Around the world, jurisdictions have grappled with the problem of how best to maximise realisation of all human rights in the context of religious educational institutions. Different jurisdictions have dealt with this issue in different ways, which has led to a variety of legal approaches. This Background Paper discusses the application of anti-discrimination law to religious educational institutions from a comparative law perspective. The laws of five foreign jurisdictions are examined, including the European Union, England and Wales, the Republic of Ireland, New Zealand, and Canada.
These background papers are intended to provide a high-level overview of topics of relevance to the Australian Law Reform Commission’s Inquiry into Religious Educational Institutions and Anti-Discrimination Laws, including key principles and areas of research that underpin the development of recommendations.