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Freedom of Thought And Conscience And Religion

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Article 18: Freedom of Thought And Conscience And Religion


Case Study: LEGISLATING AGAINST RELIGIOUS HATRED
  • In the wake of September 11, some members of the British Muslim community suffered from attacks of religious hate.
  • In the Anti-Terrorism, Crime, and Security Act 2001, the UK outlines measures for prosecuting incitement to religious hatred.
  • According to the new anti-terror law the courts should treat religion like race when dealing with violence and intimidation.


Post September 11

In the aftermath of the September 11 terror attacks on New York and Washington, the UK introduced the Anti-Terrorism, Crime, and Security Act 2001.

The purpose of the act is to strengthen legislation in a number of areas to ensure that the Government has the necessary powers to counter the increased threat to the UK and to tackle the effects in local communities, including attacks, threats and hatred based on religion.

The Bill's Scope

The measures outlined in the bill, introduced in the House of Commons on 12 November, 2001, cover a number of areas including efforts to adequately respond to those who seek to incite religious and racial hatred or violence.

The bill was enacted after receiving Royal Assent on 14 December, 2001.

Part 5 of the Act extends the racially aggravated offences of assault, public order, criminal damage and harassment to cover attacks aggravated by religious hostility.

They extend the provisions concerning incitement to racial hatred to cover religious hatred.

They include cases where the hatred is directed against groups abroad, and increase the maximum penalty for such offences from 2 to 7 years imprisonment.

To be prosecuted for inciting religious hatred, a perpetrator must use "threatening, abusive or insulting words or behaviour" intended or likely to stir up hatred against a group of people because of their religious belief or lack of religious belief.

The Act was welcomed by the Muslim community, which had been targeted in a series of attacks across the UK in the wake of the American terror attacks.

In Northern Ireland, however, there is to be an inquiry into Hate Crime – there were 189 offences recorded in the year to March 2003, with attacks against ethnic minorities rising by 40%.

Consultation on legislation to tackle the crimes has been launched, with jail terms for criminal damage increased from 10 to 14 years.