Section II. Status of Government Respect for Religious Freedom
In the absence of a written constitution, the law establishes the Church of England as England’s state church. Scotland, Wales, and Northern Ireland do not have state religions. Legislation establishes the Church of Scotland as Scotland’s national church, but it is not dependent on any government body or the Queen for spiritual matters or leadership.
The Human Rights Act 1998 protects freedom of thought, conscience, and religion. It states, “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.” The Human Rights Act reaffirms the European Convention of Human Rights, Article 9, which guarantees freedom of thought, conscience, and religion, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society.”
As the supreme governor of the Church of England, the monarch must always be a member of, and promise to uphold, that Church. The monarch appoints Church of England officials, including lay and clergy representatives, on the advice of the Prime Minister and the Crown Appointments Commission. Aside from these appointments, the state is not involved in the Church’s administration. The Church of Scotland is governed by its General Assembly, which has the authority to make the laws determining how it operates.
Blasphemy and blasphemous libel remain criminal offenses in Northern Ireland under common law. To date, however, there have been no convictions for blasphemy or blasphemous libel there. Northern Ireland Humanists continues to run a campaign to repeal blasphemy laws originating from the 1888 Law of Libel Amendment Act and the 1819 Criminal Libel Act, which remain in force in the region. These laws prohibit “composing, printing or publishing any blasphemous libel or any seditious libel tending to bring into hatred…any matter in Church or State.”
In England and Wales, the law prohibits religiously motivated hate speech and any acts intended to incite religious hatred through the use of words or the publication or distribution of written material. The law defines religious hatred as hatred of a group because of its religious belief or lack thereof. Police are responsible for investigating criminal offenses and for gathering evidence; the Crown Prosecution Service, which is an independent body and the main public prosecution service for England and Wales, is responsible for deciding whether a suspect should be charged with a criminal offense. The maximum penalty for inciting religious hatred is seven years in prison. If there is evidence of religious hostility in connection with any crime, it is a “religiously aggravated offense” and carries a higher maximum penalty than does the underlying crime alone.
Blasphemy is an offense under common law in Scotland. It is a crime against public order and decency and has two aspects: whether an individual’s spoken or written words against God or religion occurred, and the words are spoken or written with intent to cause disorder. The law relates only to Christianity and is punishable by fines or imprisonment or both. The law requires courts to consider the impact of religious bias when sentencing.
Northern Ireland does not have specific hate crime laws, but current legislation allows for increased sentencing if offenses are judged to be motivated by hostility based on religion, among other aggravating factors.
By law, the General Register Office for England and Wales governs the registration and legal recognition of places of worship in England and Wales. A representative of the congregation, for example, a proprietor, trustee, or religious head, must complete and submit an application form and pay a fee of 29 pounds ($40) to a local registrar. The General Registrar Office typically provides registration certificates to the local superintendent registrar within 20 working days. The law also states buildings, rooms, or other premises may be registered as meeting places for religious worship upon payment of a fee; the General Register Office for England and Wales keeps a record of the registration, and the place of worship is assigned a “worship number.” Registration is not compulsory, but it provides certain financial advantages and is also required before a place of worship may be registered as a venue for marriages. Registered places of worship are exempt from paying taxes and benefit from participating in the country’s Gift Aid program. Gift Aid allows charities to claim back the 25 percent basic rate of tax already paid on donations by the donor, boosting the value of a donation by a quarter. The law only applies in England and Wales and does not cover the Church of England or in Wales.
The law requires religious education (RE) and worship for children between the ages of three and 18 in state-run schools, with the content decided at the local level. Specialist schoolteachers, rather than religious groups, teach the syllabus. Parents may request to exempt their children from RE, and in England and Wales, students may opt out themselves at age 14, although religious worship continues until students leave school at either age 16 or 18. State schools that are not legally designated as religious require the RE curriculum to reflect “Christian values,” be nondenominational, and refrain from attempts to convert students. It must also teach the practices of other principal religions in the country. Students and teachers, unless they are employed by faith-based schools, may decline participation in collective worship, without prejudice. All schools not designated as religious, whether private or state-run, must maintain neutrality in their interpretation of the RE syllabus and must avoid presenting one faith or belief as greater than another.
State schools in England and Wales that are not legally designated as religious are required to practice daily collective prayer or worship of “a wholly or mainly…Christian character.” Schoolteachers lead these assemblies; however, parents have the legal right to request their children not participate in collective prayer or worship. The law permits sixth form students (generally 16- to 19-year-olds in the final two years of secondary school) to withdraw from worship without parental permission or action. State schools not designated as religious are free to hold other religious ceremonies as they choose.
The government requires schools to consider the practices of different religious groups when setting dress codes for students. This includes wearing or carrying specific religious artifacts, not cutting hair, dressing modestly, or covering the head. Guidance from the Department of Education requires schools to balance the rights of individual students against the best interests of the school community as a whole; it acknowledges schools could be justified in restricting individuals’ rights to manifest their religion or beliefs when necessary, for example, to promote cohesion and good order.
In Scotland, only denominational (faith-based) schools practice daily collective prayer or worship; however, religious observance at least six times per year is compulsory in all Scottish schools. Religious observance is defined as “community acts which aim to promote the spiritual development of all members of the school’s community.” Examples of religious observance include school assemblies and events to recognize religious events, including Christmas and Easter. Parents may make the decision to opt out their children from this requirement, but children may not make this decision themselves.
In Bermuda, the law requires students attending state schools to participate in collective worship, characterized by educational officials as reciting the Lord’s Prayer, but it prohibits worship “distinctive of any particular religious group.” At the high school level, students are required to take a course that explores various religions until year 9 (ages 11-14); in years 10 and 11 (ages 15-16), courses on religion are optional.
There are two faith-based private schools in Bermuda that operate from kindergarten through high school. One follows the guidance of the North American division of the Seventh-day Adventist Church. The other follows principles of the Catholic Church.
The government determines whether to establish a faith-based school when there is evidence of demand, such as petitions from parents, religious groups, teachers, or other entities. If a faith-based school is not oversubscribed, then the school must offer a place to any child, but if the school is oversubscribed, it may use faith as a criterion for acceptance. Nonstate faith-based schools are eligible to claim “charitable status,” which allows for tax exemptions.
Almost all schools in Northern Ireland receive state support, with approximately 90 percent of students attending Protestant or Catholic schools. Approximately 7 percent of school-age children attend religiously integrated schools with admissions criteria designed to enroll equal numbers of Catholic and Protestant children without the intervention of the state, as well as children from other religious and cultural backgrounds. Students of different faiths are able to attend Protestant or Catholic schools but tend to gravitate toward the integrated schools. These integrated schools are not secular but are “essentially Christian in character and welcome all faiths and none.” RE – a core syllabus designed by the Department of Education, Church of Ireland, and Catholic, Presbyterian, and Methodist Churches – is compulsory in all government-funded schools, and, “The school day shall include collective Christian worship whether in one or more than one assembly.” All schools receiving government funding must teach RE; however, students may request to opt out of the classes and collective worship. Catholic-managed schools draw uniquely on the Roman Catholic tradition for their RE, while other schools may draw on world religions.
An estimated 30 sharia councils operate parallel to the national legal system. They adjudicate Islamic religious matters, including religious divorces, which are not recognized under civil law. Participants may submit cases to the councils on a voluntary basis. The councils do not have the legal status of courts, although they have legal status as mediation and arbitration bodies. As such, rulings may not be appealed in the courts.
The law prohibits discrimination on the grounds of “religion or belief” or the “lack of religion or belief” and requires “reasonable” religious accommodation in the workplace for employees. The EHRC – a body sponsored by the Department of Education’s Government Equalities Office – is responsible for enforcing legislation prohibiting religious discrimination. The EHRC researches and conducts inquiries into religious and other discrimination in England, Scotland, and Wales. The Minister for Women and Equalities appoints the members. If the commission finds a violation, it may issue a notice to the violator and seek a court order to enforce the notice. The EHRC receives government funds but operates independently. The Northern Ireland equivalent to the EHRC is the Equality Commission.
In Northern Ireland the law bans discrimination on the grounds of religious belief in employment; however, schools may be selective on the grounds of religion when recruiting teachers. In the rest of the country, the law prohibits any discrimination, including employment discrimination, based on religious belief, unless the employer can show a genuine requirement for a particular religion.
Citing a limited broadcast spectrum, the law prohibits religious groups from holding national radio licenses, public teletext licenses, more than one television service license, and/or radio and television multiplex licenses, which would allow them to offer multiple channels as part of a single bundle of programming.
Twenty-six senior bishops of the Anglican Church sit in the House of Lords as representatives of the state Church. Known as the Lords Spiritual, they read prayers at the start of each daily meeting and play a full role in the work of the upper house.
The law requires visa applicants wishing to enter the country as “ministers of religion” to have worked for at least one of the previous five years as a minister and to have at least one year of full-time experience or, if their religion requires ordination, at least two years of part-time training following their ordination. A missionary must also be trained as such or have worked previously in this role.
The country is a party to the International Covenant on Civil and Political Rights.