Abstract

http://ssrn.com/abstract=1965743
 


 



Should Discrimination in Victoria's Religious Schools Be Protected? Using the Victorian Charter of Human Rights and Responsibilities Act to Achieve the Right Balance


John William Tobin


Melbourne Law School

November 28, 2011

U of Melbourne Legal Studies Research Paper No. 564

Abstract:     
The aim of this paper is to assess whether the capacity for religious schools to discriminate against staff and students on the basis of attributes such as their sexual orientation can be justified under human rights law, specifically the provisions the Victorian Charter of Human Rights and Responsibilities Act 2006. Two conclusions are offered. First, rather than being perceived as a simple conflict between the right to freedom of religion of schools and the right to non discrimination of adults, a proper human rights analysis also requires that the obligation to protect the best interests of children must also be taken into account. Second, an examination of the factors that must be considered when determining whether an interference with a human right can be justified, reveals that the exemption granted to religious schools under the Victorian Equal Opportunity Act represents not only an unreasonable limitation on the right to equality and non discrimination to be enjoyed by staff and students, it also contributes to an educational environment that is inconsistent with the best interests of children.

Number of Pages in PDF File: 33

Keywords: discrimination, religious schools, Victorian Charter of Human Rights

JEL Classification: K19, K39

working papers series





Download This Paper

Date posted: November 29, 2011 ; Last revised: November 30, 2011

Suggested Citation

Tobin, John William, Should Discrimination in Victoria's Religious Schools Be Protected? Using the Victorian Charter of Human Rights and Responsibilities Act to Achieve the Right Balance (November 28, 2011). U of Melbourne Legal Studies Research Paper No. 564. Available at SSRN: http://ssrn.com/abstract=1965743 or http://dx.doi.org/10.2139/ssrn.1965743

Contact Information

John William Tobin (Contact Author)
Melbourne Law School ( email )
Victoria, 3010
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 287
Downloads: 46

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.266 seconds