‘It’s Not Because You Wear Hijab, It’s Because You’re Muslim’ - Inconsistencies in South Australia’s Discrimination Laws

QUT Law and Justice Journal, Vol. 7, No. 1, p. 57, 2007

15 Pages Posted: 16 May 2012

See all articles by Anne Hewitt

Anne Hewitt

University of Adelaide - School of Law

Date Written: 2007

Abstract

Amendments to the Equal Opportunity Act 1984 (SA) have been proposed which would introduce a new prohibition on discrimination on the ground of religious appearance and dress in the state. However, there remains no prohibition on discrimination based on religious belief or practice. This paper examines the reasons for this curious state of affairs, and considers its consequences for religious groups in South Australia. The legislation regarding religious discrimination in other jurisdictions is considered, as are alternative means that members of religious groups in South Australia may seek protection from discrimination against them. In particular, the link between the characteristics of religion and race are considered, and the different protections offered to religious and racial groups under anti-discrimination legislation is analyzed.

Keywords: equal opportunity act (SA), discrimination, legislation, religious tolerance, racial discrimination, religious discrimination

Suggested Citation

Hewitt, Anne, ‘It’s Not Because You Wear Hijab, It’s Because You’re Muslim’ - Inconsistencies in South Australia’s Discrimination Laws (2007). QUT Law and Justice Journal, Vol. 7, No. 1, p. 57, 2007, Available at SSRN: https://ssrn.com/abstract=2060782

Anne Hewitt (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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