THE HOUSE OF LORDS (UK) SPEAKS ON DIVERSITY AND HUMAN RIGHTS

Neutral Citation Number: [2004] EWCA Civ 1075
Case No: C4/2004/0176

LORD JUSTICE DYSON FOR THE COURT :

I have referred to the increasing religious diversity of our society. This takes me on to my third point. We live, or strive to live, in a tolerant society increasingly alive to the need to guard against the tyranny which majority opinion may impose on those who, for whatever reason, comprise a weak or voiceless minority. Equality under the law, human rights and the protection of minorities have to be more than what Brennan J in the High Court of Australia once memorably described as “the incantations of legal rhetoric”. Although historically this country is part of the Christian west, and although it has an established church which is Christian, we sit as secular judges serving a multi-cultural community of many faiths in which all of us can now take pride. We are sworn to do justice 'to all manner of people'. Religion – whatever the particular believer's faith – is no doubt something to be encouraged but it is not the business of government or of the secular courts, though the courts will, of course, pay every respect and give great weight to a family's religious principles. Article 9 of the Convention, after all, demands no less. So the starting point of the law is a tolerant indulgence to cultural and religious diversity and an essentially agnostic view of religious beliefs. A secular judge must be wary of straying across the well-recognised divide between church and state. It is not for a judge to weigh one religion against another. The court recognises no religious distinctions and generally speaking passes no judgment on religious beliefs or on the tenets, doctrines or rules of any particular section of society. All are entitled to equal respect, whether in times of peace or, as at present, amidst the clash of arms. In this context I can do no better than to repeat what Scarman LJ (as he then was) said in Re T (Minors) (Custody: Religious Upbringing) (1981) 2 FLR 239 in a long passage at pp 244-245 which, beginning with the words “We live in a tolerant society”, is too long to quote but demands reading in full.