to freedom from religion. Due to the nature of our federal system, equivalent clauses should be included in the constitutions of each State. Q2: How should the Australian Government protect freedom of religion and belief? A2: Not with religious anti-vilification laws that would serve to restrict free speech for the reasons identified in section 1, answer A3. Sydney Atheists endorses legal protections against all forms of discrimination, including that to do with a persons own values system. However, we often note that, in debates concerning such issues, there is a tendency to conflate religious and racial discrimination for the purpose of supporting restrictions on free speech when it comes criticising religion. These are different issues: freedom of expression is not the same thing as an act of discrimination. In the present context, it is fundamental that we are able to freely and openly question and (constructively) criticise peoples choices as to their value systems in order that we may all peacefully co-exist within, and develop, our society for the benefit of all. Q3: When considering the separation of religion and state, are there any issues that presently concern you? A3: Sydney Atheists have a number of concerns in this regard. These include: the Federal Governments National Chaplaincy in Schools program we submit that: the matters that the chaplaincy program is intended to assist with would be far more effectively addressed through the type of education referred to in our response to section 1, Question 1. This education would be undertaken by appropriately qualified teachers and should make additional programs, such as the Federal Government program, unnecessary; the program itself remains unworkable as there is little to ensure that counsellors, whether religious or secular (and the use of the term chaplain bears strongly theistic connotations that are inappropriate), do not exploit private sessions with children to advocate the adoption of their own value systems; and while the Federal Labor Government has announced that it intends to revise the funding criteria for the program to make it possible for schools to engage secular counsellors, it has also stated that this will only be permitted when a religious chaplain is not able to be found within six months of the funding offer. Should the program continue (and Sydney Atheists submits that it should be replaced instead by critical reasoning education), this restriction should be removed to allow all schools to select an otherwise suitably qualified counsellor of their own choice; the concern that individual religious organisations may be able to obtain government funding to provide social services while being free to discriminate as to who receives those services on the basis of their beliefs and/or prosletyse their own values to service recipients this is addressed further below; the fact that the teaching of values systems in schools is restricted to the teaching of religion with secular alternatives being excluded by legislation and/or policy for example, in New South Wales, special religious education in public schools consists of students being segregated by faith (typically the faiths of their parents) and given instruction by representatives of those values systems. 鱨վ who are not religious are not provided with a dedicated secular alternative. They are simply supervised during those times. Nor, as part of a students general religious education, is there either: an exposure to secular values systems; or the teaching of critical reasoning tools to be able to discuss, compare and evaluate the full range of possible values systems for themselves. Sydney Atheists submits that the relevant legislative restrictions and policies need to change so that all children are, from a suitable age, able to freely choose their own personal values systems and become informed, respectful and constructive participants within our society; the references to God in the Federal and State Constitutions and the fact that Parliamentary sessions routinely begin with a prayer Sydney Atheists regard it as a fundamental principle that government should be for all the people and that the privileging of (one) faith over other value systems in relation to government is entirely inappropriate. For this reason, we strongly submit that the references to God should be removed and that prayers should be replaced with individual, private observances. Q4: Do religious or faith-based groups have undue influence over government and/or does the government have undue influence over religious or faith based groups? A4: Sydney Atheists does not have evidence of undue influence either way. Q5: Would a legislated national Charter of Rights add to these freedoms of religion and belief? A5: Sydney Atheists is concerned that no single written document alone could ensure that the members of a society treat each other with respect and compassion and that, when faced with differences, they are able to reason together critically and constructively. Once again, education of the sort previously discussed is the key. For you cannot legislate reason and respect: you can only teach it. That being said, Sydney Atheists is neither for nor against a written Charter of Rights per se. We also support governments making material available that would promote the wider discussion of civic values. Roles and responsibilities Q6: (a) What are the roles, rights and responsibilities of religious, spiritual and civil society (including secular) organisations in implementing the commitment to freedom of religion and belief? (b) How should this be managed? A6: Again, Sydney Atheists wishes to register its concern regarding the language used by the Commission. Any such commitment must include freedom from religion and belief as well as of religion and belief. We submit that the latter fails to appropriately recognise the range of atheist, agnostic and other non-theistic value systems. This is because the common understanding of the term belief when used in such a context is to value systems based on the supernatural. Turning to the question itself, Sydney Atheists considers that the organisations referred to should be advocates for open, reasoned and constructive discussions and education regarding civic values. How this should be managed is addressed in our responses to Questions 7 and 8, below. Q7: How can these organisations model a cooperative approach in responding to issues of freedom of religion and belief? A7: By working together to support the type of public discussions referred to in our answer to Question 7 and the comparative values and critical reasoning education referred to in our answer to section 1, Question 1, above. In this regard, please also see our response to Question 8, below. Q8: How well established and comprehensive is the commitment to interfaith understanding and inclusion in Australia at present and where should it go from here? A8: Once again, it is important to address the issue of the language used by the Commission. The reference to interfaith appears to exclude non-faith based values systems and those who subscribe to them. More suitable, inclusive terminology, such as inter values, should be used. To answer the question, there would be value in expanding participation in interfaith initiatives to include nontheistic participants. Q9: How should we understand the changing role and face of religion, nationally and internationally? A9: We should understand that many of the core values that underpin religion are simply key human values that have been caught up in ancient frameworks for understanding the world. Those religious frameworks are now outdated and a number of aspects of those frameworks, such as discrimination based on sex or sexuality, cause genuine harm. We should continue to value the emphasis on compassionate human interaction and learn to couple this with respect, understanding and the importance of reason. The supernatural elements of religion should be seen as the results of ancient people trying to learn to navigate a complicated and perhaps frightening world. We no longer have any need for such superstitions. In short, we should treat religion in all its guises as a step that some of us take in (hopefully) our longer journeys towards lives of reason, compassion and creativity. But we should also be aware that the dogmas inherent in much of religion are dangerous and that we should never be afraid to examine and reject them. 3 Religion and the State practice and expression Q1: What are some consequences of the emergence of faith based services such as major government service delivery agencies? A1: There is a genuine risk that service delivery is used as a vehicle for prosletyzing religious points of view and that service delivery becomes conditional on acceptance of the tenets of the faith driven provider. Q2: How should government accommodate the needs of faith groups in addressing issues such as religion and education, faith schools, the building of places of worship, religious holy days, religious symbols and religious dress practices? A2: Simply put, no special privileges should follow based on matters of faith (or not) and all children should be provided with the kind of education that allows them to make, at a suitable age, a genuine choice as to the value system to which they subscribe. As previously described, this should include secular alternatives. Q3: Is current legislation on burial practice and autopsy practice adequate? Are any of your religious practices inhibited by law, procedural practice or policy (ie education or health)? A3: Sydney Atheists has no comment. 4 Security issues in the aftermath of September 11 Q1: (a) Have the changes in federal and state laws affected any religious group and, if so, how? (b) How should this be addressed? A1: Sydney Atheists has no comment. Q2: How should the Government balance physical security and liberties? A2: Sydney Atheists has no comment. Q3: Consider and comment on the relationship between law and religious or faith based communities and issues such as legal literacy, civil liberties, dissemination of law to new immigrant communities and the role and conduct of judiciary, courts and police. A3: Sydney Atheists does not see this as an issue specific to religion or faith. Rather, the challenge is to ensure that migrants, whether theistic or secular, are provided with the abilities to both understand and undertake their responsibilities as citizens within a multi-cultural, secular democracy. Q4: (a) Is there religious radicalism and political extremism in Australia? (b) If so, what are the risks to Australia? A4: There are certainly practices in the major religions that either actively or passively discriminate against minorities such as women, gays and lesbians, people who wish to have an abortion, people who are terminally ill who wish to end their own life peacefully and those who support secular education and government. The risks are to the freedom and quality of life to individual Australians. Q5: Can you provide any examples of social exclusion in regard to religion? How and why do issues of social exclusion develop? A5: Fundamentally through a lack of understanding, respect and compassion. 5 The interface of religious, political and cultural aspirations Q1: (a) How would you describe the interface between religion and politics and cultural aspirations in contemporary Australia? (b) What issues does this include? A1: Sydney Atheists has no comment. Q2: How should government manage tensions that develop between aspirations? A2: Through the promotion of secular education and fundamental civic values including reason, respect and the ability to speak freely on any subject. Q3: How do you perceive gender in faith communities? A3: Most religions appear to either actively or passively discriminate against women. Q4: Do you believe there is equality of gender in faith communities? A4: Not in most of them. Q5: What do you think should be the relationship between the right to gender equality and the right to religious freedom in Australia? A5: Between the two, gender equality should be paramount. The importance of gender equality (as well as equality of sexuality) should form part of the education provided to all children. It would also be a useful contribution of any inter values program for religious organisations to publicly state their support for the complete equality of both sex and sexuality. Q6: Citizenship and Australian values have emerged as central issues. How do you balance integration and cultural preservation? A6: Again, by fostering a culture of reasoning and compassion, respect and understanding. Q7: What are reasonable expectations to have of citizens civic responsibility, rights, participation and knowledge? A7: That citizens understand and are willing participants in our secular democratic institutions, that there is complete separation between government and religion (as a necessary part of ensuring that all voices are equally respected) and that as citizens we value inclusiveness and diversity, reason and compassion, respect and goodwill. Q8: Is there a role for religious voices, alongside others in the policy debates of the nation? A8: Certainly. It is vital to the quality of our democracy that everyone has an opportunity to participate in the nations policy debates. This includes religious as well as atheist, agnostic and other non-theistic voices. 6 Technology and its implications Q1: How have the new technologies affected the practice and dissemination of religious and faith communities? A1: Sydney Atheists has no comment. Q2: Has new technology had an impact on your religion and/or your religious practice? A2: Once again, we would remind the Commission of the importance of using language that is inclusive of non-religious values systems. Otherwise, Sydney Atheists has no comment in relation to this question. Q3: What issues are posed by new religions and spiritualities using new technologies? A3: Sydney Atheists has no comment. Q4: Is your freedom to express your religion or beliefs hindered or helped by current media policies and practices, considering reporting, professional knowledge, ownership and right of reply? A4: There appears to be a tendency in the media to automatically seek the commentary, and apply undue weight to the views of, religious leaders on ethical issues. The evolving demographics of Australian society suggest that an approach that provided more opportunity for atheist, agnostic and other non-theistic points of view to contribute is now appropriate. Q5: What impact do the media have on the free practice of religion in Australia and the balanced portrayal of religious beliefs and practice? A5: Please see our response to Question 4, above. Q6: Are there religious or moral implications in the development of new technologies such as the internet and or mobile phones, especially in regard to religious vilification and hatred? A6: Sydney Atheists considers that such issues are not unique to religion or other values systems. 7 Religion, cultural expression and human rights Q1: Is there satisfactory freedom of cultural expression and practice within the normative social and legal framework? A1: Subject to the need for changes described in our other answers in this submission, yes. Q2: Do service providers in your state or territory support the right to cultural security, safety and competence? A2: Sydney Atheists has no comment. Q3: How can the cultural aspirations and human rights of Aboriginal and Torres Strait Islanders be met? A3: With respect but also with a recognition that culture should never be free from examination. Again, education that provides the tools for individuals to compare cultural and values frameworks is essential. Q4: What are the issues impacting on Aboriginal and Torres Strait Islander communities at present and proposed solutions? A4: Sydney Atheists has no comment. Q5: Are there any issues in regard to participation in the faith community for people with disabilities? A5: Sydney Atheists has no comment. Q6: How is diverse sexuality perceived within faith communities? A6: There are a number of mainstream religious communities who, while they state their intentions to be good, condemn and/or try to rehabilitate those whose sexuality differs from the majority. This is not the same thing as judgement-free acceptance and inclusiveness. Rather, it is divisive and often destructive. Q7: How can faith communities be inclusive of people of diverse sexualities? A7: Religions should stop advocating the view that there is, somehow, anything wrong with diverse sexualities. To address the damage done in the past, and minimise the potential for such harm in the future, they should also publicly adopt a campaign of complete acceptance and validation. This would also form a useful part of any inter values program. Q8: Should religious organisations (including religious schools, hospitals and other service delivery agencies) exclude people from employment because of their sexuality or their sex and gender identity? A8: No. Sadly, however, it is unlikely that most religious organisations will cease to do so. Therefore, to help to prevent this sort of discrimination in practice, it should be a condition of tender for all government service or supply contracts that any organisation that wishes to provide those services or supplies must adhere strictly to the Charter of Human Rights and anti-discrimination legislation. Importantly, ongoing compliance must be demonstrated. In this way, organisations that, as a matter of principle or practice, discriminate against those with diverse sexuality would be excluded from obtaining government funding, irrespective of whether they were religious or secular. Q9: Do you consider environmental concern to be an influence shaping spiritualities and value systems? A9: This appears to be true for many such systems. If anything, it supports the conclusion that religious values are not fixed by a supernatural being for all time but are in fact entirely human values that evolve within the physical world over time. Nevertheless, provided that such value systems do not harm or restrict others, people should be entitled to believe what they wish. Q10: (a) Are there religious groups, practices and beliefs that you think are concern to Australians? (b) Should these be subjected to legislative control and should they be eligible for government grants and assistance? A10: Please refer to our answers set out above.  Attorney-General (Vic); ex Rel Black v Commonwealth (DOGS case) (1981) 146 CLR 559.  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