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EQUALITY LAW IN AN ENLARGED EUROPEAN UNION Part 7

Điều 12 của Luật bình đẳng giới quy định : Nam, nữ bình đẳng trong việc thành lập doanh nghiệp, tiến hành hoạt động sản xuất, kinh doanh, quản lý doanh nghiệp. Bên cạnh đó, còn quy định nam, nữ bình đẳng trong việc tiếp cận thông tin, nguồn vốn, thị trường và nguồn lao động. | religion or belief aiming at the right target 213 Equality Religion or Belief Regulations 2003 43 implementing the Directive in Great Britain categorically state that political beliefs will not be included unless they are similar to a philosophical belief.44 However it seems likely that some political beliefs even party political beliefs will qualify as protected beliefs. Convention case law has recognised paci-fism 45 Nazism 46 fascism 47 Communism48 and even principled opposition to corporal punishment49 and anti-abortion beliefs50 as prima facie falling within the protected range. Again some of these cases involved the European Court or Commission for Human Rights moving directly to a consideration of the respondent state s power to restrict manifestations of the belief rather than being fully considered conclusions and so they need not be highly persuasive when the Directive is being interpreted. But they illustrate the important point that there is apparently no scope for any evaluation of the worth or potential harmfulness of the belief in question. This highlights a difference between the religion or belief ground compared with other protected grounds. Anti-discrimination provisions for the other protected grounds express a consensus about particular values of equality and the irrelevance of certain characteristics which are relatively straightforward to understand and uncontroversial the protection extended to sexual orientation is probably the most controversial but even then not to the extent of there being any real opposition to its inclusion on the part of any Member State . However a blanket protection for religion or belief potentially provides protection for the holders of completely abhorrent or irrational or bigoted beliefs including those which would certainly not accord equal rights to others if they were to prevail. This may seem to be inevitable given the pluralist conception of religion or belief underpinning the Directive and the obvious .