Muslims in Europe: - International Institute - University of Michigan

The constitutional structure adds to the complexity of the framework for minority protection. England, Wales,
Scotland and Northern Ireland each have their own legal regimes, and devolved administrations can develop their
own equal opportunities policies, although all are bound by the devolution legislation to refrain from acting in any
way that is incompatible with the ECHR. Religion and religious discrimination also have a different meaning and
resonance. In Northern Ireland and Scotland religious discrimination is usually understood to refer to sectarian
tensions between the Protestant and Roman Catholic communities. This affects the attitude towards issues raised by
the Muslim community. For example, in Scotland faith-based schools are seen, by some, as part of the problem in
terms of the sectarian divide: “people think that the solution is to treat everybody the same: it’s not to have different
services, not to have different schooling, or to meet the needs of Muslims.”
The United Nations Human Rights Committee in its concluding observations on the UK’s fifth periodic report has
said that the UK should take steps “to ensure that all persons are protected from discrimination on account of their
religious belief.” The most immediate pressure for amendments to existing legislation and policy for tackling
discrimination on the grounds of religion or belief comes from the European Union.
The Government is currently in the process of consultation for the implementation of the Employment Directive,
which covers discrimination on the grounds of religion or belief; new legislation must be in place by December
2003. However, even after the Employment Directive is implemented, Muslims will not be protected from direct
discrimination in areas outside employment, such as the provision of goods, services and facilities. The Government
has said that it has no plans at present to extend the legislation to cover these areas because of the need to maintain a
clear focus on preparing and implementing legislation needed for the Employment Directive.
The new legislation would create a positive duty on public authorities to promote equality and eliminate unlawful
discrimination. This duty would apply to their procurement, grant and subsidy, licensing, and franchising functions.
It would require employers to take responsibility for achieving equality through developing equal employment and
pay equity plans.
Education and Schools
Research by the Muslim Council of Britain found that Muslims identified access to quality education as the issue
most important to them; it was more important than all other issues put together.
For young Muslims the education system is their earliest and most significant point of contact with the wider
community. The messages that the school system provides in respecting and accommodating their needs will be a
vital influence on their attitude to integration and participation in society. The majority of Muslims continue to be
educated in non-Muslim State schools and many Muslim community organizations express concern about the ability
of these schools to meet the needs of Muslim pupils.
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