Article

Comment

Freedom of Belief

26 June 2023

7 min read

The right to believe – or not: how's the UK doing?

As the UN passes its first ever resolution on freedom of religion, Philip Mounstephen, author of the UK Government review, appraises progress on the issue.

Philip Mounstephen

Philip Mounstephen is Bishop of Truro and Founding Chair of the UK Freedom of Religion or Belief Forum.

A person stands in the burn out shell of a church in Nigeria.

The shell of a burned out Nigerian church.

Open Doors.

I had an unusual start to my Christmas in 2018 when I was rung up by the Archbishop of Canterbury to ask me if I’d be willing to lead a review of the way the Foreign Office had addressed - or otherwise - the persecution of Christians. It became clear that this was a request from the then Foreign Secretary, Jeremy Hunt, who was very moved by the issue and clearly concerned both about the human stories of Christians caught up in persecution, and worried that his department just wasn’t doing enough about it.

Six hectic months later, almost exactly four years ago, my review was published and the Government (and not just the Foreign Office) accepted my recommendations in full. So how has the UK got on with their implementation?

Before I address that, however, let me deal with two key aspects of my findings and recommendations which are vital for getting inside this issue.

First, I argued that the most effective way to address the persecution of Christians is to guarantee freedom of religion of belief for all – and that includes the right not to believe - and my recommendations were all framed around that conviction. To argue for special pleading for one group over another would be deeply un-Christian. It would also, ironically, expose that group to greater risk, by isolating them and unintentionally portraying them as agents of the West. We must seek freedom of religion of belief for all, without fear or favour.

Second, we need to understand why this is a such a serious issue in today’s world.

If you lift the stone of persecution and look underneath, what is it that you find? You find authoritarian, totalitarian regimes that are intolerant both of dissent and of minorities; you find aggressive militant nationalism that insists on uniformity; you find religious zealotry and fundamentalism in many different forms that often manifests itself in violence; and in contexts where governments are weak you find gang welfare on an industrial scale driven by drug crime. And you often find those phenomena combined too. In other words, we find massive threats to human flourishing and harmonious communities and ultimately we find in those things significant threats to our own security as well. We can no longer say that this is a sidebar issue of a special interest group. These are huge issues that we face in the world today.

And, the global situation as regards freedom of religion or belief is getting steadily worse, not better, not least in the world’s two most populous countries, China and India. It has certainly worsened significantly since my Review reported. It’s for that reason that the last of my recommendations was that implementation of them all should be independently reviewed three years on from their acceptance. That piece of work was published last summer, just before the UK hosted a major International Ministerial Conference on this issue.

So what did the reviewers conclude? To quote their report:

There has been a positive overall response to the Recommendations, with active steps being taken towards implementing an overwhelming majority of them. However, some of those steps have been taken relatively recently.

I think we can unpack that statement a little. What does ‘There has been a positive overall response to the Recommendations, with active steps being taken towards implementing an overwhelming majority of them’ mean? It means what it says, but it also means that a number of recommendations are in the process of being implemented, but have not yet been completed. And of course it also means that some recommendations remain to be implemented. And what does ‘some of those steps have been taken relatively recently’ mean? Well, it might imply that there was a certain rush of action in the light of the review team’s work being undertaken – all of which underlines the wisdom of including that final recommendation in the first place.

Also of note is the response that the then Foreign Secretary, Liz Truss, made to the reviewers’ work:

We welcome and accept this expert review on progress and in line with the findings, accept their assessment for the need to continue to work to promote and strengthen Freedom of Religion or Belief as a fundamental human right for all…

The independent assessment concludes that the majority of the recommendations are either at an advanced stage of delivery or in the process of being delivered, whilst noting that there is still more to do.

Those skilled at reading statements such as this will point out to you the significance of the Foreign Secretary not just welcoming but accepting the findings. And note too the force of that phrase whilst noting that there is still more to do.

And, as I said, that assessment of progress was published just before the UK hosted the International Ministerial Conference last year. And a great event it was. Through it the UK put down a significant marker as to the significance it attaches to this issue. And we have also taken a leading role in the recently established inter-governmental International Religious Freedom of Belief Alliance, with Fiona Bruce MP, Prime Minister’s Special Envoy for Freedom of Religion or Belief currently holding the chair. I take no personal credit for this, but I doubt that either the UK would have hosted the Conference or that Mrs Bruce would have chaired the Alliance had not Jeremy Hunt launched the review – a review which earned him very few political ‘brownie points’ – four and a half years ago.

And yet not all in the garden is rosy. There has been a marked reluctance in some parts of the Foreign Office to recognise the religious dimension in some contexts.

Consider the approach that had been taken to the Middle Belt of Nigeria and the phenomenon of the conflict associated with the Fulani herdsmen. The standard Foreign Office line has been that this is an old conflict between contrasting lifestyles exacerbated by climate change. In other words, the religious dimension is significantly underplayed. A year or so ago the then relevant government minister claimed in a letter to be ‘unaware of substantiated evidence that extremist Islamist ideology is a driver of intercommunal attacks’. I’m afraid that is so completely at odds with the evidence, including that cited in my Review, as to be literally incredible. And, of course, if the Foreign Office claims there is no religious component to the violence they will fail to come up with religiously literate responses to it.

Happily, however more recent statements, in a clear change of tack, have begun to recognise the religious dimension to this unfolding tragedy.

Or take the recent violence in the Indian state of Manipur, with hundreds of churches targeted and destroyed, several killed and thousands displaced. Foreign Office replies to Parliamentary questions about it have been anodyne in the extreme. They remind me of the egregious attitude of the East India Company 250 years ago which protected trade at any price, even in the face of human rights abuses they could otherwise have addressed. Plus ça change.

However even as this article was being written there’s been a further and very significant positive development. Recommendation 20 of my Review called for the UK to sponsor a UN Security Council resolution on this issue. The panel of experts who reviewed implementation last year were not optimistic that it could be achieved. However, on 14 June 2023 the Security Council adopted resolution 2686, a UK-UAE joint resolution on tolerance and religious freedom. Its text addresses growing concern at hate speech and incitement to violence, and calls for action on the persecution of religious and other minorities in conflict. This is the first ever Security Council resolution on this issue, putting it firmly on the international geopolitical table.

In the UK, as elsewhere, we need to recognise that a commitment to freedom of religion or belief is not a ‘nice to have’ in today’s world, additional to the hard world of realpolitik. Not at all it. It touches upon and highlights some key issues in today’s world such as the rise of fundamentalist, nationalistic and authoritarian regimes of all kinds the world over whose treatment of vulnerable minorities is often not short of appalling and whose actions threaten not only the lives and livelihoods of those minorities but also threaten to destabilise international order, increase insecurity, (including food insecurity, as we have seen in this last year) and make it all the harder to address big ticket global issues such as climate change.

Indeed I believe that the wholesale denial of freedom of religion or belief is just one such a big ticket item and I hope and pray we remain sensitised to this issue and appreciate the vital importance of all of us, governments, churches, other faith groups, civil society, and individuals, addressing it with the seriousness and urgency which it undoubtedly requires.

Article

Assisted dying

Comment

Justice

15 October 2024

5 min read

Will clinicians and carers objecting to assisted death be treated as nuisances?

The risk and mental cost of forcing someone to act against their conscience.

Henna Cundill

Henna is a researcher with the Centre for Autism and Theology at the University of Aberdeen.

A tired-looking doctor sits at a desk dealing with paperwork.

Francisco Venâncio on Unsplash.

After a formal introduction to the House of Commons next Wednesday, MP’s will debate a draft Bill to change UK legislation on Assisted Dying. Previously, a draft Bill was introduced in the Scottish Parliament in March 2024, and is currently at committee stage. Meanwhile, in the House of Lords, a Private Member’s Bill was introduced by Lord Falconer in July and currently awaits its second reading. These draft Bills, though likely to be dropped and superseded by the Commons Bill in the fullness of time, give an early indication of what provision might be made on behalf of clinicians and other healthcare workers who wish to recuse themselves from carrying out a patient’s end of life wishes on grounds of Conscientious Objection.

There are various reasons why someone might want to conscientiously object. The most commonly cited are faith or religious commitments. This is not to say that all people of faith are against a change in the law – there are some high-profile religious advocates for the legalisation of Assisted Dying, including both Rabbi Dr Jonathan Romain and Lord Carey, the former Archbishop of Canterbury. Even so, there will be many adherents to various faith traditions who find themselves unable to take part in hastening the end of someone’s life because they feel it conflicts with their views on God and what it means to be human.

However, there are also Conscientious Objectors who are not religious, or not formally so. Some people, perhaps many, simply feel unsure of the rights and wrongs of the matter. The coming debates will no doubt feature discussion of how changing the law for those who are terminally ill in the Netherlands and Canada has to lead to subsequent changes in the law to include those who are not terminally, but instead chronically ill. The widening of the eligibility criteria has reached a point where, in the Netherlands, one in every 20 people now ends their life by euthanasia. This troubling statistic includes many who are neurodivergent, who suffer from depression or are disabled. It is reasonable that, even if a Conscientious Objector does not adhere to a particular religion, they can be allowed to object if they feel uneasy about the social message that Assisted Dying seems to send to vulnerable people.

“You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances”

Mehmet Ciftci

Conscientious Objection clauses can themselves send a social message. A response to the Scottish Bill produced by the Law Society of Scotland notes concern over the wording of the Conscientious Objection clause, as it appears to be more prescriptive in the draft Bill than in previous Acts such as the Abortion Act of 1967. In the case of any legal proceedings that arise from a clinician’s refusal to cooperate, the current wording places the burden of proof onto the Conscientious Objector, stating (at 18.2):

In any legal proceedings the burden of proof of conscientious objection is to rest on the person claiming to rely on it.

The Bill provides no indication of what is admissible as ‘proof’. Evidence of membership of a Church, Synagogue, Mosque or similar might be the obvious starting point. But where does that leave those described above, who object on grounds of personal conscience alone? How does one meaningfully evidence an inner sense of unease?

The wording of the Private Member’s Bill, currently awaiting its second reading in the House of Lords, provides even less clarity, stating only (at 5.0):

A person is not under any duty (whether by contract or arising from any statutory or other legal requirement) to participate in anything authorised by this Act to which that person has a conscientious objection.

Whilst this indicates that there is no duty to participate in assisting someone to end their life, there remains a wider duty of care that healthcare professionals cannot ignore. Thus, a general feature in the interpretation of such conscience clauses in medicine is that that the conscientious objector is under an obligation to refer the case to a professional who does not share the same objection. This can be seen in practice looking at abortion law, where ideas around conscientious objection are more developed and have been tried in the courts. In the case of an abortion, a clinician can refuse to take part in the procedure, but they must still find an alternative clinician who is willing to perform their role, and they must still carry out ancillary care and related administrative tasks.

Placing such obligations onto clinicians could be seen as diminishing rather than respecting their objection. Dr Mehmet Ciftci, a Researcher at the McDonald Centre for Theology, Ethics and Public Life at the University of Oxford comments:

You will often find that legislation that provides a right to conscientious objection is interpreted by judges these days in a way that seems to treat conscientious objectors as nuisances who are just preventing the efficient delivery of services. They are forced to refer patients on to those who will perform whatever procedure they are objecting to, which involves a certain cooperation or facilitation with the act.

This touches everyone, even those who (if the Bill becomes law) will still choose to conscientiously object. Therefore, it is important to consider that the human conscience is a very real phenomenon, which means that facilitating an act that feels morally wrong can give rise to feelings of guilt or shame, even if one has not been a direct participant.

Psychologists observe that when feelings of guilt are not addressed, if they are treated dismissively or internalised, this can significantly erode self-confidence and increase the likelihood of depressive symptoms. But even before modern psychology could speak to the effects of guilt, biblical writers already had much to say on the painful consequences of living with a troubled conscience. In the Psalms, more than one ancient poet pours out their heart to God, saying that living with guilt has caused their bones to feel weak, or their heart to feel heavy, or their world to feel desolate and lonely.

If the Conscientious Objection clauses of the new Bill being proposed on Wednesday are not significantly more robust than those in the draft Bills proposed thus far, then perhaps that is something to which we should all conscientiously object? There is much to discuss about the potential rights and wrongs of legalising Assisted Dying, but there is much to discuss about the rights and wrongs of forcing people to act against their consciences too.