Reform charity laws

Reform charity laws

Page 20 of 42: All charities, religious or not, should be held to the same standards.

Many religious charities do fantastic work.

But many others fail to provide a public benefit and some cause harm.

It's time to end religious privilege in charity law.

Charity work carried out by people of all faiths and none should be recognised and celebrated. Much of the work of religious charities, such as helping the poor, is secular in nature and beneficial to society.

But there are religious organisations which exploit the privileged status of religion in charity law to conduct activities that do not fulfil a genuine public benefit, and only serve to further religious ideology.

In the worst cases, religious charities may harm society and individuals.

Registered charities must serve a purpose recognised as "charitable". Charity laws specify a list of "charitable purposes," one of which is "the advancement of religion".

Charities must also demonstrate that they provide a genuine public benefit. But guidelines are vague on what constitutes a public benefit, particular in relation to religious activities. There is still an assumption in the charity system that religion is inherently beneficial. This view is not supported by evidence and implies those without a religion are somehow less moral or charitable.

The inclusion of the advancement of religion within charitable purposes gives religion a privileged position in the charity sector. It enables religious organisations to acquire all the benefits of charitable status, including tax relief, gift aid and public respectability, simply by "advancing religion".

It also includes religious organisations that cause harm to society. This includes charities which facilitate religious genital cutting, support the non-stun slaughter industry, and promote extremism, hatred and intolerance of other people.

The NSS believes all charities, religious or not, should be held to equally high standards. That's why we campaign for "the advancement of religion" to be removed from the list of charitable purposes, and for religious charities to be held to the same equality laws as all other charities.

Take action!

1. Write to your MP

Tell your MP it's time for "the advancement of religion" to be removed as a charitable purpose. Enter your postcode below to find your MP and send a letter to them.

2. Share your story

Tell us why you support this campaign, and how you are personally affected by the issue. You can also let us know if you would like assistance with a particular issue.

3. Join us

Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.

Latest updates

Challenge religious stigmatising of LGBT people, NSS tells Welsh government

Challenge religious stigmatising of LGBT people, NSS tells Welsh government

Posted: Mon, 20 Sep 2021 12:06

The National Secular Society has called on the Welsh government to challenge religious homophobia in education, healthcare and charities.

The Welsh government is consulting on its LGBTQ+ action plan, which aims to tackle inequalities and discrimination experienced by LGBT+ people.

In its response, the NSS highlighted barriers posed by religious organisations in achieving LGBT+ equality in Wales. It said the action plan needs "greater focus on the role on religion in anti-LGBT+ hate and discrimination".

LGBT+ inclusive education

The NSS welcomed the government's proposal to deliver "LGBTQ+ inclusive RSE for all". But it "strongly recommended" the government revisit recent curriculum reforms that still permit faith schools to teach relationships and sex education (RSE) from a faith-based perspective. This means children at some faith schools will continue to be taught same-sex relationships are wrong, the NSS said. It highlighted its 2018 findings that all 12 state-funded secondary schools in Wales with an RSE policy were teaching the subject within the tenets of Catholicism or the Church in Wales.

'Conversion therapy'

The NSS welcomed the government's commitment to tackle so-called 'conversion therapy'. It recommended legislation against forced conversion therapy, and said those harmed by the procedure should be able to seek redress. It said it should be a criminal offence for any healthcare professional to practice or support conversion therapy, and that improved education about the harms of the procedure was necessary in the healthcare sector.

Charities

The NSS said organisations that actively promote anti-LGBT+ ideology should be prevented from registering as charities. It recommended removing 'the advancement of religion' from the list of recognised charitable purposes, because it enables charities to promote homophobia as part of their religious ideology. It gave examples of a Cardiff-based Islamic charity with a video on its YouTube account about how to 'prevent sodomy' via Islamic modesty codes, and a Christian charity, also in Cardiff, that says anything that's not part of "God's good plan" for marriage should be "put to death" in a Sunday School resource.

Employment

The NSS recommended a review of gaps in the Equality Act 2010 that allow religious organisations to discriminate against potential employees on the basis of sexual orientation, gender reassignment and religion or belief. It warned this may be over-used to build an "exclusively heterosexual workforce".

NSS comment

NSS head of policy and research Megan Manson said: "We welcome the Welsh government's aims to tackle inequalities experienced by LGBT+ people.

"However, the government has shied away from challenging the religious fundamentalism that poses some of the greatest barriers to LGBT+ equality.

"Without taking this on, particularly in schools and charities, we will sadly continue to see anti-LGBT+ propaganda being promoted in the name of religion."

The consultation closes on 22 October.

Image: Pride Cymru 2016, Cardiff / Welsh Parliament (cropped), via Wikimedia Commons.

Discuss on Facebook.

Law Commission

Religious privilege causing injustice, NSS tells Law Commission

Posted: Wed, 4 Aug 2021 14:23

The National Secular Society has argued that religious privilege creates inconsistencies and unfairness in laws on education, charity, health and animal welfare in response to a consultation.

The NSS has submitted evidence on these issues to the Law Commission, which has sought views on what should be included in its latest programme of recommended legal reforms.

The commission is a statutory independent body that keeps the law of England and Wales under review and recommends reform where it judges that it's needed.

NSS recommendations

The NSS said the commission should consider:

  • Laws requiring collective worship in schools.
  • The provision in charity law which makes 'the advancement of religion' a charitable purpose in its own right.
  • The lack of effective protection for boys in laws on genital cutting.
  • The religious exemption to animal welfare laws that allows non-stun slaughter.
  • Assisted dying law.

Law on collective worship

Sections 70 and 71 of the School Standards and Framework Act 1998 require that all state-funded schools in England and Wales "shall on each school day take part in an act of collective worship".

Even in schools with no religious designation, the worship must be "wholly or mainly of a Christian character".

The NSS's submission said this law was incompatible with human rights laws and the principle of equality, and opened the door to inappropriate external evangelism in schools.

Charity law

In laws on charity throughout the UK, 'the advancement of religion' is a recognised charitable purpose in its own right.

The NSS's submission said removing this would ensure greater fairness and mitigate the damage that harmful religious organisations cause.

The NSS made the case for removing 'the advancement of religion' as a charitable purpose in a report, For the Public Benefit?, published in 2019.

Religious organisations would still be able to register for charitable status under another recognised charitable purpose, as many already do.

Genital cutting

The NSS's submission called on the commission to consider the disparity between the protections afforded to boys and girls regarding autonomy over their genitals.

It noted that boys are not given explicit protection from non-consensual, medically unnecessary circumcision or other modifications to their genitals.

It said this was incompatible with human rights law and left many at risk of serious harm.

Animal welfare

The society highlighted the religious exemption from animal welfare laws that allows animals to be slaughtered without stunning according to Jewish and Muslim rites.

There is widespread consensus among veterinary and animal welfare groups that it's more humane to stun an animal before slaughter than not to do so.

The NSS argues for the repeal of the religious exemption, and for the labelling of meat from animals subject to non-stun slaughter while the exemption remains in place.

Assisted dying law

The NSS also called on the commission to draft a legal framework for assisted dying, to guide potential legislation.

The society said a disproportionate level of influence is granted to religious groups in debates on assisted dying, and argued that the views of the general public, professionals and relevant organisations should be fairly reflected at policy level.

It said a framework could help to guide the government into formulating compassionate and safe legislation to allow for assisted dying under certain circumstances.

NSS comment

NSS head of policy and research Megan Manson said: "Our reforms identify several significant ways in which religious privilege within the law causes inequality, injustice and harm.

"Deference to religion has helped to create outdated, unfair and often unnecessarily complex laws in these areas. We hope the Law Commission will consider our recommendations as it outlines its next programme for reform."

About the Law Commission's review

  • The Law Commission undertakes a public consultation every few years, with a view to submitting a draft programme of law reform to the lord chancellor.
  • This is the commission's 14th programme of reform. The 13th was submitted in late 2017.

Image: Jarretera / Shutterstock.com.

Discuss on Facebook

More information